If you've just purchased a Samsung Galaxy Note 7 and you're a risk averse person like me, you're probably itching to get it off your hands right away. Last week Samsung issued a recall of all Galaxy Note 7’s sold in New Zealand. Yesterday, Air NZ issued a total ban on the phone on all Air NZ flights from Sunday. Why? Because the battery in the phone has the potential to overheat and catch fire. So, if you have just purchased the phone, what are your options? Under the New Zealand Consumer Guarantees Act, suppliers are required to provide certain guarantees in respect of products sold to consumers, which includes businesses who buy such goods for their own use (and not for resale, resupply or use in a manufacturing process). The guarantees include that the goods are of "acceptable quality". The definition of "acceptable quality" in the Act includes that goods are safe and durable. Where this guarantee is not met (which is likely to be the case where the goods have the potential to catch fire!), the supplier is required to either repair or replace the goods, or, where the supplier cannot reasonably be expected to repair the goods, refund the price paid for the goods. In this case, you will not need to rely on the guarantees under the Act as Samsung has opted for a voluntary recall and is offering to replace or refund the phone on its NZ website.
Samsung has halted sales of the Galaxy Note 7 smartphones and told consumers to stop using them as it investigates reports of more fire damage in replacement devices