WH-1000XM5 headset fault - Sony tried to deny liability
WH-1000XM5 headset. After 7 months, the right swivel hinge popped out of the headband. I took the headset back to the retailer (Harvey Norman) who sent this to Sony NZ in auckland.
Sony replied "the issue being reported is considered to be physical damage in nature. Hence, the warranty of the product cannot be applied. We can arrange a repair request and have our service centre contact you in 2 business days to discuss the repair but charges will apply."
As Harvey Norman is legally liable for the repair, replacement or refund - my response of "This issue appears to be consistent with a known design flaw reported by other users, as documented in public forums and articles such as Headphonesty’s January 2024 report. The failure occurred without any misuse or impact, and I believe it constitutes a breach of the Consumer Guarantees Act 1993 (NZ), particularly the guarantee of acceptable quality and durability." was sufficient for Harvey Norman to force Sony to repair the headset at no cost. Two weeks later, I got my repaired headset back.
For those interested - had Sony rejected that request, the fault would become a 'major fault'. Under NZ law, I could force Harvey Norman to replace or refund the headset. Any pushback would have resulted in a Disputes Tribunal claim being raised - something Sony would not want as that would expose them to legal scrutiny.
The Disputes Tribunal in NZ is a quick, cheap, and informal way to resolve civil disputes (up to $30,000) without lawyers, using a referee to help parties reach agreements or make binding decisions on issues like faulty goods.







