Thread: Consumer Guarantees Act - Rifles

Purchased a brand new 77/22 22LR yesterday and it took it to the range last night. It shot alright but barrels not floated so I'm happy enough with accuracy really.

Issue is it's has feeding and ejection issues. It feeds most rounds alright maybe jammed 5 of the 100 odd assorted bullets (8 types) but it jammed every single PowerPoint without fail. This is the lesser issue as I can deal with this by using other ammo.

The biggest issue is it doesn't eject maybe 10% of the rounds once again some brands are better than others but for a relatively expensive 22 this isn't ok. It stove pipes every federal bulk round and the Browning BPR rounds (a shame as is the most accurate round. The rim just slides past the fixed ejector and doesn't eject holding on to the case. The only cases that didn't have an issue were cci stingers and they shot like shit so that's not an option also only shot 10 rounds of them.

Possible issues:
Bolt is lose as anything (can wobble in any direction but the old one I shot was like this and has no issues so i didnt really care and I don't think it ever jammed and I used it most nights spotlighting with the old man.)
Magazine is also loose and almost looks like a fake (a 10/22 mag and ruger American mag fit much better. It's a different colour, shape, and has bad joints etc. I couldn't test the other mags as another store just let me have a look while I was talking about the issue.)

So I have taken it back and they want to send it to a gunsmith. I'm not really happy with this as it's new and it should work. I won't be buying anymore mag as for a while so if it only works with this magazine after the fix then I feel I don't have a comeback as I likely won't know for a wee while. Do I have to accept the repair and does the consumers guarantee cover me? I feel feeding and ejection is a major fault and as such I shouldn't have to accept a repair. If be happy with a credit and just get a different model rifle.

I think the worse was the excitement of the rifle only to have it fail and make me wish I had just brought a different rifle.

Pretty sure the Consumer Guarantees act says the supplier has the right to repair or replace the item. Them sending to a gunsmith is their right. However for your protection I would want to know the name of the gunsmith and get a copy of the written report frm the gunsmith. If you don't agree with their gunsmiths findings then take it to your own gunsmith and get their written report.
After that it would be small claims tribunal.

Consumer Guarantees act says

6 Guarantee as to acceptable quality
(1)
Subject to section 41, where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality.
(2)
Where the goods fail to comply with the guarantee in this section,—
(a)
Part 2 may give the consumer a right of redress against the supplier; and
(b)
Part 3 may give the consumer a right of redress against the manufacturer.

7 Meaning of acceptable quality
(1)
For the purposes of section 6, goods are of acceptable quality if they are as—
(a)
fit for all the purposes for which goods of the type in question are commonly supplied; and
(b)
acceptable in appearance and finish; and
(c)
free from minor defects; and
(d)
safe; and
(e)
durable,—
as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—

(f)
the nature of the goods:
(g)
the price (where relevant):
(h)
any statements made about the goods on any packaging or label on the goods:
(ha)
the nature of the supplier and the context in which the supplier supplies the goods:
(i)
any representation made about the goods by the supplier or the manufacturer:
(j)
all other relevant circumstances of the supply of the goods.

https://www.consumer.org.nz/articles...ns-and-refunds

Serious faults

If an item has a serious fault then you are allowed to return it. See our full report on the Consumer Guarantees Act (CGA) for more details.

Generally a serious fault means a reasonable consumer wouldn't have bought the product if they'd known about the fault. The CGA also applies if the item can't be easily repaired, is unsafe, doesn't match its description or demo sample, or isn't fit for the product's normal purpose.

@Unihunter,

Lots of alarm bells. So far your new gun sounds like your wife cheating on you on your wedding night and the story is not going towards a feel good ending. ("Is that Herpes, Dear?")

Consumer Guarantees Act summarised by the Citizens Advice Bureau:

When you buy goods for personal, domestic or household use, they are covered by the following guarantees:


They have to be of acceptable quality and last for a reasonable time (taking into account the nature of the seller and the where you bought the goods e.g. if you buy second hand goods you would not expect them to be of the same quality and durability as new goods of the same type).

***They have to be fit for their particular purpose.(AS A REPEATING RIFLE, WHICH REQUIRES RELIABLE FEED/EXTRACTION)

***They have to match their description. (SEE COMMENT BELOW)

They have to match the showroom model.

The manufacturer or importer must take reasonable steps to provide spare parts and repair facilities for a reasonable time after you purchase the goods.

From 17 June 2014 there is a guarantee of timely delivery, which means that where a supplier is arranging the delivery of the goods they must ensure that the consumer receives them in the agreed time period.


Comment:

(from GC blurb on 77/22, quoting Ruger:
"Ruger 77/22 Rotary Magazine Rimfire Bolt Action rifles are built to the same standards set by our M77 Mark II centrefire rifles.")

Note, the GC Blurb on 77/357 rifle to which your rifle got compared by Ruger, again reproducing Ruger's blurb:
"Comparing favorable with custom-made firearms, the innovative 77/357 have established themselves as the perfect rifle for small game hunters, ranchers, and long-range informal plinkers. These rifles boast all of the technological advancements of the M77 Mark II rifle with the rugged and utterly dependable Ruger detachable rotary magazine."

That does NOT describe the magazine rifle you are talking about.

You BTW are entitled to return of money, not just a store credit.

Originally Posted by ROKTOY

https://www.consumer.org.nz/articles...ns-and-refunds

Yeh I read that what I mean is what I have a serious fault as I would call it as such. Legally however is wear I'm not so sure.

Originally Posted by stug

Pretty sure the Consumer Guarantees act says the supplier has the right to repair or replace the item. Them sending to a gunsmith is their right. However for your protection I would want to know the name of the gunsmith and get a copy of the written report frm the gunsmith. If you don't agree with their gunsmiths findings then take it to your own gunsmith and get their written report.
After that it would be small claims tribunal.

Consumer Guarantees act says

6 Guarantee as to acceptable quality
(1)
Subject to section 41, where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality.
(2)
Where the goods fail to comply with the guarantee in this section,—
(a)
Part 2 may give the consumer a right of redress against the supplier; and
(b)
Part 3 may give the consumer a right of redress against the manufacturer.

7 Meaning of acceptable quality
(1)
For the purposes of section 6, goods are of acceptable quality if they are as—
(a)
fit for all the purposes for which goods of the type in question are commonly supplied; and
(b)
acceptable in appearance and finish; and
(c)
free from minor defects; and
(d)
safe; and
(e)
durable,—
as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—

(f)
the nature of the goods:
(g)
the price (where relevant):
(h)
any statements made about the goods on any packaging or label on the goods:
(ha)
the nature of the supplier and the context in which the supplier supplies the goods:
(i)
any representation made about the goods by the supplier or the manufacturer:
(j)
all other relevant circumstances of the supply of the goods.

I did read that but this is a brand new rifle and what if call a serious fault. As such the repair as I read it was for a minor fault. But I am not one to interpret law

Originally Posted by Unihunter

Yeh I read that what I mean is what I have a serious fault as I would call it as such. Legally however is wear I'm not so sure.

As in Cordites post above, it isn't fit for purpose and you are entitled to ask for your money back. It is brand new and it is faulty, end of story

Originally Posted by ROKTOY

As in Cordites post above, it isn't fit for purpose and you are entitled to ask for your money back. It is brand new and it is faulty, end of story

AND does not match its description, utterly reliable magazine. TUI.

Originally Posted by Cordite

@Unihunter,

Lots of alarm bells. So far your new gun sounds like your wife cheating on you on your wedding night and the story is not going towards a feel good ending. ("Is that Herpes, Dear?")

Consumer Guarantees Act summarised by the Citizens Advice Bureau:

When you buy goods for personal, domestic or household use, they are covered by the following guarantees:


They have to be of acceptable quality and last for a reasonable time (taking into account the nature of the seller and the where you bought the goods e.g. if you buy second hand goods you would not expect them to be of the same quality and durability as new goods of the same type).

***They have to be fit for their particular purpose.(AS A REPEATING RIFLE, WHICH REQUIRES RELIABLE FEED/EXTRACTION)

***They have to match their description. (SEE COMMENT BELOW)

They have to match the showroom model.

The manufacturer or importer must take reasonable steps to provide spare parts and repair facilities for a reasonable time after you purchase the goods.

From 17 June 2014 there is a guarantee of timely delivery, which means that where a supplier is arranging the delivery of the goods they must ensure that the consumer receives them in the agreed time period.


Comment:

(from GC blurb on 77/22, quoting Ruger:
"Ruger 77/22 Rotary Magazine Rimfire Bolt Action rifles are built to the same standards set by our M77 Mark II centrefire rifles.")

Note, the GC Blurb on 77/357 rifle to which your rifle got compared by Ruger, again reproducing Ruger's blurb:
"Comparing favorable with custom-made firearms, the innovative 77/357 have established themselves as the perfect rifle for small game hunters, ranchers, and long-range informal plinkers. These rifles boast all of the technological advancements of the M77 Mark II rifle with the rugged and utterly dependable Ruger detachable rotary magazine."

That does NOT describe the magazine rifle you are talking about.

You BTW are entitled to return of money, not just a store credit.

I will try push on them a touch more now. It appears a manufacturer issue more than anything and as such I don't really trust the rifle anymore. For me to extract the accuracy I'm looking for I will have to modify / float the barrel and as such I will null and void that warranty so when combined with the poor finish of the magazine and the mechanical issues I would not have purchased the rifle.

It’s not working as it should which means it’s not fit for perpose
Could be as simple as them replacing the mag and ether replaceing the ejection stuff
Or having it repaired buy a gun Smith

Take it back to where you brought it and explain what’s happening with it
Don’t get pissed with them its not their fult its ruger factory only that can be blamed in this case but being good about it is the way to get stuff solved

It doesn’t work as it should so there for it needs fixing or replacing free of charge simple as that....

Take it back to the shop and tell them to stick it up their arse and give you your money back so you can buy a CZ.

Originally Posted by systolic

Take it back to the shop and tell them to stick it up their arse and give you your money back so you can buy a CZ.

Hahaha that’s a really good way to keep in the good books of the local lol
Hay boys I brought this yesterday and its jaming and not ejecting the emptys
And could you please get it sorted for me
You’ll find you probably get a better response

Having spoke to the store it will be looked at Monday which is a bit gutting as this weekend was planning on getting it out for a blast. I have been offered a credit for another but there is no more in the model I purchased so I'm not sure how that will go.
I understand it is a manufacturer fault but unfortunately the product is not what I had hoped (especially considering it's the first new rifle I have owned and cost more than my centrefires)...

Mate, I'd be telling them you aren't interested in having it repaired and you will take your money back, thankyou very much. Then I would head elsewhere to locate and buy a new rifle.

Yeah mate you have a right to be gutted
It sucks the ruger m77/22 is a great choice
And im sure you’ll be more than pleased with it
You have just has some bad luck in getting a very rare faulty one
They will get it sorted for you if you do change brands get a cz or Lithgow la101