5 Year Warranty Return/Repair - Asked to Pay Postage to Manufacturer

Talonparty on 13/01/2015 - 16:34
Last edited 13/01/2015 - 16:34

Hi everyone, I bought a pretty fancy modular power supply back in 2010. It was an antec power supply and was advertised as coming with a 5 year warranty (as a lot of Antec power supplies do). Unfortunately it died a month or two ago and I want to claim the warranty.

I checked up first because I expected some resistance to the warranty claim since it was so old and, as far as I understand, my rights as a consumer allow me to process all warranty claims through the retailer. I am allowed to contact the manufacturer directly but they are under no obligation to do anything since it was the retailer whom I did business with.

The retailer was surprisingly receptive and just told me to bring it in to the shop but he said I must pay postage and handling to the manufacturer (and I assume also any costs from the manufacturer). I was a bit surprised by this and told him I wasn't sure that was right blah blah, it was all very civil and I said I'd check out my rights before I came in and dropped it off.

I've sent an enquiry to the ACCC because I couldn't find any information about return shipping in this situation but I haven't had a reply yet. I thought I'd throw it out to you guys to see what you think and whether or not anyone has had any experience in a situation like this.

Can they legally pass all the transport costs on to me?

General Discussion

Comments

  • scrimshaw on 13/01/2015 - 16:44
    +1

    Returning the product

    https://www.accc.gov.au/consumers/consumer-rights-guarantees…
    You are responsible for returning the product, unless the cost of doing so is significant. In this case, the business must organise and pay for the return or exchange.

    Examples of goods the supplier would have to collect:

    127 cm LCD TV
bed
swimming pool filter connected to a pool by fixed pipes
extension ladder stuck in the extended position.

    Addendum
    From Consumer.vic.gov.au

    • Returning an item – postage and return costs
    • Returning small and medium-sized items

    You are responsible for returning small and medium-sized items, such as a watch or microwave, to the store or seller. If you bought the item online, this means you must initially pay the return postage, shipping or courier costs.

    Once the store or seller has the item, they will assess the problem. If the item has a major or minor fault, you are entitled to recover the return costs from the store or seller.
    Returning large or heavy items

    The store or seller must pay the return costs, or collect the item themselves if:

    1 the item has a major or minor fault
    2 the item cannot be easily returned
    3 the return costs are significant.

    Examples include a faulty wide-screen TV or washing machine.

    • Love a bargain on 13/01/2015 - 16:50
      +3

      You are responsible for returning small and medium-sized items, such as a watch or microwave, to the store or seller.

      So I'd say the OP is only responsible for bringing the item back to the retailer but not the cost of shipping the item from the retailer to the manufacturer.

      • scrimshaw on 13/01/2015 - 16:54

        At best, that statement is an assumption. Our Australian Consumer Law can be fairly vague and in this circumstance it doesn't specify who exactly should cover the cost of shipping the PSU to Antec — the shop, or the consumer?

        However, you have the right to recoup the costs of shipping if you were to one to have to pay for return shipping, after the item has been repaired or replaced.

        • [Deactivated] on 13/01/2015 - 17:45
          +5

          He just needs to return it to the retailer.
          The retailer or someone further down the supply chain is responsible for costs from there on.

          The customer is not responsible beyond getting it back to the shop.

          The ACL is very clear about this, even in the above extract. I don't see how anyone is confused by this.

        • jaybmate on 13/01/2015 - 18:07
          +1

          @Drew22: This guy is right.

        • SlickMick on 14/01/2015 - 22:15

          if the definition of store or seller could be confused for manufacturer, they're vague laws indeed

    • Talonparty on 13/01/2015 - 17:11

      Yeah that's the part I saw too. My understanding of it all was that it was returning it to the business which I will do in person. It's the other side of it that I am unsure of.

      I used to work in retail and we always took returns/repairs in and just sent them off, we never charged anyone for shipping from our store to the warehouse/manufacturer and it was never brought up.

      I guess I just assumed that since I did business with the retailer then my obligation was to cover the cost of returning it to him. At this point it becomes a new issue where the retailer is the customer and the manufacturer is now the supplier. To me it seems like it's now the retailers job to pay these costs and try to recover them from antec.

      The website isn't very helpful in this regard and I think it's now past eastern states knock-off time so I don't think I'll be getting a reply from the ACCC today.

      • [Deactivated] on 13/01/2015 - 17:59
        +3

        You only need to get it to the shop.

        What they do with it from there is their problem.

        As a consumer you would have no way of knowing if they sourced their goods from Australia or Ukraine. This would be unfair on you, but is something that the business decided to do and are thus liable.

      • endotherm on 13/01/2015 - 19:19
        +2

        The Checkout

  • inasero on 13/01/2015 - 18:35
    +1

    i believe the above is correct
    when i had a broken saucepan lid (swiss diamond lol) the retailer said i had to send it to the manufacturer but then i quoted the ACL and they took care of the rest ;)

  • Talonparty on 14/01/2015 - 18:50
    +5

    Just a heads up if anyone is interested: I got in touch with the ACCC and they told me that I should not bear this cost and that I should contact the company in writing to clearly state what I expect etc. If they don't play ball I'm to take it to the department of commerce (the people who will handle it in WA).

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