Seller Refusing Warranty Claims and Telling Me to Bring It up to The Manufacturer

shesaidshewas18 on 05/11/2017 - 20:55
Last edited 05/11/2017 - 20:57

I bought a testing equipment costing $5500 for testing copper lines - received on the 21/10/2016. Over the last 12 months, The test leads has failed me 3 times.

1st time - Got a replacement. Think it was early March 2017

2nd time - Got a replacement on 24/07/2017

3rd time

  • Emailed them on 22/10/2017, sent them the leads on 25/10/2017.
    They had a look and said it works perfectly. When I got the leads back, I tried it and found them faulty.

  • Emailed them again on 01/11/17 saying leads are faulty and will be sending it back to them
    Now they are saying the manufacturer is no longer covering it under warranty and asking me to purchase a new one.

  • I emailed back saying the current leads were replaced on the 24/07/2017 and it is very disappointing for it to only last less then 3 months. According to Australian Consumer Law, this is of unacceptable quality for such an expensive product. 12 months warranty would have covered me till 22/10/2017, which on the same day I notified them of the issue.

  • They straight away told me they can't do anything, manufacturer says leads no longer under warranty. You can contact manufacturer directly if you wish
    According to ACCC

    The retailer can’t refuse to help you by sending you to the manufacturer or importer.

I think new ones cost $300 - $400. What are my options here?

General Discussion

Comments

  • k-rokfm on 05/11/2017 - 20:58
    +1

    Contact ACCC

  • Brucet on 05/11/2017 - 21:24

    You received on the 21/10/2016. ( 12 months warranty ).
    Got a replacement 2nd time on 24/07/2017.( your warranty will expired on 21/10/2017 )

    You emailed them on 22/10/2017, sent them the leads on 25/10/2017. (warranty already expired. )

    • Munnday on 05/11/2017 - 21:31
      +1

      Not so, consumer laws state that the replacement period would reset if an item is replaced.

      Eg, of a tv died after 1 1/2 years, then the replacement guarantee would start again from the date the new one is received.

      • John Kimble on 05/11/2017 - 21:35
        +9

        Link? Pretty sure warranty doesn't reset on replacement…

        • Brucet on 05/11/2017 - 21:37

          exactly

        • Munnday on 05/11/2017 - 21:42
          -1

          Warranty period won't reset with the manufacturer, however consumer guarantee on the lifetime of a product would 'reset' when the product is replaced…..as it's a new product

        • robbyjones on 05/11/2017 - 21:53
          +3

          @Munnday: This is incorrect, warranty is always from purchase date. In your scenario you could purchase something today with a 12 month warranty and if it fails at the 11th month mark you would expect a replacement and this could go on forever.

        • Some Guy on 05/11/2017 - 23:06

          @robbyjones:

          So what does one do with the warranty card that comes with the new item? Backdate it to when the first item was purchased?

          If the item received on 24/07/2017 was indeed a new item, then the warranty for it starts then. How would the manufacturer know that this was the customers second or third bite of the cherry?

          If the items received in early March 2017 and on 24/07/2017 were not new, but the original item repaired, then the warranty may commence at the original purchase date.

          Most importantly, something that costs $5500 and fails thrice in a year is not fit for purpose and a refund would be obtained on that basis alone.

        • Munnday on 06/11/2017 - 12:14

          @robbyjones: I never said that the warranty period changes. You are correct, the warranty period is 12 months from date of purchase this will not change.

          However, your consumer rights and guarantees are separate from warranty.

          For the above issue, the warranty period started on 21/10/16 and expired 12 months later. The last replacement was from 24/07/2017 - so in theory, the consumer guarantee on the expected lifespan of a product is from this date

      • garetz on 06/11/2017 - 07:18

        That would mean you could indefinitely replace it and get warranty forever. Doesn't work like that.

    • Peck on 05/11/2017 - 21:32

      Does the 12 month warranty restart with the replacement?

      • robbyjones on 05/11/2017 - 21:38

        No, the warranty is always from purchase date but consumer law states that it must be fit for purpose and must meet value for price. I wouldn't expect such a high priced item that has failed so many times would meet these requirements and if it was me I would pursue it though the relevant consumer authority after exhausting all other avenues. The contract is between the purchaser and the retailer however if they are being difficult I would address it with the manufacturer directly.

        • shesaidshewas18 on 05/11/2017 - 21:40
          +2

          I know warranty does not reset. But the item failed 3 times in 12 months. Wouldn't this be considered a major issue and not fit for purpose?

        • robbyjones on 05/11/2017 - 21:47

          @shesaidshewas18: In my opinion, yes, I would definitely pursue it if I were you however I would expect a refusal so ensure you have all of your correspondence noted, preferably in writing but definitely in a diarised timeline with as much detail as possible if your contact is over the phone (better to be pessimistic and prepared than not keep records and have nothing to follow up on). If you take it further the first question you will be asked is have you asked for a replacement/refund and given a time frame to get back to you.

  • Nutrino on 05/11/2017 - 21:30

    What are these leads?. Link. Just curious, what's the issue?

    • shesaidshewas18 on 05/11/2017 - 21:49

      You can see the leads here - https://goo.gl/anuMRw

      They are not doing anything when connected. As if the wires inside are broken

      • Zachary on 06/11/2017 - 10:31

        That little thing is $5500?! Holy shit…..

  • Brucet on 05/11/2017 - 21:36

    Then Contact ACCC and may take you months to solve the problem.( good luck ).

  • BuyoTheCat on 05/11/2017 - 21:39

    The manufacturer provides the warranty. The retailer cannot refused to handle warranty for you. However, the equipment is now out of warranty.
    The retailer need not handle warranty claims on this for you. It is not nice of them but they are not technically required.

    You best case would be to contact the manufacturer to do a claim.

    I would first ask nice. "Look guys it is just out of warranty and I have had a few failed already. Help me out."

    If they refuse, tell them you want to claim stat warranty and if they refuse again, threaten ACCC.

    Do note that if you use this for work, stat warranty applies differently

    Good luck. Remember, ask them nicely first

    • shesaidshewas18 on 05/11/2017 - 21:46

      Wouldn't it count that I contacted them the day warranty ended?

      I'll email them again tomorrow nicely, see how it turns out. I already mentioned ACL once and they did not budge

      • BuyoTheCat on 05/11/2017 - 21:50

        Either way, it is the manufacturer that provides the warranty. I think in your case it is easier to deal directly with the manufacturer. They would be more likely to show good will to the customer than a retailer

      • Diji1 on 05/11/2017 - 21:51

        Using words doesn't mean dick, just use it (meaning ACL).

  • Thrawn on 05/11/2017 - 21:51
    +2

    Due to the nature of the product.. I don't think Australian consumer law covers it. Warranty would probably be on strict commercial terms

  • AJFox on 05/11/2017 - 22:09
    +2

    Where did you buy it from? Within Australia, new? If so I'd expect something costing $5500 to work at least 5 years.

    If bought in Australia, the Australian Consumer Guarantee applies, it's not affected by the manufacturer's warranty (these rights are in addition to those).

    If the retailer doesn't provide a remedy, bring it up with your credit card provider / paypal / however you paid for it. Look up what a chargeback is.

    If you didn't pay via CC/paypal, make sure you do from now on for the additional protections.

    As they have failed 3x, ask the retailer for a refund via email not via phone so you have a record.

    Then contact the ACCC like people have suggested.

    https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    • shesaidshewas18 on 05/11/2017 - 22:25

      Brand new in Australia with gst.

      Yes, would expect them to last longer and not fail 3 times under a year. Is there a timeline period where the Australian Consumer Guarantee would lapse? Ie 12 or 24 months?

      • Yttrium on 06/11/2017 - 07:48
        +1

        The timeline for the ACL is: "a product should last as long as a reasonable person would expect".

        This would be 5-10 years for an item like this.

  • AJFox on 05/11/2017 - 22:37

    Not as far as I know, simply 'reasonable time'. Usually would depend how much you paid for it. If a normal person thinks what you bought for that price would last 5 years, I'd expect that to be the 'reasonable time'.

  • thatonethere on 05/11/2017 - 22:57

    Maybe small claims them for a refund and buy something more reliable.

  • whooah1979 on 05/11/2017 - 23:09

    I bought a testing equipment costing $5500 for testing copper lines

    for personal use?

    personal use as in a domestic and/or household environment.

    • 2025 on 06/11/2017 - 01:33

      Commercial and business equipment is covered by the law under $40K. This is considerably less.

      • whooah1979 on 06/11/2017 - 05:21

        Still waiting for op to clarify.

      • whooah1979 on 06/11/2017 - 14:59

        Commercial and business equipment is covered by the law under $40K.

        This threshold amount is one criterion used to determine whether or not a b2b transaction meets the definition of consumer, and subject to the consumer provisions under the acl.

        The second criterion is more complex and could be the one that the manufacturer is using to deny op's warranty claim.

    • shesaidshewas18 on 06/11/2017 - 07:14

      Commercial use

  • follow on 06/11/2017 - 00:06

    jdsu?

    • shesaidshewas18 on 06/11/2017 - 07:15

      Yeap

      • follow on 06/11/2017 - 08:14

        I guess if you have time, send them a letter of demand and then file for small claims court. They most likely buckle by then.

  • Meho2026 on 06/11/2017 - 07:56

    Dont get caught up on the 12 month warranty period, as AJFox stated above, its not relevant to your consumer rights under the law. Any product we buy must be of acceptable quality, there are other requirements but I think this is what you argue, that it is not acceptable quality.
    Under consumer law, it doesnt matter that your original purchase was more than 12 months ago. The price you pay is taken into consideration of the expected quality and life span so in your case I think there is an expectation that the product will last a lot longer than 12 months.
    However you are supposed to consider how you have used the product and if you have used the product in a an unintended manner. If you have followed the manufacturers instructions then you have nothing to worry about.
    Often the sellers have no idea of the Australian Competition and Consumer Act and wrongly assume they have no obligations after a 12 month period.
    The recommended procedure to follow is making a written complaint explaining the problem, the outcome you want and what steps you intend to take if they dont resolve the matter.
    The ACCC probably wont do much but Consumer Affairs Victoria might so you can threaten that.
    Theres a good source of info including how to write the letter here
    https://www.accc.gov.au/publications/consumer-guarantees-a-g…

    • whooah1979 on 06/11/2017 - 18:01

      its not relevant to your consumer rights under the law.

      but is op defined as a consumer in this transaction?

      op has acknowledged that this item is being used for trade or commerce. the question is now what kind of item this is and what the item is normally used for.

      does the item satisfy the condition of acl 2010 sect 3(1)(b)?

  • Dibbers on 06/11/2017 - 09:42

    Don't know why you persisted with the product that kept on failing. You should have just got a refund then and tried something else. I know i would have.

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