Am I getting unfairly treated by Acer here? Is there anything I can do?

BrainSand on 16/09/2020 - 10:35
Last edited 16/09/2020 - 10:54 by 1 other user

My Acer XB271HU developed a dark streak on the left hand side just over a year into ownership. Here's what they have on their and are telling me is my fault, a cracked monitor. I don't believe for a second that the initial fault was an "impact mark" surely it is just being used as a scapegoat…

They still have my monitor, and it was sent to them on the 21st of July (56 days ago…)
the story so far, I'll keep it short it short:

I sent them photos, proof and purchase, and explained the fault and they sent me a shipping label. I shipped it off.
For almost all contact, I called them after 2-3 weeks of waiting after being explicitly told they'd contact me in 24-48hrs.

call 1: I asked what was going on and was told my monitor was out of warranty and they wouldn't fix it (No, it's 3yrs and you have this information and PoP). They said they look into it and get back to me.

call 2: nothing so I call them… They tell me the problem was my fault and not covered by warranty, I requested photos to prove what they were seeing at the service centre was the same as what I had sent in… you'll hear from the service team shortly

call 3: they of course never sent them and I had to call up weeks later again, where they finally sent one through a few days after the call. And my monitor is cracked down the left hand.

After several more interactions and an escalation they tell my that it is my fault and beyond economical repair so I have to buy a new one…
I can't help but be distrusting of their assessment, but how is it that i can send in a usable monitor only to have them send back one that is unusable and tell me it is my fault.

The email I sent

The last one I've received

Do I have any rights in this situation? Or are they pulling a fast so they don't have to front the cost of repair?

Any help or guidance would be very much appreciated, this has gone on for so long and i'm over it.

Edit: I purchased via a retailer and was told to go through Acer for my repair.

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Acer

• 

  garetz on 16/09/2020 - 10:50

  +2

  They should provide a full refund, looks like they are trying to find any excuse not to refund you, report them to the accc or whatever is the equivalent these days.

• 

  DannyC on 16/09/2020 - 10:53

  +3

  A good place to look at would be to make a complaint to the ACCC (Australian Competition and consumer commision).

  As a consumer we have rights and from what you have told us you've done all the right things by providing proof of purchase and the product has been picked up. As long as you have proof of what issues you had before sending it to them then it should be ruled in your favour and they need to replace it. If not, it may be hard to prove as it is your word against theirs. It can get messy.

  I would also email ACER (politely if U can… I know it is frustrating at times) and say that you will be taking the matter up with the ACCC and I would send your proof of the issue to them as well.

  ACCC, Your rights link

  Hope U get it sorted.

  • 

    BrainSand on 16/09/2020 - 11:20

    +1

    Thank you! I just lodged a webform and await their guidance.

    It's been incredibly frustrating, but I have tried to remain kind and respectful of each person I've contacted at Acer, as dismissive and slow as they are being.

    Is there a way to bring up my interactions with the ACCC to Acer? Is it literally just a matter of saying I am bringing up the handing of my case with the ACCC? I currently have correspondence with the escalations team handling my case, so I might take that opportunity.

    • 

      DannyC on 16/09/2020 - 11:26

      I would let them know that you are disappointed that this has been an ongoing issue for weeks… MONTHs now and that you have made the decision that you will be taking this up with the ACCC. I would word it to not sound threatening but this should give them the nudge they need to resolve your issues… hopefully… fingers crossed.

      They are a major brand and unfortunately customer service has failed in this instance. Hope that the ACCC can help you out, keep us updated.

• 

  Xistn on 16/09/2020 - 11:01

  +2

  "Edit: I purchased via a retailer and was told to go through Acer for my repair." this grinds my gears about retailers.

  • 

    BrainSand on 16/09/2020 - 11:21

    Yeah, especially smaller chains.

    Though I have never had issues with JB or Officeworks when something went wrong 2 or more years in.

    • 

      Xistn on 16/09/2020 - 11:31

      Yep, The amount of times I see pc retailers deflecting customers to go direct to manufacturer is a big nono.

    • 

      nedski on 16/09/2020 - 11:39

      Hi there,

      I used to work in consumer protection so I recommend this.

      It is not up to the manufacturer to fix this, the first point of call is the retailer. Even if there is a 3 year manufacturers warranty, the retailer is on the hook first to rectify an issue.

      A complaint to the ACCC will help them identify if Acer is engaging in widespread conduct but wont do much for your circumstances. I would instead suggest lodging a complaint with your local fair trading regulator. You can also enforce your own consumer rights by lodging a claim through your local Civil and Administrative Tribunal (QCAT, VCAT, ACAT.. etc).

      Hope that helps.

• 

  Heaps for Cheaps on 16/09/2020 - 11:44

  +1

  I would file a complaint online with ACCC, after which you will get a case-ID. Then with the case ID at hand, forward it to them with what you expect as an outcome. Don't leave them guessing… From what you wrote, I would write something like this:

  Acer Tech Support.

  Thank you for your recent contacts about my laptop.

  I am not satisfied with the solution so far and have forwarded the details to the ACCC as I believe this has been a breach of the Australian Consumer Guarantees, and have this case number for your reference: XXXXXXX

  Further to this, the sequence of events are:

  Call 1: On [date] I made initial contact with your tech support department and had sent the item to your facility, after which I made contact 3 weeks later and was told that as my warranty had expired, a repair would not be provided. When I told them my warranty still had 2 years remaining and this was verified, I was told to sit tight as I would get contact within 3 days. However, no contact was made with me.

  Call 2: [Date] Having received no further contact from phone call 1, I called again only to be told the problem was my fault and not covered by warranty, I requested photos to help recognise the claim and although I was to "hear from the service team shortly", no contact was made.

  Call 3: [Date] Called again and was told my monitor is cracked down the left hand side and photos emailed a few days later. After several more interactions and an escalation was told that it is my fault and beyond economical repair so I have to buy a new one…

  I can't help but be distrusting of this assessment as all interactions such as claiming warranty is expired, or promises of contact have all been incorrect and replaced with a a new convenient story.

  As such, I am requesting the return and repair of my laptop, an exchange for the same/similar model, or a refund.

  Please let me know within 7 days how you wish to proceed.

  Regards,
  BrainSand

  Hi, it's me again… Last notes though is that at least with my experience that on receiving items repairers will note conditions that are glaringly obvious like cracked screen, cracked frame etc and even take photos, and it does seem weird that this took so long…

  Also, who is the retailer? If you already have the laptop back I would just go to them and ask for a refund as the manufacturer might be willing to only give a partial refund.

  Good luck, it can be a grind so hopefully something like above sent ASAP will get you some traction before you have to head to your local XCAT