Consumer Protection

D and D · Guru

Consumer Protection

Bruce and Bev · Guru

Harvey Norman and Navman have been breached by the ACCC several times now for lying to customers about their consumer rights and warranties. For example - and most electronic retailers are still doing it - if you have owned a gadget like a mobile phone or Ipad or GPS for more than a certain number of days (usually 7-14), then the retailer will tell you to send the goods back to the manufacturer or his Australian representative. This is illegal. Dealers ARE required by The Trade Practices Act to take the goods back and repair, replace or refund the money paid within a reasonable amount of time. If, for example, they take the item back and youre still waiting for it a month or two later, then you are entitled to a new replacement or your money back (you get to choose). If this doesn't happen, then you make your complaint to the ACC (preferably) or your State consumer protection agency (these guys don't have the same sized biting teeth as the ACCC though)

Goods must be fit for the purpose they were sold and last a reasonable length of time. The ACCC considers an HD (the sort of set you buy now) TV should last 2-3 years, not the 12 months the maker and retailer offers. It is called an implied warranty.

Don't let them stitch you up folks - the law is there to protect you as a consumer, the manufacturer and retailer allows for the proper length warranty in their pricing, but hey, if we don't jump up and down, they increase the profit on the goods they sold to you !!

reglynn · Guru

D and D wrote:
How many times have members posted here and elsewhere of problems with getting RV manufacturers to fix problems with either the actual RV or one of the component parts (eg air conditioner, stove etc). A harvey Norman franchisee tried the same tick and was found in breach of Australian Consumer law - see https://www.accc.gov.au/media-release/harvey-norman-franchisee-ordered-to-pay-penalties-of-52000-for-false-or-misleading-representations-about-consumer-rights for more info

Hi D and D,

i'am not sticking up for the caravan manufactures, all they are doing are installing the items, such as you are talking about.

When you are handed over the caravan from the dealer, i would have imagined that you were given the relevant warranty papers for the electrical and gas components that you are talking about or are in the van.

When we had the van hand over to us, we also given the warranty papers as well and what we done was to taken the offer up of some of the manufactures offers up of the extended warranty.

Yes we have had troubles with our electrical and gas components, all we done was to get contact with the relevant dealer or there repair contractor of the item and dealt with them, as the manufacture of the van only makes the van. The maker of the electrical or gas components are the responsible for the warranty not the manufacture.

With any problem with the manufacturing of the van , we have been back to the manufacture with our list of things to be fixed and there has no problems from them and it has been done with out any problems and done properly.

Cheers and hope all of GN's have a good and safe travelling year reg & lynn

-- Edited by reglynn on Friday 15th of January 2016 02:35:27 AM

brickies · Guru

When I pick up my new caravan 8 years ago we were handed the paper work and warantys and clearly told the warranty was clearly between them and us for add on thing like microware ,tv , fridge exetra . . This would be a big job for caravan dealers to deal with the warranty of all these things i would think this would now be common practice .

Brenda and Alan · Guru

The supplier that you buy from is responsible for ALL warranty repairs, there is no need under consumer law to deal individually with various parts manufacturers for faulty items included in the original purchase.

Extended warranties are just a way that sellers use to get you to pay for a warranty that is free because the warranty as implied by law is more often longer than that given by the maker.

Alan

brickies · Guru

Alan can you post that law on the forum so we can quote it Thanks

Bruce and Bev · Guru

Hi Brickies. There is a raft of consumer laws and regulations now. But the main one is the Trade Practices Act which is a long paper dealing not just with consumer warranties, but advertising etc. I doubt anyone here would know of all the URLs or sites for all of these.

But all larger retailers (maybe not the corner deli lol) is aware of the Trade Practices Act and once you start quoting that name to the Dealer (or whoever), Ive always found, without exception, that they back down from their 12 month warranty limitation and then will go down the track of "fixing it as a good will gesture".

I am getting warranty work done by the 'van manufacturer and the makers of my Ibis air con next month when our van will be 16 months old. Initially I was told, its out of its 12 mnth warranty - but a friendly conversation about the Trade Practices Act changed all that to one of "good will gesture" and "we care for our customer" (chortle lol)

Possum3 · Guru

The legislative requirement that those on here are referring is covered under Sect 55, Competition and Consumer Act 2010 Schedule 2

www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html

This law is unequivocal on consumer rights in Australian jurisdictions - The problem is that the value of the caravans and motor homes are too high (over $50,000) to be heard in a court of petty sessions - they must go before the High Court of Australia.
The cost of litigation cannot be afforded by most Seniors and Pensioners.

We have in Australia one of the best legal systems in the World - Unfortunately we do not have a Justice system.

TommyG · Senior Member

I would assume that when a caravan retailer sells you a caravan with electrical or gas components fitted they are in fact retailing those items to you. So they would be on the same footing as any other retailer. Therefore if an item fails the buck should stop with them.

Casualkev · Senior Member

That's correct Tommy, the law states that you the consumer can choose who you want to handle the issue Supplier or Manufacturer the only hitch is you must stay with your choice. Having been through this with a $3,500 TV it is essential to get the procedure right the first time and my outcome was good even though the TV was 6mths out of warranty, I simply stated the law to the call center once they started their dribble and they soon shut up and looked after all my concerns thereafter. You must speak up for you rights in life people otherwise you will be taken advantage of.

Kev

03_Troopy · Guru

Thanks for the link Possum3

brickies · Guru

My son a Barrister recently hard a $4000 Samsung Fridge break down , This fridge was still under warranty the retailer he brought the fridge told his wife you have to contact Samsung direct , Which she did it took a week for a service person to arrive to look at the fridge and was told it need to go to there workshop to be repaired after 2 week and no contact from Samsung my son took over the case did his research into what the the law was in this sort of situation , T o his surprise the law state they have 8 weeks to respond to a warranty report , He found that he was been push from person to another so ask for an email address has he wanted everything in writing , After send his first email from his work computer which has his Barrister heading he receive an email back offering a full refund for the fridge has he had told them he would never buy another Samsung product . But the sad thing they were working to australia law has it stand . So when you make claims about ACC and consumer affairs you must know the law not what you think it is .

dogbox · Guru

brickies wrote:
When I pick up my new caravan 8 years ago we were handed the paper work and warantys and clearly told the warranty was clearly between them and us for add on thing like microware ,tv , fridge exetra . . This would be a big job for caravan dealers to deal with the warranty of all these things i would think this would now be common practice .

so if you buy a new car do you run around to various suppliers to get warranty work done or do you take it back to the dealer

D and D · Guru

brickies wrote:
Alan can you post that law on the forum so we can quote it Thanks

The ACCC has a web site that explains the legal position as they understand it - http://www.accc.gov.au/consumerrights

D and D · Guru

dogbox wrote:
brickies wrote:
When I pick up my new caravan 8 years ago we were handed the paper work and warantys and clearly told the warranty was clearly between them and us for add on thing like microware ,tv , fridge exetra . . This would be a big job for caravan dealers to deal with the warranty of all these things i would think this would now be common practice .
so if you buy a new car do you run around to various suppliers to get warranty work done or do you take it back to the dealer

Exactly dogbox, its a ridiculous argument that the consumer should have to deal with the various manufacturers of the stuff that goes into a modern caravan. The contract we enter into is with the caravan manufacturer not the manufacturer of the various components - their contract is with the caravan manufacturer not with the consumer. But as Possum 3 points out, you'll need deep pockets to take a case through the courts and those legal costs may exceed the cost of fixing the problem in the first place.

Dave