Re: Silvia eye cast over Sunbeam
...you opened a Pandoras Box Robusto!
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Re: Silvia eye cast over Sunbeam
Boy. What a legal minefield.
Didnt know a quick glance at a Sunbeam was so fraught with legalities. ;D
--Robusto
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Guest repliedRe: Silvia eye cast over Sunbeam
Thanks scoota...
I owe you one.
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Re: Silvia eye cast over Sunbeam
Allow me...Originally posted by chris002200 link=1169890476/15#21 date=1170121992Sorry about my prev post there... A quick slip of a button and wham... No taking that back.
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Re: Silvia eye cast over Sunbeam
there are a plethora of cases on misleading and deceptive conduct...it conotes both an objective and subjective test...how far do we want this thread to go (I would love to start giving law lectures pro bono but I have already clocked up my CLE points this year!!).
Cheers
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Guest repliedRe: Silvia eye cast over Sunbeam
Sorry about my prev post there... A quick slip of a button and wham... No taking that back.
I must say that I have had nothing but help from Sunbeam themselves. They are aware of issues with there coffee machine items and they were helpful in getting it picked up, repaired & delivered.
Pitty about the service time though, but they only have an external repair centre here in Perth.
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Re: Silvia eye cast over Sunbeam
Your telling me!Originally posted by ozscott link=1169890476/15#15 date=1170070153Its a minefield out there!!!
oh oh is that a s 52 TPA ozscott?Originally posted by Thundergod link=1169890476/15#16 date=1170078242Another incident was when my daughter had trouble returning a bedspread that had been falsly represented at Hardley Normal.
The picture on the packet was deceiving but the sales person assured her it did look like the picture.
Well when she got it home it didnt.
Then the bastard salesman refused to take it back.
(I think one of my lecturers referred to it as the most litigated section of legislation)
Gotta love doing that.Originally posted by ozscott link=1169890476/15#15 date=1170070153So when we went back to get the refund, my daughter and I made sure that smarty pants saw us return the item and leave with the refund.
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Re: Silvia eye cast over Sunbeam
T-God, whilst its true that you usually get results with the retailer you cant forget the manufactuer, particuarly when the manufacturer is a big and (relatively) honourably entity. I have had very happy outcomes contacting big entities directly (without dropping that I am a litigation lawyer) - and I am happy to sing their praises by naming them - Sunbeam, IBM, LG, and Land Rover (very high praise to the later for doing work out of warranty period for no charge at all).
Cheers
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Re: Silvia eye cast over Sunbeam
Yeah...go the blues...If any more people flock out of there to here you wont have any retailers to get upset with!!
Cheers
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Re: Silvia eye cast over Sunbeam
Thanks marky.
Being in NSW I know Im in a better position than a QLDer.
You do usually get results attacking the retailer.
Eventually.
I had a problem with a DOA DVD recorder from Deals Direct.
Had to get Consumer Affairs involved.
The manufacturer actually offered to replace it from day 1 but theres the principle of the thing and by then Id decided I wanted my money back.
Because besides the physical damage there appeared to be tuning problems.
DD sold me a damaged unit and tried to fob me off to the manufacturer which is not right in NSW.
Anyway, they stuck to their refusal after Consumer Affairs had a go at thym and I was about to take the manufacturer up on their offer when DD suddenly changed their mind.
I got my money back within a few weeks after going through some conoluted process of theirs where they issue me a credit after which I can request a cheque to clear my credit account. :
Another incident was when my daughter had trouble returning a bedspread that had been falsly represented at Hardley Normal.
The picture on the packet was deceiving but the sales person assured her it did look like the picture.
Well when she got it home it didnt.
Then the bastard salesman refused to take it back.
I taught my daughter karate from the age of three.
Shes a black belt and stands up for herself so when daddy has to get involved, look out!
Well the arrogant so and so (I know arrogant and he was in my league) refused to back down even after all my legal threats etc.
Seems the franchisee and department manager were on leave so he wasnt answerable to any one at the time.
A few days later when there was someone with real authority to talk to I had another go and included a complaint about the smart @rse sales dude.
So when we went back to get the refund, my daughter and I made sure that smarty pants saw us return the item and leave with the refund.
Dont lose often.
Hurts when I do though.
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Re: Silvia eye cast over Sunbeam
...thats true Marky - I have been helping my secretary who is in her 2 year of law with her assignments and she gets bonus marks for each extra defendant she can rope in...in practice it used to be the case that you join the phone directory when in doubt, but more and more that can lead to fights between defendants and insurers and can prolong things. Having said that when in doubt as a general rule, join all those against whom you are likely to have an action, and drop some off later if you have to - but bear in mind the possible adverse cost consequences of doing so.
Further, under the TPA, the power for that legislation derives from, amongst other things, the corporations power under the Fed Constitution - a lot of people think that it applies to all retailers, but it does not apply to good purchased in the shop (as opposed to purchased by post, from memory, where the TPA can again apply because of the postal powers under the Constitituion) from a retailer who is a business (eg partnership) carried on by individuals, as opposed to a corporation. Its a minefield out there!!!
Cheers
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Re: Silvia eye cast over Sunbeam
Hi TG,
I would argue that it is probably easier to go after the retailer than the manufacturer, because as you said, the retailer can sort it out with the manufacturer more easily than the consumer can. However the retailer is probably not aware of their obligations under the various statutes (Manufacturers are probably more aware of the statutes as many would have their own legal depts). Plus it is probably more difficult to get a refund from the manufacturer since you didnt buy the good from them. Plus, the contract is with the vendor as you point out.
Under the NSW Sale of Goods Act, from memory, your only recourse is against the retailer and not the manufacturer. However, you can go after the manufacturer (and importer as ozscott stated above) under the federal legislation – the Trade Practices Act.
The same implied warrantied (as to merchantable quality, fitness for purpose etc...) that are implied by the various State and Territory legislation are also implied by the TPA upon manufacturers (sections 70-77 I think again from memory).
So in short you can go after the manufacturer and/or the retailer/importer. One of the first things you learn at law school is that you try and go after everyone possible.
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Re: Silvia eye cast over Sunbeam
T-God - there are varying legal obligations on the buyer and the manufactuer - for example the sale of goods act in Qld allows for implied warranties in the contract of sale; the contract of sale is almost always with the retailer. It depends on the circumstances - to further the business of my profession can I suggest that you complain like mad and then go to consumer affairs and then see a solicitor, who if all goes well will refer it off to a Barrister, who may also be Barista!!!
Oz
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Re: Silvia eye cast over Sunbeam
My understanding is that your contract as the purchaser is with the vendor, therefore it is up to them to replace the goods for you.
As the vedor is also the purchaser from the manufacturer, they have an equal right to claim up the line.
Therefore never fall for the "Ill have to send it back to the manufacturer before you can get a replacement" line.
marky - is this right?
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Re: Silvia eye cast over Sunbeam
Agree Mark. Statutory warranties override whatever disclaimers manufacturers make. But often, big retailers anxious to protect their image, are more generous, going above and beyond the manufacturers or their own statutory obligation to exchange goods they are not legally obliged to. Target openly advertises this fact -- if you dont like it, for watever reason, bring it back.
Even the period of the warranty is open to question -- if your expensive machine breaks down slightly beyond the warranty period, there may be recourse because the expectation is that such an expensive machine should last way longer than the 3 months/12 months or whatever time stated by the warranty.
--Robusto
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