Australian Consumer Law Interpretation

I have been trying to chase up a major sports retailer for an exercise bike purchase that happened about 1/2 a year out of the manufacturer warranty period (which is 1 year). The bike is now faulty (pedals not working). First they sent me to call the technicians (because that is how a repair would be done), and then I was informed that because the bike is out of warranty they would charge a callout fee and of course for any repairs that the bike requires. So I went back and called the store again, and after a few back and forths, there was talk about them emailing manufacturers and seeing what they could do and what not. However after chasing them up for a while and to and fro-ing between another manager and what not, I eventually spoke to the store manager who told me that I was not entitled to anything in this case, even though consumer warranty says:

"Products must be of acceptable quality, that is:

safe, lasting, with no faults
look acceptable
do all the things someone would normally expect them to do.
Acceptable quality takes into account what would normally be expected for the type of product and cost."

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

I thought this meant that under normal use, in the average lifetime of the product, the product would have to last and if not, it would be covered under consumer law.

I tried to tell the manager this (that it had been under normal use, and as a result it should still be covered), and they told me they'd just done a course on consumer law and this wasn't covered. That's what the manufacturer warranty covers. They agreed to a compromise which was to pay for the technician callout fee, but not for the repairs.

My family use the bike and they are happy with this compromise after a month or so of chasing up, but I am not. I will accept the compromise on their behalf, but I want to know if I am correct in my interpretation of consumer law, or is this manager correct? and what options (next time) should I try? A complaint to the ACCC? Is that another long drawn out painful process though?

Comments

  • +1

    Yada, there are many Whirlpool threads on this and I recommend you look at them. I have no legal qualifications, but I think the compromise you achieved is a good one, given that the labour is the highest costing component of the problem.

    Consumer rights is all about "what would a normal person expect from an exercise bike", regardless of the warranty. As a competitive cyclist I know that moving parts wear and we replace pedals routinely. I don't know if sweat, heat or humidity is a factor but I suspect you would have difficulty with this one. However, had the frame cracked or some other major part broken or failed, I myself would have gone through the standard processes or written letter outlining my concerns to the place I bought it from, then to Consumer Affairs and either use them or go to the Small Claims Court.

    • I will check on Whirlpool - thanks for the tip. I did try and read the posts on this forum, to confirm/correct what I originally thought it meant.

      The problem isn't the pedals, I think it's the the chain or something. You have brought up some interesting points. I just thought that it was the bike as a whole, and I would've thought it wouldn't have needed servicing until at least 3-4 years later, but I don't really use these things!

      • White Start is right. It's all about what is reasonable in the circumtances. Just because a manufacturer provides a 1 year warranty is kind of irrelevant. It's about how long you'd expect such a device to last. For example if you bought a $10 toaster you wouldn't expect it to last anywhere near as long as a $100 toaster.

        I'd write to them outlining your rights and demanding it be fixed. Failing that you can seek Fair Trading to get involved or take them to a consumer tribunal (which will cost about $50).

  • +1

    I'd take the offer now, rather than wait around for 6 months with no guarantee you will get anything more. From what WhiteStarLine said, maybe you could take the offer, then go to small claims and try to get the repair cost back? They'd probably just pay you to make it go away and you've got a working bike in the meantime.

    • Yeah it's been a month of chasing it up and it's already quite painful! I am definitely taking this though. The small claims court sounds even more annoying! I think if it is a cheap repair, we will just weather the cost. If it's hugely expensive, it's probably worth pursuing. Fingers crossed.

  • I have been trying to chase up a major sports retailer for an exercise bike purchase that happened about 1/2 a year out of the manufacturer warranty period (which is 1 year).

    i'm guessing that you unfortunately didn't pay with a credit card that automatically gives extended warranty?

    I thought this meant that under normal use, in the average lifetime of the product, the product would have to last and if not, it would be covered under consumer law.

    last how long? not necessarily average lifetime, but at least minimum

    https://www.ozbargain.com.au/node/120061 might help :)

    • Nah unfortunately not, my mum paid in cash and I don't think any of my credit cards give extended warranty. That's something worth considering though for the future, since I don't feel like repeating this experience again with something even more expensive!

      Yeah I would've thought a minimum lifetime for an exercise bike would've been at least a few years. We've only had it for a year and a half!

      Thanks for the link - I have review that and most of the ozb links but the law seems open to quite a bit of interpretation!

  • How much did they pay for it? This will influence the outcome you should be able to expect.

    • It was 699 but 100 off, so they paid 599.

      • Certainly not an elcheapo one then.

  • do you mind telling us which retailer and what brand so i don't end up buying the same?

  • He only thing they have as a reason to not grant you a free fix is the fact that you paid $599 instead of $699 because under s54 of the ACL which states that goods need to be of acceptable quality it also says if the price of the goods is 'very low' then you can not sue under s54 as one assumes the quality is not as good. But I'm not sure how that works on sales. Technically they should fix it but it may be a pain in the ass to get it done.

    I walked into apple once with full knowledge of the ACL and a MacBook Pro that was about 7 months out of warranty and it had a fried motherboard. I played dumb as he explained what was wrong and gave me an estimate bill of over $1000 and at that point I basically just told him I didn't have to pay that and that they have to fix it because the goods must last a 'reasonable' amount of time and be of merchantable quality and he kinda went uh uh uh and printed off another quote that basically told me how much the cost of the repair was… Minus everything because he knew they had to fix it for free. It was great.

  • After watching the ABC 'Checkout' program on consumers rights. I helped my elderly neighbours get a new vacuum cleaner a year out of guarantee on the grounds of it being unreasonable that they say the oldies have to pay $70 for repair.

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