Potential Deliberate Delay On (Express) Warranty Claim

burningrage on 06/02/2016 - 22:27

Hi all,

I need your advice on a situation I am currently in.

In August 2012, I purchased the FritzBox 7390 (great product) from a company whom I won't name as yet in Rowville (VIC).

In late December 2015, this product suddenly stopped turning on and on January 6 2016, I submitted an RA (Return Authority) Request on site and given the RA immediately.

On January 20th, I called in to ask for progress and the company said it has determined the product indeed failed to turn on and in the process of obtaining an RMA (Return to Manufacturer Authority) number from the vendor. In other words, those 2 weeks, the product was still with the company NOT even dispatched to the vendor.

Today marks exactly 1 month since I returned the product and I have no further correspondence since January 20th 2016.

The Consumer Affairs guidelines said I am within my rights to write a letter of complaint (or demand as you guys may call it), stipulating what I want which by now, I would probably want a refund as I have lost confidence with the company. My reasoning is a 4 weeks warranty claim is totally unreasonable.

The first question is, am I right to say 4 weeks warranty claim (and no correspondence of progress being made from them) is unreasonable?

The company website says that ACCC has given guidelines saying that the company can assume fair wear and tear and will only refund/replace the BALANCE of the warranty. That is, my Fritzbox 7390 would only worth about $100 because it has gone 60% of its 5 year (Expressed) Warranty.

I searched ACCC and found no such guidelines nor was there in the Consumer Affairs. So I am saying the company lied.

The second question is, am I right to say the company lied (or BS) or it is correct ACCC says company will be allowed to refund the BALANCE of the warranty?

I am seeking feedback from the Ozbargain communities and thank you in advance for even reading this and even more thanking you for any constructive feedback.

Thank you

Zz

TLDR: My Fritzbox was toast 60% of its 5 year warranty. I returned it and didn't hear anything after 1 month. I want to seek refund. Can I get FULL refund or PARTIAL refund because of alleged wear and tear guidelines from ACCC (I am even questioning whether such guidelines exist). I thank you for any constructive feedback in advance.

Financial

Comments

  • Settero on 06/02/2016 - 22:47

    they do exist sorta… but not how they have been described to you, and i believe they only apply if you approached the manufacturer.

    "The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer. You can approach the manufacturer or importer directly, however, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer."

    • burningrage on 06/02/2016 - 23:28

      Thank you for the feedback.

  • [Deactivated] on 08/02/2016 - 11:34

    I believe the Aus importer for fritz devices was PC Range who went bust recently, which may explain why they can't get the thing fixed/replaced

    • burningrage on 08/02/2016 - 12:22

      Thanks. Didn't know it but if that's the case, the seller should have told me about it.

      I could have done something else.

  • Olokun on 08/02/2016 - 12:10
    +1

    4 weeks is entirely a normal in the computer parts sector, so nothing unusual there. Also making a claim after the suppliers are coming back from the Christmas shutdown means that there is also a back log of claims to go through.

    For a 3 year old item I would suggest that 6-8 weeks would be the 'unreasonable time' that you speak of.

    You could always make a VCAT application to get a refund and find out what unreasonable time frames are when your case is set for 3 - 6 months from the time of application.

    • burningrage on 08/02/2016 - 12:23

      Noted. Thanks. I don't know the industry that well so hence why I am asking if the timeline is a bit unreasonable.

      I am more inclined to wait a bit longer now with your advice.

  • burningrage on 09/02/2016 - 15:11

    I have received a comeback saying that the reason for the delay is because 7390 is no longer in stock in Australia.

    This is the interesting thing. He said the most likely outcome is I will be given an upgraded version (LOL, does that mean 7490) and he will now chase it up and come back to me in 2 weeks. If not, to call back.

    Much happier now.

    Thanks for the insights guys…. :-)

    Cheers

    Zz

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