Lemon washing machine broke down a week after warranty, the lemon company does not think they're responsible

zine21 on 30/10/2017 - 20:05

The Machine costed almost 2k so not a cheap item by a long shot. It came with 1 year warranty and well it decided to die literally a week after it expired. We went back to the company thinking they will be reasonable and repair it. The manager said since its expired we'd have to pay a certain amount but given it was expired by such a short time it would be reasonable.

The technician dragged his feet with contacting us and determining what was needed (took them a month) and in the end they wanted $400 to repair it. When I talked with the technician - he basically just gave me the amount - didnt mention anything about a reduction in cost etc. So I call the company back and this is when they inform me that I'm expected to pay the full fee of their technician. The "favor" theyre doing me is providing their technician to fix the problem cause they think other technicians cost more.

The manager was rude when I mentioned ACC and having rights. He doesnt think hes responsible for the item as the warranty has expired and he was daring me to report him ?.

Now having talked with consumer affairs, technically they think by law the company is still responsible as its reasonable time frame and previously when I had a similar problem in Sydney I made a complaint through Fair trading - they got involved and the problem was resolved. However this time I'm in Victoria and the only way to make a complaint is to go through VCAT from what I can see (please correct me if theres other ways?)

Now for one VCAT costs a bunch to even make a claim. Second its a court based thing which seems weird. Third they want a lot of details for the company (which they want you to purchase through ASIC). And having looked online I can't find much on this company at all other than basic stuff.

Given how horrible and rude this company was to me, I definitely will report them one way or another regardless of what its going to cost or how long its going to take however I'm wondering if theres any other way to approach this ?

Also the company seems to be confidant that they dont need to help. Does victoria have different laws regarding warranty and products ? Once the warranty is expired is that all there is to it ? nothing to protect you other than to go through long and complicated court system ?

Electrical & Electronics

Comments

  • teacherer on 30/10/2017 - 20:13
    +1

    Consumer guarantees say it must last for a reasonable time (I swear the terminology was 'reasonable' but I can't find it.
    Follow it up

    Products must be of acceptable quality, that is:

    safe, lasting, with no faults

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

    I'd lodge a complaint and go from there

    • BertieBrown on 30/10/2017 - 20:18

      The ACCC won't handle individual complaints, I'm not sure if that's what you meant, apologies if not, but they will definitely take a record of each complaint and slowly build up and AFAIK take further action if they receive enough complaints about a company.

  • BertieBrown on 30/10/2017 - 20:17

    How long was the warranty? Did the washing machine ever need to be repaired for the same problem? I'm guessing that you perhaps don't want to say but who is the company that you're dealing with?

    You have rights under law, even if the manufacturer's warranty has expired you may still be entitled to a remedy but this can depend on the length of time involved.

    • zine21 on 30/10/2017 - 20:22

      1 year warranty. No never used the warranty and it didnt have the issue before. From the error msg some internal part has died.

      I have rights under law but it seems theres no one to implement those rights unless I go through some expensive court system (through small claims). Application alone through civil claims cost over 400. In sydney it was a lot easier to make a complaint/report a company. Where as in Victoria I don't see much options

      • BertieBrown on 30/10/2017 - 20:28

        1 year warranty and they're claiming that they don't have to fix it? lol! Wow. Yeah, you'd definitely be entitled to a repair.

        That's more or less how the system works in AUS. Nobody except a magistrate can essentially enforce your rights, the job of the consumer affairs offices is to provide consumers and businesses information about their obligations. Which is to say, they'd be saying, under the Act the business you're dealing with has an obligation to fix the problem but they can't force that business to comply.

        When you say that you went back to the company, do you mean the manufacturer or the company you bought it from? The seller should be sorting this out for you, but the manufacturer also has obligations too.

        Edit- content error/spelling

        • zine21 on 30/10/2017 - 20:31

          I only dealt with the company I bought it from as the warranty is through them. But yeah the manager said hes not responsible for anything even if its 1 day after a warranty expires. He also didnt seem to care about ACC or anything which kind of made me think hes being rude cause he knows people probably dont follow through small claims

        • BertieBrown on 30/10/2017 - 20:37
          +1

          @zine21:

          Another option is to chase this up with the manufacturer directly, rather than dealing with the retailer. Do you think that's worth a shot?

          But, yeah IMO you'd 100% be entitled to a free repair. The retailer has obligations that they're not entitled to wash their hands of. It's pretty incredible that a service manager would suggest that they're not able to help you a day out of a 1 year warranty.

          The next step would be to write a letter to the retailer explaining that you're aware that you've got rights under ACL to a remedy and that you are now informing them that you want them to repair the unit for free. If it's in writing and you eventually go to small claims it makes it easier to show that you've tried to follow up.

  • try2bhelpful on 30/10/2017 - 20:28
    +2

    If I'm reading this properly these are the VCAT fees

    https://www.vcat.vic.gov.au/resources/goods-and-services-fee…

    I think you should ring VCAT and find out which fees apply to your case

    • zine21 on 30/10/2017 - 20:33

      Thank you!. I actually started an application and it quoted $467, looking at this looks like I didn't click the right thing. Arhh will try again.

      • chumlee on 30/10/2017 - 20:39

        $467?? Definitely looking at the wrong thing

    • kipps on 30/10/2017 - 21:42
      +1

      Don’t go to VCAT until after you deal with consumer affairs.

  • v2 on 30/10/2017 - 20:36
    +12

    You need to go through consumer affairs victoria and it doesnt cost anything. I believe you'd need to show some evidence of communication that you have tried contacting them and they have refused.
    Good luck.

    BTW it's would be good for the rest of us know who are dealing with so that we can avoid the pain in future

    • capslock janitor on 08/11/2019 - 13:35

      I agree what's the lemon co? Name em for the sake of OZB moral cheapskates like me

  • PJC on 30/10/2017 - 21:13
    +5

    Name and shame!

  • Banana on 30/10/2017 - 21:36
    +4

    Social media usually works!

    • [Deactivated] on 31/10/2017 - 00:04
      +2

      True. One of the only redeeming qualities of social media in my eyes is the fact that companies usually respond very quickly when you kick up a fuss publicly. They don't want other consumers to see them being unreliable or difficult.

      Read this, OP, it should give you a better idea of where you stand.

      Insist on them doing the right thing. Make it clear you do not think that a device worth 2K should only last one year. Just do it all calmly and politely. Scream bloody abuse at them and you just make life difficult for yourself.

      Good luck.

      • Quantumcat on 31/10/2017 - 10:31

        +1 to the calmly and politely. If you are abusive it would make it look like the company is in the right by refusing you what you're asking for. If you are polite and reasonable then it's the company that looks bad. Not to mention it will keep them onside and wanting to help.

  • tio on 30/10/2017 - 22:07

    an alternative you may want to pursue is to go through the retailer, (unless you bough directly from the manufacturer). The only down side of that is the extra time it takes to go through the middle man.

  • garetz on 30/10/2017 - 22:43

    If i saw a 2k item only offering a 1 year warranty, that would ring alarm bells, and i wouldnt have bought it. A 2k item should really need to have at least 3 years warranty to be a reasonable purchase. a 1 year warranty means the manufacturer does not stand behind the quality of their item.

    Make a complaint to fairtrading.

  • Amour on 30/10/2017 - 23:58
    +2

    Did you pay with credit card? Some cards give additional warranty (ours was an extra 1yr).

  • Almost Banned on 31/10/2017 - 00:33
    +2

    I say this every time…
    While you are absolutely right that the item clearly has not proven to be of appropriate quality and you have rights under the ACL the reality is that it is not cheap or easy to enforce those rights.
    And most stores know this - they know most people won't go to Court over anything worth less than $10,000. No-one wants to pay the fees and deal with the hassle.
    So they thumb their noses at consumer rights.
    All the burden falls on the poor consumer who is in the weakest position to enforce their rights.
    And that is why people say that the law is an ass.

    • Peanut money on 31/10/2017 - 09:03

      Fair trading can't enforce anything but Iv found bigger companies oblige
      Lodging the tribunal papers in my experience is when companies generally negotiate. I get them to pay me back those fees as well.
      Iv also found speaking to a companies legal team works too

  • [Deactivated] on 31/10/2017 - 00:40
    +1

    The Machine costed almost 2k

    You could have purchased 4 x $500 machines for this. You would still have 2 spare machines if you followed my advice.

  • Wystri Warrick on 31/10/2017 - 02:00

    Wow that's wrong, really sorry for you op.

    It was Hardly Normal right? Sounds like them, there's nothing wrong in telling us the business name.

  • altomic on 31/10/2017 - 03:42
    +1

    it's a bosch, isn't it.

    • Wystri Warrick on 31/10/2017 - 10:16

      I thought Bosch was a very good quality German brand and comes with several years of warranty?

      • altomic on 31/10/2017 - 11:02

        usually yes. but certain models have their failings.

        • djones145 on 31/10/2017 - 11:10

          damn i got a meile, was 1500 but has been great, 5 years and no issues, my mother in law has a meile for 20 years and it won't die lol, they want a new one but don't wanna get rid of old one until it dies lolz

    • ssx on 31/10/2017 - 15:11

      That was my first guess, going by experience.

    • tio on 01/11/2017 - 10:50

      bosch appliances usually have 2 years warranty

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