Hi everyone. First time I've posted on here but like many of you I check numerous times throughout the day.
I need your help.
Many times I've read "warranty not transferrable" throughout my life but I'm a little stuck on this one.
I purchased a one week old Garmin fitness watch on Gumtree from someone who found it too large for their wrist. I have the original receipt and the original owner has also signed the watch over to me and removed the device from their Garmin account.
Before I completed the sale I read Garmin's warranty terms and conditions (https://www.garmin.com/au/support/warranty) and they did not mention anything about the warranty being transferrable or not. So I called and asked their support staff who advised me that as I'd be the second person the device is registered to, I would not be covered under their manufactures warranty.
They directed me to the line "bought as a one-off from a private seller, for example at a garage sale or fete" found at: https://www.accc.gov.au/consumers/consumer-rights-guarantees…. Which talks about consumer guarantees which I always thought was completely different to a manufacturers warranty.
I then called both the ACCC and my state Consumer Protection office who both said that all warranties are explained in the manufacturers warranty T&C's and that if anything along the lines of "warranty is not transferrable" is visible then obviously I would not be covered. They also said that if Garmin do not honour the warranty then this could be considered as misleading/deceptive T&C's and that I would be able to file for an investigation. They told me to communicate with Garmin over email from now on.
I emailed Garmin and received a response from their service manager of:
"As you have advised the purchase would be made by means of a consumer to consumer sale and not through a business by means of trade or commerce. Under these circumstances our warranty would not be transferrable unless subject to a product safety recall and not be covered under the terms and conditions of the Australian Consumer Law. If for any reason you feel this position contradicts advice provided by either the ACCC or a State consumer protection agency, we are happy to review their written correspondence prior to making any further determination."
So I'm being told some conflicting information from different departments and I was wondering if anyone has experience with this kind of thing. I'm pretty sure most people would "assume" such a new device was still covered under a standard manufacturers warranty unless otherwise stated in the companies terms.
Do I have a legal right to a manufacturers warranty?
Are Garmin just trying to get everyone to buy brand new devices?
Should I continue with Consumer Protection?
There is nothing wrong with the watch but it was expensive and this is purely for my own and everyone else's piece of mind. If it's not covered IMO they really need to say this in their terms.
Many thanks to anyone who read this far.
Regards,
Jim
UPDATE: The watch has been refunded to the original place of purchase. I then purchased the unit at a reduced cost so I'm actually in credit with a free watch. Consumer rights have been restored. Thanks everyone for the tips.
You seem to have answered your own question by talking to the ACCC, reading the T&Cs etc.
Your purchase is from a private person, 2nd hand ACCC rules apply (aka buyer beware) if the OEM is saying its not transferable. You didn't buy from the OEM or store acting on behalf of the OEM.
Then why did you buy one 2nd hand if you are worried and it was expensive?
I myself am wondering, why didn't the original buyer return the item as not fit for purpose and get the correct size, rather than sell it at a large loss?
I'm assuming you 'saved' a large amount by buying 2nd hand, if you did't first mistake of buying 2nd hand, so really its a gamble if the product lasts longer than the warranty period and that's part of buying 2nd hand game.