Treadmill and ACCC claim help

Monty1089 on 12/09/2025 - 15:12
Last edited 12/09/2025 - 15:40 by 1 other user

Hey guys, I need some help.

My dad bought a treadmill last year in December from Johnson Fitness. It is this one.

Earlier this year around March the motor failed. He contacted them and got a replacement motor. The repairman told him how to maintain it by using WD-40 silicone once a month and stepping on the treadmill after 30 seconds.

Fast forward to end of August the motor again failed even with the maintenance. He only uses it for incline walking. It started making a smoking smell as well. But now he wants a refund. I had a look online and i think this would be classified as a major fault under ACCC.

However, Johnson Fitness are digging their heels in and don't want to refund him. They just want to keep repairing it. But i told my dad you are entitled to a refund, repair or replacement under ACCC.

So where do we go from here if they don't want to listen to consumer law? We live in NSW so does anyone have any ideas what do we do from here?

Thanks for any help.

Sports & Outdoors Treadmill

Related Stores

Johnson Fitness & Wellness
Johnson Fitness & Wellness

Comments

  • Far Cough on 12/09/2025 - 15:35
    -8

    tell your dad to go outside and walk

    • JimB on 12/09/2025 - 15:42
      +4

      uphill, both ways.

      Harsh! lol

    • LFO on 13/09/2025 - 10:28

      go outside and walk

      I used to reason that way too … up until I reasoned that outside could also meant rain, wind, heat, noise, risks, nosy walkers, distractions, etc

      If needing/wanting strict routine exercise the one at home could be very valuable.

      • Far Cough on 13/09/2025 - 10:41

        If needing/wanting strict routine exercise the one at home could be very valuable.

        get a dog

        • Shoocat on 14/09/2025 - 07:25

          It might bite you if you step on it…

        • LFO on 14/09/2025 - 19:35

          So on top of "rain, wind, heat, noise, risks, nosy walkers, distractions, etc" you want to add scooping (or perhaps stepping on) dog poo now and then.
          Charming …. not!

  • 30year old Camry on 12/09/2025 - 15:50
    +5

    I'm not sure what further steps to take as your treadmill isn't working.
    /s

  • spackbace on 12/09/2025 - 15:52

    Careful, they might tell him to take a hike

  • MS Paint on 12/09/2025 - 15:52
    +1

    Link is dodgy AF

  • happydude on 12/09/2025 - 16:08
    +1

    However, Johnson Fitness are digging their heels in and don't want to refund him. They just want to keep repairing it.

    Attempting a second repair reasonable to be honest.

    • Monty1089 on 12/09/2025 - 19:33

      My dad will consider this option but he would prefer a refund. The only issue would be the motor has 5 years warranty but labour warranty is option 1 year so after the first year labour fees would apply. The treadmill would have been repaired twice within 9 months so not looking good for the future.

  • jv on 12/09/2025 - 16:09

    Cheaper here…

    No deal…

    • Monty1089 on 12/09/2025 - 19:34

      lol ripoff. He paid just over $1100 for it back in December last year. They are rorting customers now.

  • Hellfire on 12/09/2025 - 16:26
    +5

    Make a complaint to NSW Fair Trading

    https://www.nsw.gov.au/legal-and-justice/consumer-rights-and…

    • Monty1089 on 12/09/2025 - 19:35

      Thanks i will let him know. What is the difference between making a complaint with the ACCC and with the department of fair trading?

      • freefall101 on 12/09/2025 - 20:22
        +2

        The ACCC don't do anything to resolve individual complaints, they just give you information (like telling you to go to Fair Trading). They'll also take large scale legal action to the courts.

        Fair Trading will take action on individual complaints.

        • Monty1089 on 12/09/2025 - 21:00

          ok thanks. I will show this to my dad and explain what steps he needs to take.

  • frondono on 12/09/2025 - 16:34

    your dad has a right to repair, replace or refund. I used the perplexity pro deal on here to write a good letter, I got my issue replaced the same day. Next step is taking it to your state consumer body and the ACCC

    https://www.accc.gov.au/system/files/Warranties%20and%20refu…

    copy all the text into perplexity

    • Monty1089 on 12/09/2025 - 19:36

      Good that a letter worked for you. My dad even spoke to the manager of Johnson fitness but she doesn't consider the motor failing a major fault. A complete disregard of consumer rights.

      • frondono on 12/09/2025 - 19:45
        +2

        keep records and escalate it to nsw fair trading. copy the accc guide into it and get it to write you a letter.

        https://www.ozbargain.com.au/node/922666

        https://www.accc.gov.au/system/files/Warranties%20and%20refu…

        • Monty1089 on 12/09/2025 - 21:01

          Thanks for that. I will show my dad this and help him write the letter. He has been dealing with them for two weeks and nothing has happened within that time.

      • apsilon on 12/09/2025 - 21:23
        +1

        It's definitely a major fault. ACCC states a major fault can be any issue where had you known in advance you wouldn't have made the purchase. If he'd know it'd break down multiple times would he have purchased it? If the answer is no then it's considered a major fault.

        • happydude on 12/09/2025 - 22:03

          Why would anyone buy anything that has a fault? That would make all faults major.

          The test is not what dad would do, it's what a reasonable consumer would do. Would a reasonable consumer accept a secord repair? Yeah, probably.

          • tenpercent on 12/09/2025 - 23:05

            @happydude: I reckon 50% of reasonable consumers wouldn't accept it. And the other half would only accept it because they don't have any foresight or basic understanding of maths like OP's dad.

            • happydude on 13/09/2025 - 11:44

              @tenpercent: There is only 1 reasonable consumer. They are a fiction.

              Why do you buy products that comes with a warranty if not to have an issue repaired?

              Consider Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd

              The reasonable consumer will purchase an RV accepting that there is a reasonable prospect that some components of the RV may have to be adjusted, repaired, or replaced within a manufacturer’s warranty period. Putatively, if a reasonable consumer was fully acquainted with the nature and extent of a failure to comply with a statutory guarantee at the time of purchase, the reasonable consumer might nonetheless proceed with the purchase on the basis that the supplier, or the manufacturer, will remedy the failure within a reasonable time. On the other hand, it does not follow that merely because a failure to comply with a statutory guarantee is capable of being remedied, that a reasonable consumer fully acquainted with the nature and extent of the failure would acquire the goods. Whether that is so will depend upon the circumstances of each case.

              I'm not saying it is definitely not a major failure, but I think it is more reasonable for the retailer to provide a second repair. If there was to be a subsequent failure the case would need to be revaluated on its merits. You can't do that ahead of time based on some sort of "maths".

          • apsilon on 13/09/2025 - 06:18
            +2

            @happydude: That's exactly correct. Why would anyone buy something that has regular faults hence it's a major fault. A one off, sure repair or replace but twice in 9 months and over 4 years of warranty to go you can't tell me anyone would purchase a unit that was going to break down every 4 months.

            • happydude on 13/09/2025 - 11:47
              -1

              @apsilon: The law disagrees.

              Consider Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd

              The reasonable consumer will purchase an RV accepting that there is a reasonable prospect that some components of the RV may have to be adjusted, repaired, or replaced within a manufacturer’s warranty period. Putatively, if a reasonable consumer was fully acquainted with the nature and extent of a failure to comply with a statutory guarantee at the time of purchase, the reasonable consumer might nonetheless proceed with the purchase on the basis that the supplier, or the manufacturer, will remedy the failure within a reasonable time. On the other hand, it does not follow that merely because a failure to comply with a statutory guarantee is capable of being remedied, that a reasonable consumer fully acquainted with the nature and extent of the failure would acquire the goods. Whether that is so will depend upon the circumstances of each case.

              Two repairs in 9 months could very well be reasonable. It could be as simple as a bad motor batch. It is not as binary as you are suggesting.

              • Monty1089 on 13/09/2025 - 13:09
                +2

                @happydude: Two repairs seems excessive in 9 months though. Also the 1 year labour warranty will end in December so any issues after that my dad would have to pay the labour fees for the technician. It's ultimately up to my dad if he wants to pursue the refund since it will be an uphill battle to get one.

                • frondono on 13/09/2025 - 13:40

                  @Monty1089: https://www.abc.net.au/news/2024-09-22/warranty-australian-c…

                  it's still covered by consumer law after the warranty expires

                • happydude on 13/09/2025 - 16:33

                  @Monty1089: What might happen in the future is moot. It is not a consideration as to whether there is currently a major or minor failure.

                  If there was a third failure it would certainly be closer to having a major failure and then you may be able to exercise your rights to reject the goods. The express warranty is in addition to the consumer guarantees (or as you have called them 'ACCC Claim'). The express warranty does not stop you insisting on a free repair, replacement or refund down the track under the ACL.

              • apsilon on 14/09/2025 - 08:01
                -1

                @happydude: My experience suggests it is. Two complete failures in 9 months any reasonable person would consider excessive. I've obtained refunds several times on single time failures of products. If you do won't to enforce your rights that's fine but don't tell other people they can't.

                • happydude on 14/09/2025 - 10:17
                  -1

                  @apsilon: You're assuming there is a right. It's not that clear.

                  • apsilon on 14/09/2025 - 10:30
                    -1

                    @happydude: It's literally the law.

                    • happydude on 14/09/2025 - 11:14
                      -1

                      @apsilon: You have misinterpreted the law repeatedly.

                      You receiving refunds from suppliers is not the same as going to NCAT where the law will apply as written and how it has been interpreted by the courts.

                      You said:

                      It's definitely a major fault.

                      I don't believe that can be asserted so strongly. And I have provided my reasoning and the law as to why it can't be asserted with that level of confidence.

    • tenpercent on 12/09/2025 - 23:07

      Is it any better than the free version of perplexity (as it was a few weeks ago; they seem to have seriously diminished its cpaabilities and the quality of responses recently)?

  • holdenmg on 12/09/2025 - 16:49
    +3

    They can talk the talk but won't fix it so you can walk the walk.

  • kaybrr on 12/09/2025 - 17:08

    I don't think anyone wants to be shafted by Johnson.

  • 82norm on 13/09/2025 - 08:02

    Pm me if you want a treadmill.

  • tz001 on 13/09/2025 - 08:06
    -1

    Repair, replace, refund are the options that the seller has, not the consumer. They get to choose. Not you. It is a major failure, but they are not compelled to refund you at this point. There's no hard and fast rule, but repeated failure of the same part would give you a case. Despite what people are saying here, Fair Trading in your state is unlikely to take any action beyond a phone call or email to the seller, so if you want to push it you will need to take them to xCAT. Good luck.

    • apsilon on 13/09/2025 - 08:11
      +3

      That's incorrect. It literally says the business must give the consumer a choice of refund or replacement for a major fault.

    • happydude on 13/09/2025 - 11:52
      +1

      Minor Failure - Retailer choice of repair, replace or refund.
      Major Failure - Consumer choice of repair, replace or refund.

    • Monty1089 on 13/09/2025 - 13:17

      According to ACCC a major failure the consumer can choose a refund or replacement. Of course they need to send someone here to assess the treadmill and give their diagnosis. So far they haven't sent anyone.

      But the issue arises with NCAT (here in NSW) is my dad is in NSW and the treadmill company is in Victoria. I don't know how it works if the parties are located in different states.

  • pipboy on 14/09/2025 - 09:04

    I have an older model of this and it has been solid for years, in case they’re willing to replace with a different model.

    https://www.johnsonfitness.com.au/products/horizon-7-0at-24-…

    Also - FWIW I always use specific treadmill lubricant, not WD40 of any description as that’s what I was advised by techs.

    • Monty1089 on 14/09/2025 - 11:25
      +1

      The repairman who came the first time said use this wd-40 silicone instead of treadmill lubricant:

      https://www.bunnings.com.au/wd-40-300g-specialist-high-perfo…

      So my dad was using it and it still failed.

      That Horizon 7.0 AT is very highly rated but i doubt these guys would give my dad an upgraded model given how they are fighting hard against a refund.

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