CGA advice

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20164 posts

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#1751134 31-Mar-2017 13:11

D.W:
I went back to Parmco yesterday via email re-iterating the expectations as per the CGA, including the availability of spare parts.

They have come back to me this morning and said:

"As previously mentioned we have fulfilled our obligations above industry standard, and as per your email are now unable to offer parts, due to the model being discontinued and our relationship with the supplier non-existent.

I do understand where you are coming from and am happy to discuss with my manager further."

I've told them I'll wait until tomorrow to see what their manager says, otherwise will be logging with Disputes Tribunal.

Above industry standard, what does that even mean? The CGA exists for a reason, as that is above any so called industry standard. Dealing with manufacturers can be a pita. I would contact the actual brand owners of the retail shop you purchased it from to see what they will do.

maxeon

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#1751183 31-Mar-2017 14:21

Very similar experience for me but with another Manufacturer "Bosch" - the importer.

In my case they have accepted the fault and were ready to pay for the parts / supply the parts but not prepared to pay for the labour to fix. So, I went to Disputes Tribunal and they had to replace the entire thing with a new one. Bosch argument was that as they are the manufacturer, they are only obliged to supply parts and not pay for labour. DT strike that off and said that is not the case, they have the option to either repair fully, replace it with same or better model or agree on a sum of refund.

I preferred refund as I had to buy another dishwasher by that time, but he would only offer a refund of his cost price supplying a new one (which DT was ok).

I instead took a new one and sold it on TM.

The guy that was representing the case in DT was the head of customer relations and he was visibly upset but managed to deliver a new dishwasher the same week.

D.W

726 posts

Ultimate Geek

#1751186 31-Mar-2017 14:27

Thanks for all the feedback/advice so far.

An update, I received an email from the manufacturer today, offering a replacement model oven delivered to my door for $850.

Unfortunately for them I really am not interested in spending hundreds of dollars, I just wanted my oven fixed.

maxeon

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#1751188 31-Mar-2017 14:34

I would keep this evidence and present it in DT. They should be offering you a solution to the problem but they are trying to convert into a sale instead :)

D.W:

Thanks for all the feedback/advice so far.

An update, I received an email from the manufacturer today, offering a replacement model oven delivered to my door for $850.

Unfortunately for them I really am not interested in spending hundreds of dollars, I just wanted my oven fixed.

trig42

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#1751213 31-Mar-2017 15:06

Yep, keep pushing.

I took the easy way out and paid the labour (only a couple of hours) and Parmco sent the parts. I did think at the time, that if we didn't need to use the oven, I would have taken it further.

Offering a new oven for $850 is not even a decent offer. Offer it for the freight ($100ish), maybe. They will lose at the Disputes Tribunal. Maybe worth your lodging it (maybe give them one more chance before you pay the lodging fee).

tripp

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#1751228 31-Mar-2017 15:42

What i always find fun is asking the following "Can i have and confirm your address for service of legal documents and who should they be addressed too". This sometimes pushes them to "rethink" where they stand.

If that does not work, then file the DT online (cost under $100) then wait, they will get a copy of the papers in a week or so with a date. Once you are there just explain your side of the story and watch the fireworks as adjudicator rips them a new one. Really it is the best $50 - $100 I ever spent to watch a company I knew was wrong get a talking too.

networkn

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#1751231 31-Mar-2017 15:49

tripp:

What i always find fun is asking the following "Can i have and confirm your address for service of legal documents and who should they be addressed too". This sometimes pushes them to "rethink" where they stand.

If that does not work, then file the DT online (cost under $100) then wait, they will get a copy of the papers in a week or so with a date. Once you are there just explain your side of the story and watch the fireworks as adjudicator rips them a new one. Really it is the best $50 - $100 I ever spent to watch a company I knew was wrong get a talking too.

The last time I was at the DT which was just a few weeks ago, I would have paid a Taxi for the idiot we went up against, to have attended. The look on the adjudicator's face when I showed him what 11 weeks of paving efforts looked like (You can see it on last weeks Fair Go) was exceptionally comical.

11 weeks of trying to avoid doing the work to a reasonable standard when 5 days and youtube he could have learned to do it properly. Amazing.

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E3xtc

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Ultimate Geek

#1751234 31-Mar-2017 15:57

Can't really add any more to what has been said - other than to say that we also have a Parmco oven that had the same problem (only heated to about 100). In our case it also wasn't the element that died, it was the controls behind (like has already been mentioned) - this failed and was replaced without issue within the warranty period in our case...but just to reiterate that this is a common issue with Parmco (ours is now about 6 years old and since then has been going strong fwiw).

mattwnz

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#1751243 31-Mar-2017 16:23

The thing is how long should an oven last for? I guess it depends on the brand too. eg The premium brands should last longer than the cheap brands, and a product with a high RRP, should last longer than a product with a lower RRP. For some things, people seem to think 5 years is long enough.

networkn

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#1751244 31-Mar-2017 16:24

mattwnz:

The thing is how long should an oven last for? I guess it depends on the brand too. eg The premium brands should last longer than the cheap brands, and a product with a high RRP, should last longer than a product with a lower RRP. For some things, people seem to think 5 years is long enough.

Yeah the CGA doesn't really take this into account specifically, mostly because of the complications, though it should. We see the same thing with computers. Someone who buys a $299 computer shouldn't be entitled to a 5 year warranty whereas in my eyes someone who spends $1500+ might.

surfisup1000

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Uber Geek

#1751310 31-Mar-2017 18:42

This company is behaving in a despicable manner and using all the usual tricks to avoid their obligations. These 'tricks' are informal policy at many of our largest companies.

Usual tricks being....

1. Deny repairs straight off, because the warranty expired (deters 90% of complainants)

2. Emphasize and placate yet still deny repairs.

3. Offer free parts but you pay labour and incidental costs (such as shipping), or offer a discount on a new product. (satisfies another 5%).

4. After you take them to disputes, offer a full settlement before the hearing (maybe another 2%).

5. Attend the hearing and lose.

6. Maybe do not pay anyway and wait for you to take enforcement action.

Just my experience over the years.

surfisup1000

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#1751311 31-Mar-2017 18:45

networkn:

Yeah the CGA doesn't really take this into account specifically, mostly because of the complications, though it should. We see the same thing with computers. Someone who buys a $299 computer shouldn't be entitled to a 5 year warranty whereas in my eyes someone who spends $1500+ might.

I believe the CGA does cover product quality within the exceptionally vague 'expected life expectancy' terminology. Consumer magazine points out that a cheap low quality budget product cannot be expected to last as a premium high quality equivalent.

mattwnz

20164 posts

Uber Geek

#1751397 31-Mar-2017 23:36

surfisup1000:
This company is behaving in a despicable manner and using all the usual tricks to avoid their obligations. These 'tricks' are informal policy at many of our largest companies.

Usual tricks being....

1. Deny repairs straight off, because the warranty expired (deters 90% of complainants)

2. Emphasize and placate yet still deny repairs.

3. Offer free parts but you pay labour and incidental costs (such as shipping), or offer a discount on a new product. (satisfies another 5%).

4. After you take them to disputes, offer a full settlement before the hearing (maybe another 2%).

5. Attend the hearing and lose.

6. Maybe do not pay anyway and wait for you to take enforcement action.

Just my experience over the years.

I have never had to take a company to the DT before, as they have always eventually complied. But I do sometimes wonder if some companies have a processes like this when dealing with consumers, to minimise their expenses, as many consumers still don't know their consumer rights. Product warranties only confuse the matter, because they may only be for 1-2 years, so many expect that is all the coverage they get. Maybe it is time to get rid of warranties, and only have the CGA . Surely all companies these days would the CGA inside out.

mattwnz

20164 posts

Uber Geek

#1751400 31-Mar-2017 23:43

surfisup1000:
networkn:

Yeah the CGA doesn't really take this into account specifically, mostly because of the complications, though it should. We see the same thing with computers. Someone who buys a $299 computer shouldn't be entitled to a 5 year warranty whereas in my eyes someone who spends $1500+ might.

I believe the CGA does cover product quality within the exceptionally vague 'expected life expectancy' terminology. Consumer magazine points out that a cheap low quality budget product cannot be expected to last as a premium high quality equivalent.

The price paid, is supposedly to imply the quality, when compared to other brands. However IMO the RRP is a better judge of quality, as otherwise a product on sale may be expected to last a shorter time, solely because it had been discounted in price. Even though a discounted product is still the same quality as the full priced product.

tdgeek

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#1751424 1-Apr-2017 07:42

D.W:

Thanks for all the feedback/advice so far.

An update, I received an email from the manufacturer today, offering a replacement model oven delivered to my door for $850.

Unfortunately for them I really am not interested in spending hundreds of dollars, I just wanted my oven fixed.

I'd not call that a replacement, it is discount. Two wildly different actions.

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