LBS Win for the little guy!

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jules21
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Re: LBS Win for the little guy!

Postby jules21 » Fri May 03, 2013 9:59 am

ratter wrote:nobody is going to or I should say very few business's will do work for nothing

they have little choice if the customer wins a claim against the consumer law warranty in a court or tribunal. you're thinking of the manufacturer's warranty - it's a different warranty.
Ross wrote:Well the ACCC has done such a good job with petrol pricing...

the ACCC don't regulate petrol pricing. retailers are free to charge as much as they like. the ACCC can only act when they have evidence of collusion between petrol companies on pricing. while there are suspicions that has occurred, it's very difficult to prove.

ratter
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Re: LBS Win for the little guy!

Postby ratter » Fri May 03, 2013 10:04 am

so I buy a new car, I have 2 warranties?
Image

r2160
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Re: LBS Win for the little guy!

Postby r2160 » Fri May 03, 2013 10:27 am

When you purchase a new car, the dealer is representing the manufacturers warranty.

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jules21
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Re: LBS Win for the little guy!

Postby jules21 » Fri May 03, 2013 10:28 am

ratter wrote:so I buy a new car, I have 2 warranties?

yes

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Xplora
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Re: LBS Win for the little guy!

Postby Xplora » Fri May 03, 2013 10:54 am

jules21 wrote:
ratter wrote:so I buy a new car, I have 2 warranties?

yes

LOL

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Tim
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Re: LBS Win for the little guy!

Postby Tim » Fri May 03, 2013 12:47 pm

Xplora wrote: jules21 wrote:

ratter wrote:so I buy a new car, I have 2 warranties?


yes


LOL


LOL all you like, its true.

Manufacturers Warranty and a Statutory Warranty.
Same with bikes.

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Re: LBS Win for the little guy!

Postby trailgumby » Fri May 03, 2013 1:55 pm

Tim wrote:
Xplora wrote: jules21 wrote:

ratter wrote:so I buy a new car, I have 2 warranties?


yes


LOL


LOL all you like, its true.

Manufacturers Warranty and a Statutory Warranty.
Same with bikes.


Indeed. This is correct in consumer law. Statutory warranty is the minimum, and is enforceable against the vendor. Anything the manufacturer may offer above this (eg, warranty service elsewhere in dealer network) is icing on the cake.

Statutory warranty is governed by consumer law, what the vendor or manufacturer may agree between themselves to cover is not actually all that relevant to the consumer, unless it exceeds the statutory minimum (eg crash replacement cover on a bike frame).
When all else fails, persistence prevails -- Lew Hollander

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Re: LBS Win for the little guy!

Postby AUbicycles » Fri May 03, 2013 3:49 pm

Credit to your local bike shop, it is fair to relay the feedback and they have done you a service following it up. Some bike shops don't take that initiative but to know that the LBS has really taken the efforts to assert your right is great.

Plugging good shops is welcome - and helps others in the right direction. (Obviously where there is no vested interest).

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RonK
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Re: LBS Win for the little guy!

Postby RonK » Fri May 03, 2013 4:12 pm

trailgumby wrote:Statutory warranty is governed by consumer law, what the vendor or manufacturer may agree between themselves to cover is not actually all that relevant to the consumer, unless it exceeds the statutory minimum (eg crash replacement cover on a bike frame).

This in fact a Statutory Condition as defined in by the Trade Practices Act of 1974, which states that goods must be of merchantable quality and fit for purpose.

A very worthwhile publication is the the ACCC's leaflet Warranties & refunds. It describes consumer protection under the trade practices act, and provides advice for both consumers and suppliers.

Well worth taking the time to read it.
Cycle touring blog and tour journals: whispering wheels...

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Summernight
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Re: LBS Win for the little guy!

Postby Summernight » Fri May 03, 2013 5:20 pm

RonK wrote:
trailgumby wrote:Statutory warranty is governed by consumer law, what the vendor or manufacturer may agree between themselves to cover is not actually all that relevant to the consumer, unless it exceeds the statutory minimum (eg crash replacement cover on a bike frame).

This in fact a Statutory Condition as defined in by the Trade Practices Act of 1974, which states that goods must be of merchantable quality and fit for purpose.

A very worthwhile publication is the the ACCC's leaflet Warranties & refunds. It describes consumer protection under the trade practices act, and provides advice for both consumers and suppliers.

Well worth taking the time to read it.


The Trade Practices Act (TPA) was superseded by the Australian Consumer Law (ACL), which is contained in Schedule 2 of the Competition and Consumer Act 2010.

So any references to the TPA no longer apply although there are equivalent provisions (mostly) in the ACL.

That link provided by RonK is now out of date. The ACCC has an updated version somewhere (can't find it at the moment) that lists the equivalent sections in the new ACL as compared to the TPA.

Also see: http://www.consumerlaw.gov.au/content/C ... he_acl.htm

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RonK
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Re: LBS Win for the little guy!

Postby RonK » Fri May 03, 2013 9:42 pm

Summernight wrote:
RonK wrote:
trailgumby wrote:Statutory warranty is governed by consumer law, what the vendor or manufacturer may agree between themselves to cover is not actually all that relevant to the consumer, unless it exceeds the statutory minimum (eg crash replacement cover on a bike frame).

This in fact a Statutory Condition as defined in by the Trade Practices Act of 1974, which states that goods must be of merchantable quality and fit for purpose.

A very worthwhile publication is the the ACCC's leaflet Warranties & refunds. It describes consumer protection under the trade practices act, and provides advice for both consumers and suppliers.

Well worth taking the time to read it.


The Trade Practices Act (TPA) was superseded by the Australian Consumer Law (ACL), which is contained in Schedule 2 of the Competition and Consumer Act 2010.

So any references to the TPA no longer apply although there are equivalent provisions (mostly) in the ACL.

That link provided by RonK is now out of date. The ACCC has an updated version somewhere (can't find it at the moment) that lists the equivalent sections in the new ACL as compared to the TPA.

Also see: http://www.consumerlaw.gov.au/content/C ... he_acl.htm

OK, the latest publication is Customer Guarantees Repair Replace Refund. The content is essentially the same, but the older leaflet has more comprehensive advice for consumers.

There is also a wealth of consumer rights publications on the ACCC site here.
Cycle touring blog and tour journals: whispering wheels...

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Re: LBS Win for the little guy!

Postby mick243 » Sat May 04, 2013 10:38 am

ratter wrote:
jules21 wrote:
ratter wrote: you purchase a new car from dealership A, you have warranty Australia wide with any dealer that sells your brand of car, you are away from home, a long way from home, is your warranty only valid at the dealership you purchased the car from? No it's not, it's valid through any dealership that sells that brand, will another dealer do the work, yes as long as it is a warrantable issue or if needed they get authorisation from the manufacturer.


you appear to be confusing "manufacturers warranty" with "statutory warranty" - often (in my experience, always) the manufacturer will honour its manufacturers warranty wherever it has an agent, whereas if you are trying to claim against statutory warranty then it must be from the store that you bought the item from. manufacturers warranties have time limits (set by manufacturer) and many other conditions which must be met, statutory warranties are very different and can apply even if the normal warranty has run out and other warranty conditions not met - but the onus is generally on you to prove why it should apply.

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