Consumer Law QLD Question

[MoparKevUk]

Hello Peeps!

I bought a Samsung Surround Sound from GoodGuys Capalaba in December 09. And it's fantastic! I can even plug my record player into it and enjoy some vinyl, plus scary films have never been better! Unfortunately the remote will not work now. It works ok on my son's Samsung TV and, yes, I have changed the batteries! I've diagnosed that the IR receiver is OOO (Out Of Order), and this was the GoodGuy's diagnosis as well. They tell me that it will have to be sent away for repair for 2 weeks. I argued the point that under consumer law if a product is faulty within a reasonable time (3 months!) that I have a right to a refund or exchange. No, they said, it is a Manufacturers Warranty and that it has to be sent for repair. I asked to see their literature to this effect and was told they have no leaflets or otherwise appertaining to the customer's rights as regards refunds, exchange, repair etc. I find that strange! I also mentioned that my contract of sale was with GoodGuys NOT Samsung, but this fell on deaf ears. I dealt with the floor guy and the manageress. Before I go to the Office of Fair Trading and GoodGuy's Head Orifice with my quibble, am I mistaken and they are right? I left it with them to repair as in the long run it saves me dismantling all the speakers etc etc, but I need to know if they have hoodwinked me. If so you will find me outside GoodGuys Capalaba with a megaphone (possibly supplied by GoodGuys Capalaba!!!) ranting.......

Out of interest, whilst Googling a solution to my problem with the remote I found that you can thumb the remote into your camera (incl. mobiles) and actually see the IR signal! How cool is that! No more getting off the couch to try new batteries!!!

[tomca]

I believe you are correct. At the very least demand a 'loan' unit 'til they get yours back.

What consumer rights you have with the retailer have zero to do with what agreements the retailer has with the supplier. They are bluffing you.

[yoyo]

ahhh but by purchasing an item with a stipulated "manufacturers warranty" you have, in fact, entered into an agreement with the manufacturer.

The point of sale, as a representative of the manufacturer, is entitled to act as no more than a conduit in obtaining any warranty repairs and/or replacements, between you and the manufacturer themselves.

[tomca]

Manufacturers warranty has nil to do with Qlds Consumer rights laws. Example being, some new motorcycle has no manufacturers warranty, but in Qld goods must do the job they are meant to do, for a reasonable period, based on price. The retailer has to comply with these laws, so must think carefully what they sell as this can impact on their profit margins, when there is a shortfall between manufacturers warranty and statuatory warranty

[MoparKevUk]

There was no paperwork stipulating a manufacturers warranty, or otherwise, and when I asked they don't have any paperwork to look at....Bit bizarre. I'll write to the OFT and report back. I'll also fire off an email to GoodGuys head office.

[Beejay]

I got a mobile phone on a plan from the optus shop a while back, only had it about 6 weeks, something went wrong with the phone so took it back to optus shop with same argument as you, but fell on deaf ears.

I demanded a replacement new phone but the said it had to go back to manufacturer for 3 weeks minimum and they gave me a shitty brick phone to use while my 6 week old motorola was sent away.

I was less than impressed, then I got my new phone back from repairs and two weeks later it died again and I went back to the optus shop demanding a new phone but again I was told it had to go back to motorola again.....wtf????

So they gave me the brick again for another 2 weeks and when I got the phone back it never played up again, but I was still less than impressed with the service from optus.

I dont know much about consumer rights and so forth, but if you believe you have been hard done by, then you are doing the right thing by pursuing it.

Good luck with it mate...cheers Beejay

[dassa]

Hey Kev I had a simular proplem with a new TV which was purchused three days earlyer from a new harvey norman store in bunbaberg.When I took it back to them they said it would have to be sent back to the maufacture to be fixed I protested loundly by stating ifI did not get a new replecment tv I said well lets see how many people I could get to leave the store so two minutes later I got what I wanted.

They is a thing called customer service and these people need to learn what that's about.

So to answer your question yes they sould give you a replcement unit as the manufacture will replace it to them free of charge so you may need to go back to the owner and mke your point a little clearer.

cheers dassa