It's Good News Week

I had some good news this week from an appliance company after complaining to them about a stick blender that's shaft had sh** itself. The blender was a year past it's warranty expiry and the company initially said because of that, they considered the appliance to be "naturally worn out by the user and they aren't responsible for any repairs or replacement." I polity pointed out that they have a duty of care to their customers to supply goods that are fit for purpose and anyone buying this item would expect it to last much longer than it has. I asked them to "please send me a replacement shaft for the blender, this is a very reasonable request, and if you refuse to do so I will lodge a complaint against your company with Consumer Affairs." I signed the email Kind Regards from David, and the same day received a reply saying "As a good will gesture we are going to send you a replacement blender". And it arrived today. It just goes to show, you should never let company's fob you off, it pays to stick up for your rights.

Well done Dave

I used to work in telephone complaints for around 20 years and can offer some general suggestions that might help people get their complaints resolved.
Always persevere until you get past the front line staff and even their supervisors if they are proving stubborn. If you have to, ask for referral to a manager because if there is one thing managers hate, it is actually having to deal with customers.
Always remain polite. Companies are required by law to resolve complaints, so don't give them an excuse to terminate a discussion.
Know what the result is that you want to resolve the matter and don't be afraid to make it clear and ask for it. Just don't ring (or email) with the idea of having a grizzle, give the company a specific idea of what it will take for you to go away
Bodies like the ACCC and Ombudsman's office keep statistics against various companies and there is a risk that companies can be named publically. Also the Ombudsman's office actually charge the company for every complaint they refer regardless of the outcome even if they find the company in the right.
So don't be afraid to wave the big Ombudsman or ACCC stick, politely of course because if the matter is taken on board by those bodies, it can be expensive, time consuming and a risk to a company's reputation.

I hope all the forum followers read your post Geoff, all the points you mentioned are so important, the whole reason for a complaint is to get a resolution that the complainant is happy with. Quite a few years ago I was in a dispute with a company about something, and to be honest I can't even remember what it was about or who it was with, but I got frustrated and raised my voice, then the person I was speaking to cut me off, I said to Kay, "That Bas***d just cut me off" and she replied " well if I was that Bas***d I would have done the same, you can't speak to people like that and expect them not be pis**d off. And now they will block your number so you can't call them back ever. Point taken and lesson learned. You'll always catch more bees with honey than vinegar.

Dave, I must have read your story incorrectly, my apologies. The hand blender was out of warranty by 12 months so it was two years old with no extended warranty and you told them that you would contact consumers affairs if they didn’t supply you a new one knowing full well that it was well and truely out of warranty. Did you not realise it only had 12 months? I am very interested in your answer as i have a number of products that have 12 months warranty and are getting on and wondering if their reply, i.e. free $69.95 hand blender is the norm? I had a complaint against a tissue manufacturer for false advertising and when i pointed it out to them they offered me a $10 credit. Maybe i should have mentioned consumer affairs. Cheers Mackka

Mackka said:

Dave, I must have read your story incorrectly, my apologies. The hand blender was out of warranty by 12 months so it was two years old with no extended warranty and you told them that you would contact consumers affairs if they didn’t supply you a new one knowing full well that it was well and truely out of warranty. Did you not realise it only had 12 months? I am very interested in your answer as i have a number of products that have 12 months warranty and are getting on and wondering if their reply, i.e. free $69.95 hand blender is the norm? I had a complaint against a tissue manufacturer for false advertising and when i pointed it out to them they offered me a $10 credit. Maybe i should have mentioned consumer affairs. Cheers Mackka

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Mackka, The way I understand it is that in Australia there is an implied warranty where you buy a product like a fridge with a life expectancy of perhaps 10 years. In cases like this the twelve month warranty can be overridden because you bought a product that is generally expected to last a lot longer. If it fails three or four years down the track you may have a legitimate warranty claim.

Mackka said:

Dave, I must have read your story incorrectly, my apologies. The hand blender was out of warranty by 12 months so it was two years old with no extended warranty and you told them that you would contact consumers affairs if they didn’t supply you a new one knowing full well that it was well and truely out of warranty. Did you not realise it only had 12 months? I am very interested in your answer as i have a number of products that have 12 months warranty and are getting on and wondering if their reply, i.e. free $69.95 hand blender is the norm? I had a complaint against a tissue manufacturer for false advertising and when i pointed it out to them they offered me a $10 credit. Maybe i should have mentioned consumer affairs. Cheers Mackka

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Interesting that you had a complaint about a tissue manufacturer. When a new packet came out I found I was having to use 3 tissues to blow my nose whereas with the old pack I could use 2. If I used 2 from the new packet, I'd end up with snot all over my fingers. They seemed thinner than the old pack also. I found an old packet in my van which was about 2 years old, so it was really dried out from being in the van, in the sun for that long. Well, I took the old packet and weighed it, and then weighed a new packet. The new packet weighed about 10 grams less than the old, dried out packet! So the new tissues had to be thinner and lighter, which explains the blowout when using only 2 of them. Neither packet has any nett, or gross weights on them!

Phil's right about the a product's working life expectation Mackka, in this case my blender had a 2 year warranty, but my argument was that it is expected to last much longer than that and clearly the company agreed. I had another similar outcome about 5 years ago, we were travelling to Mackay to have Christmas with our nephew and his wife, just outside Mooree the car started making a squeezing noise, like the fan belt was slipping, the noise got really bad so I pulled over when I got to Morree and got the RNMA to come and check it out. Turned out to be the power steering system was stuffed and had to be replaced, cost was about $700, the car, a Holden Colorado 4x4 was 14 months out of warranty, I complained to Holden that it shouldn't have happened in the time frame it did and made the same threats of complaining to Consumer Affairs and ACCC and Holden eventually reimbursed the full amount to me, everyone I told couldn't believe they would do that, but they did, mind you I wouldn't like to be chasing Holden for compensation these days. Goes to show, it's worth sticking up for your rights and having a crack, the worst they can do is say no.

Moneybox said:

Mackka, The way I understand it is that in Australia there is an implied warranty where you buy a product like a fridge with a life expectancy of perhaps 10 years. In cases like this the twelve month warranty can be overridden because you bought a product that is generally expected to last a lot longer. If it fails three or four years down the track you may have a legitimate warranty claim.

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Agree with this. We had a dishwasher that crapped out after 2 years, supposedly out of warranty. Retailer and manufacturer didnt want to know about it so I contacted NSW Fair Trading. They were very helpful and made the point that goods have a life expectancy - 10 years for most common white goods - and the manufacturer must ensure the goods durable enough to last this time frame. After explaining this in a polite letter to the retailer they supplied a new dishwasher.

The point in the life cycle that the good fails will influence what the manufacturer's obligations are. Early on the consumer is entitled to repair, replacement or refund (consumer's choice). Later on it may be just parts and labour. This is for NSW. Not sure about other states.

Bidgee said:

The point in the life cycle that the good fails will influence what the manufacturer's obligations are. Early on the consumer is entitled to repair, replacement or refund (consumer's choice). Later on it may be just parts and labour. This is for NSW. Not sure about other states.

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It's a federal law and a damn good one I reckon, not a state by state thing:

https://www.accc.gov.au/system/files/Warranties and refunds - a guide for consumers and business.pdf

wiley coyote said:

Interesting that you had a complaint about a tissue manufacturer. When a new packet came out I found I was having to use 3 tissues to blow my nose whereas with the old pack I could use 2. If I used 2 from the new packet, I'd end up with snot all over my fingers. They seemed thinner than the old pack also. I found an old packet in my van which was about 2 years old, so it was really dried out from being in the van, in the sun for that long. Well, I took the old packet and weighed it, and then weighed a new packet. The new packet weighed about 10 grams less than the old, dried out packet! So the new tissues had to be thinner and lighter, which explains the blowout when using only 2 of them. Neither packet has any nett, or gross weights on them!

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Yes Wiley, it stated 3 ply tissues but, same as you It felt thinner so I separated the sheets and found only two not three. There must be millions of boxes out there in supermarket land and they just made heaps by shrinkflasion.

grubstake said:

It's a federal law and a damn good one I reckon, not a state by state thing:

https://www.accc.gov.au/system/files/Warranties and refunds - a guide for consumers and business.pdf

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Fair enough, but the issue I had was run through NSW Fair Trading.

I believe Federal Law supersedes State Law.

Well I think it's good news week again, but I am a little sad, Miss Kay said this winter trip was the last time she would go away in our little Minniebago after 10 years of fun, great adventures and for me, great fishing cause we can tow the boat and fill it up with all the things you need when your away from home. Anyway, a young guy from Jindabyne turned up yesterday to inspect the Minniebago and this afternoon we loaded her on to his Isuzo ute and away he went, I hope he enjoys her as much as I did, he was a lovely young fella, I'm pretty sure he will.