any bush lawyers here with half an opinion on product law ?

[CreviceSucker]

I have tried to purchase spare parts for an Australian made machine used in the mining sector but the company refuses to sell parts to me and claims "they do not supply spare parts and any servicing and repair work must be carried out only by them" at their unique pricing rate (gouging).

Isnt it illegal to do that ?

I am perfectly qualified to do the work at a better standard than they do without charging $ 400 per hour for labour and without putting 500 % on top of replacement parts prices.

What are my legal options here ?

 

[Dignit]

CS
Have a look here ....
https://www.accc.gov.au/business/anti-competitive-behaviour/refusal-to-supply-products-or-services
Cheers

 

[grubstake]

This sort of restrictive corporate behaviour is also at the heart of international "right to repair" controversies:
https://www.abc.net.au/news/2020-04-19/right-to-repair-tractors-taken-up-by-the-accc/12156196

 

[CreviceSucker]

CS
Have a look here ....
https://www.accc.gov.au/business/anti-competitive-behaviour/refusal-to-supply-products-or-services
Cheers

thanks.

I will seek a ruling from ACCC.

thanks peeps. :Y:

 

[jethro]

CS
Have a look here ....
https://www.accc.gov.au/business/anti-competitive-behaviour/refusal-to-supply-products-or-services
Cheers

thanks.

I will seek a ruling from ACCC.

thanks peeps. :Y:

You could perhaps mention to the company that you will be drawing the ACCCs attention to their business practices. It worked wonders for a former employer of mine who had a client that wouldnt pay their account for repairs to a large torque converter. The boss simply email the accounts deptment and said that if you are unable to pay the account then you must be Trading Whilst Insolvent and Ill be reporting you to the ACCC. money was in the account very swiftly. :/

 

[Smoky bandit]

I would say they have no obligation to sell you parts if they decide not to.

 

[CreviceSucker]

I would say they have no obligation to sell you parts if they decide not to.

I just found a press release where a very large mining company has cut all ties with the same company i am having the issue with.

Their press release says "XXX wish to advise the market that products or services will no longer be required from XXXXXXX"

Thats a pretty brutal but not unexpected response to being financially raped.

 

[PabloP]

I have tried to purchase spare parts for an Australian made machine used in the mining sector but the company refuses to sell parts to me and claims "they do not supply spare parts and any servicing and repair work must be carried out only by them" at their unique pricing rate (gouging).

Isnt it illegal to do that ?

I am perfectly qualified to do the work at a better standard than they do without charging $ 400 per hour for labour and without putting 500 % on top of replacement parts prices.

What are my legal options here ?

I have no legal background whatsoever, but I think that it will depend on the age of the equipment, reasonable wear & tear and a range of associated factors, but there are many products supplied that you can't get parts for so Buyer Beware. The link is from consumer affairs Vic, but check the Internet for your state, etc.

https://www.consumer.vic.gov.au/products-and-services/problems-with-a-product/cannot-be-repaired

Also, I prepared a submission to the ACCC for a mate who was supplied a caravan with the suspension so out of whack that it chewed tyres out like nothing, then blamed him for the roads travelled, their condition, his driving, etc. It took a bit of doing in that case as we had to have technical measurements and all that sort of stuff documented, but he won the case and they had to pay up for most of a new suspension to be fitted (and not by them).

Rob P.

 

[grubstake]

I have tried to purchase spare parts for an Australian made machine used in the mining sector but the company refuses to sell parts to me and claims "they do not supply spare parts and any servicing and repair work must be carried out only by them" at their unique pricing rate (gouging).

Isnt it illegal to do that ?

I am perfectly qualified to do the work at a better standard than they do without charging $ 400 per hour for labour and without putting 500 % on top of replacement parts prices.

What are my legal options here ?

I have no legal background whatsoever, but I think that it will depend on the age of the equipment, reasonable wear & tear and a range of associated factors, but there are many products supplied that you can't get parts for so Buyer Beware. The link is from consumer affairs Vic, but check the Internet for your state, etc.

https://www.consumer.vic.gov.au/products-and-services/problems-with-a-product/cannot-be-repaired

I think the key word here is "consumer". When it comes to industrial/commercial equipment such as CS is involved with, the rights and remedies of buyers and sellers are generally outside the scope of consumer-focussed legislation.

 

[Bush]

It is by Law that a Manufacturer and / or Supplier is to supply spare parts and services for all products in Australia within a reasonable life span of the Product.
Example;
A Home Computer PC Manufacturer was found liable for not being able to supply a replacement battery.
This is now why most new retail PC`s have a built in battery.
Basically the Manufacturers have said well F*** Y** A** then this is how it will be.
Now we have to probe around inside if you want to replace it yourself. :N:

 

[Swinging & digging]

Is the product still under warranty?
The reason I ask despite your expert technical ability they may prefer to have their people do the repair work.

 

[user 4386]

Is the product still under warranty?
The reason I ask despite your expert technical ability they may prefer to have their people do the repair work.

but he says they are charging for the replacement

 

[Bush]

Is the product still under warranty?
The reason I ask despite your expert technical ability they may prefer to have their people do the repair work.

`i` am ` Not shore on the Policy with the product `i` would probably need a Magnifier Glass to read it. layful: layful:
I`m not entirely shore if an Australian Policy canbe snared to obtain privilege rights of gaining payments for self service fees..
Just make shore your account is Pending.
I should have been a Lawyer layful: layful: layful: