Australian Seller not honouring warranty

[mr_millenium]

I bought a pole chainsaw knowing that come spring, it will be needed to trim some branches that grow quickly high up around my house. It came with a 12-month warranty. The first time I tried to use it was 5 months after purchase. (yes I probably should have tested it straight away but had no need to use it until recently). I have contacted them explaining how it is not working and they said they would ask their supplier for advice. I have waited a while and had no reply. I sent a follow-up email asking why if they were giving the warranty they had to ask their supplier. I have downloaded the warranty and they have the parent companies name on the warranty. Looking that up, they have a physical address in Hawthorn.  As the machine is unfit for purpose (i.e. doesn't work) how can I go through consumer complaints? Do I use Victoria or NSW as I am in NSW?

[padi*0409]

Warranties for items bought on eBay are rarely valid UNLESS the seller is an authorised Australian seller/reseller of the product.

Your best option would be to maybe take the polesaw to your local lawnmower service center and see if they can get it running.

[jellybirddesigns]

Unfortunately, warranties are pretty worthless on Ebay unless as @padi mentioned.

There are numerous threads, including some recent ones about buyers attempting to get a warranty enforced, with zero luck.

Unfortunately, Ebay is not in the business of warranties, they only care that it arrived as described and give you 30 days or so to test it. 

If it has only been 5 months since purchase, you can open a claim for Not as Described in Paypal (assuming you paid that way), as you have 180 days there. I suggest you hurry as you may be almost out of time.

Once the claim is opened, the seller will have to either send you a postage label if they want it back, or they will have to refund you. Do not close the case until you have satisfaction.

If you want a proper warranty, buy retail.

[digital*ghost]

If the seller you bough from is a registered Aus business, and they offered the warranty, they 100% have to honour the warranty advertised, regardless of where it was bought from. 

Contact the office of fair trading in your state to start with - they can negotiate on your behalf if needed. 

[jellybirddesigns]

Only if they're an authorised distributor though? Being an Aus business is not enough.

[janeababe]

I don’t know how to post links from my iPad….. so read up here re: warranties on eBay.

Home > Help > Warranty.

[digital*ghost]

---

@jellybirddesigns wrote:

Only if they're an authorised distributor though? Being an Aus business is not enough.

---

That can be the case for manufacturer warranties, but if the retailer is advertising / offering a warranty, they have to honour it. Same as how Aus businesses do not have to accept change of mind returns, but if they advertise they do, they must honour it (subject to any conditions they have outlined), and this applies whether they have a B&M store, or are selling online. 

Aus businesses don't get to skirt ACL just because they are selling on eBay. 

[jellybirddesigns]

Be interesting to see how it plays out. I think that the issue with warranties is due to the fact that Ebay is considered a secondary market. You're not buying direct from the manufacturer or an authorised supplier, so this middle layer creates an issue. In many cases, the manufacturer may consider the warranty "void" as they cannot verify their supply chain and cannot ascertain if the items were kept by the seller in conditions that even made them eligible for warranty in the first place.

I don't think there are many buyers who have had any luck getting an online warranty offering enforced as they would probably have to go down a legal road which most are not inclined to do.

In this case, however, the OP says they have an address in Hawthorne (Melbourne?) and I'm assuming there is a phone number. I would be contacting them to see what they say - they might point him to a local repairer in his area and he might well be able to get it sorted. You never know.

Otherwise, it may just be quicker for him to open a case in Paypal as he is running out of time.

[digital*ghost]

---

@jellybirddesigns wrote:

Be interesting to see how it plays out. I think that the issue with warranties is due to the fact that Ebay is considered a secondary market. You're not buying direct from the manufacturer or an authorised supplier, so this middle layer creates an issue. In many cases, the manufacturer may consider the warranty "void" as they cannot verify their supply chain and cannot ascertain if the items were kept by the seller in conditions that even made them eligible for warranty in the first place.

---

It only creates an issue for manufacturer warranties though. (And just as a sidenote - any warranties being offered by international sellers should be dismissed as meaningless, and only a surprising bonus if one actually honours them). 

You know when you go to a store like The Good Guys, or Harvey Norman, and they offer to charge you for an extended warranty on whatever you're buying? That has nothing to do with the manufacturer warranty on the item. Say a microwave has 12 months warranty from the manufacturer, and then you buy a 2 year extended warranty from the retailer. If something happens to the microwave in that first 12 months, the manufacturer is the one who needs to repair / replace under their own warranty, even though you can take it back to the place of purchase. 

If something happens to the microwave 2 years after purchase, then whoever sold the additional warranty is responsible for it - it will probably go to a third party for repair, or the retailer will replace at their own cost rather than get a new one supplied by the manufacturer.

Or, let's say I decide to start selling some branded items that normally come with a warranty, but I found them in bulk online and can assume the manufacturer warranty is void. However, to give my buyers the confidence to purchase them from me, as an unauthorised seller, I advertise that they come with a 12 month warranty. In that case I - the retailer - am offering the warranty, and I am the one that needs to take care of repairs / replacements, according to whatever terms of the warranty I create. 

As I said, the office of fair trading in the buyer's state should be the first port of contact if an Australian business is not honouring their advertised warranty - they can negotiate with the business on the buyer's behalf, and perhaps apprise said business of the potential consequences for their conduct. It doesn't have to be some drawn out legal drama, just someone with real authority contacting the business and saying, "so....about that warranty you offered". 

[jellybirddesigns]

Sure, this system works great when a buyer goes into a branded store and they will definitely get a higher level of service and satisfaction. Online, not so much.

Since Ebay is not in the business of enforcing warranties, I doubt they are going to give out private seller information just so the buyer can complain to a trading body (well, not without legal intervention). Also, not every reseller is an actual Australian "Business" in the sense of having an ABN etc. Some are just casual sellers who have picked up a few cheap items that they're flogging for a bit of profit from their homes.

Yes, a reseller can definitely offer to "honour" the warranty that they put in their listing and make a good impression on the buyer, but I think this would make them the exception rather than the norm as they know there is no legal enforcement on the issue. Most know that the manufacturer will not assist a reseller and there is no way of actually fixing the problem without the seller being out of pocket as they cannot claim from the manufacturer, so why would they do it?

It just looks good to put it in the listing, but I don't think anybody who has come to the forums has ever had any warranty satisfaction this way.