Thread: Faulty Dremel, bunnings won't replace.

Thank goodness common sense finally won.

Not sure how much you unloaded on the Dremel but if the tool is core to what you do next time look at Proxxon which are made in Germany. Dremel is, I believe, made in East Asia. If you have an old Dremel made in USA it is worth it's weight but in recent years the quality has gone off badly since they switched to making them in outside the USA. BTW Proxxon, although German, use the same shank sizes as Dremel.

Glad the result turned out OK, but is important to remember that the RETAILER who sells you the item is responsible for warranty and fit for purpose claims - not the manufacturer.

You have a contract with the seller and they have to meet the tests of the Trade Practices Act and the various State & Territory fair trading laws. The fact of another contract they have with a wholesaler, distributor or manufacturer is simply of no concern to you and does not alter your rights.

So in this instance it does not matter what Dremel does or says on its warranty documents and there can be no arbitrary limit on exchange or refund for faulty goods. Even a warranty limitation of 90 days or a year is not hard and fast if it is reasonable for you to expect a longer life for the item in normal use. The closer you are to that expressed warranty period the greater is the likelihood your claim would succeed, and you can rely on generally available information to determine what is reasonable and can use statements in advertising and marketing material to support your claim.

Likewise this is the case with Bunnings handing out a flyer from GMC saying that after 14 days you should contact a GMC hotline number. Well if you want to yes, but the law says take it back to Bunnings and they are obliged to deal with your problem. They either replace it immediately with the same or equivalent item or refund your money (with proof of purchase of course).

As others have said you need to stay calm, but escalate within the store if you are not getting the right (and legal) response.

Of course if you simply change your mind then it is at the discretion of the retailer how they deal with you.

I am pleased for you that the faulty product was replaced. I am not sure what you meant about the date of your warranty. If I understand correctly the date of warranty applies from the original purchase. If you buy something and it fails a few days before the warranty period ends you get the problem remedied (repair or replace) but you are not necessarily entitled to a (new) warranty period beyond the original.

Originally Posted by Wood Borer

Why only your first name Spirit?

If I later wanted to follow up a complaint or an agreement, I think I would need a bit more than Fred from the XXXX store.

I understand there are spiteful people who may want to make your life hell outside work which could affect you and your family so a bit of anonymous stuff for that reason is quite understandable.

I do however have quite strong feelings of not wanting to be stuffed around by people who shirk responsibilities for their actions and then openly diguise themselves so it can't be pinned back on them at a later date.

When you refuse to disclose your surname, do you offer some reference to the complaint/discussion/report?

Borer it may not be about shirking responsibility at all. I have worked in businesses where it was company policy to never give a correct first name and never ever give a sirname to a customer. I even worked in one business where all phone enquiries were answered by either Cathy if you were female or Steve if a male. Threats of violence were a daily event in that game.

Rgds

Ross

Originally Posted by Different

Borer it may not be about shirking responsibility at all. I have worked in businesses where it was company policy to never give a correct first name and never ever give a sirname to a customer. I even worked in one business where all phone enquiries were answered by either Cathy if you were female or Steve if a male. Threats of violence were a daily event in that game.

Rgds

Ross

I have worked in a similar environment. If somebody knows your first name and surname they can look it up on the electoral roll. From there they can get your home address. From there all sorts of nastiness can happen. Not too bad if you have a very common name. Not so good if there's only a few of you around.

Peter

Originally Posted by Fred Nerk

I am pleased for you that the faulty product was replaced. I am not sure what you meant about the date of your warranty. If I understand correctly the date of warranty applies from the original purchase. If you buy something and it fails a few days before the warranty period ends you get the problem remedied (repair or replace) but you are not necessarily entitled to a (new) warranty period beyond the original.

When Bunnings replaces an item that is faulty they give a credit for the original purchase (and cancel the original receipt) and then proceed to sell you a replacement item at the original price with a new receipt.

Hence you are in effect purchasing a new item and new warranty starts from then.

Peter.

I think you would have a very good case in arguing that the warranty commenced form the date of supply, and I mean date of supply of the second replacement item, But I like the Bunnies method of refund and repurchase, so arguments are stopped.
In any event we here were talking about statutory warrranties, a la Trade Practices Act and this was where the original Bunnies employee got it so wrong. Often the manufacturers warranty is pretty useless, the clause I most like is that the consumer is liable for freight to get the item to the manufacturer for examination. If the item is faulty why should the consumer be further out of pocket?

Originally Posted by Sawdust Maker

I think you would have a very good case in arguing that the warranty commenced form the date of supply, and I mean date of supply of the second replacement item, But I like the Bunnies method of refund and repurchase, so arguments are stopped.
In any event we here were talking about statutory warrranties, a la Trade Practices Act and this was where the original Bunnies employee got it so wrong. Often the manufacturers warranty is pretty useless, the clause I most like is that the consumer is liable for freight to get the item to the manufacturer for examination. If the item is faulty why should the consumer be further out of pocket?

Yep - as I said above this was not handled well by Bunnings - although I have to say I find that in the 4 stores I visit I have always found returns to be done without question or hassle - even if I just don't like the item, with a receipt of course, and the same with faulty items.

If you are given a new item the warranty will commence anew - giving just the remaining period applies only if repaired or replaced with a refurbished item and there are good legal precedents for that too. That's one of the reasons the old item is re-credited and you get a new receipt. The other is that it has to be put back into their stock system so a warranty claim can be done with the manufacturer/ distributor.

Of course this is also standard accounting and assets management practice under the old double column accounting system (which underlies all businesses even though it is all computerised now).

Originally Posted by Sturdee

When Bunnings replaces an item that is faulty they give a credit for the original purchase (and cancel the original receipt) and then proceed to sell you a replacement item at the original price with a new receipt.

Peter.

Forgot to mention that I once returned a hedge clipper to Bunnings that became faulty after 11 months with another one months on the warranty.

Not only was it replaced without question but the replacement unit had dropped $ 20 in price, so the new unit was sold to me at the new price.

So I was given a cash refund of $ 20 and had a new unit with another 12 month warranty.

Peter.

Hey Sturdee,

you have been getting real lucky. I work the service desk or exchange counter regulary for bunnings and when replacing items you shouldnt be recieving a new reciept. when the manufacturers guarantee a product for two years it means they assure u will have that product for a minimum of two years, they shouldnt be issuing you with a new reciept each time they replace something its 2 years from the ORIGINAL purchase date.

cheers.

not being rude just offering up an opinion from the other side.

and oh yeh guys dont be discouraged to ask for a manager no one i work with or me will think your an ahole for that

I've had a light fitting exchanged as it was missing parts and they issued me with a new receipt.

I would imagine that they'd have to issue a new one as you've just received a brand new product that should have the full warranty applied to the new product not from the date of the old one.

Bunnings procedure on returns, at least at my store, whether it is a warranty claim or not is to use the original receipt to give a cash refund and then sell a new item with its new receipt for the replacement.

Normally this is the same price so no cash will exchange hand BUT if the price went down a refund would be given.

Maybe in NSW they do it different.

Peter.

Yeh cool, no worries, the principal we work of though is you pay within the price of the item for say 2 years warranty and so we dont reissue, but its good for you, keep taking it while it continues to be offered.

cheers