Consumer Law and Reality for Noncompliance

I have made a few posts about a company that is not interested in its obligations under the ACL.

The company is Sydney Tools. My review submitted to productreview this morning fills in most salient details. The fault was the motor failing, a fairly binary problem.

I bought a Michelin pressure washer (exclusive product) from Sydney Tools that failed during warranty. After 4 weeks at Sydney Tools I was advised it was still waiting for repair authorisation. A week later they claimed parts were coming from Sydney and then the parts were probably coming from overseas in a container. I tried to contact HQ that was actively unconcerned and declined to engage. At 10 weeks I contacted the manager [Blackburn Vic] who claimed he has no authority to help a customer and the only one person who can authorise the repair is on extended leave. The Australian Consumer Law gives right to a repair in a reasonable time and Consumer Affairs agrees this is no longer reasonable. I’ll be having to take this to VCAT and Sydney Tools is happy for me to have to do that because they know I might go away and their worst downside would be having to refund me, no penalties apply. Think carefully before trading with this company especially if you are a tradie whose income depends on a product supposedly backed by Sydney Tools.

The manager was clear they would comply with any order but after visiting the VCAT page I understand why they are so unconcerned.

but there is more

A consumer thus has to make a bet about whether $67.40 plus costs of an ASIC extract is worth it for a modestly valued item. Being awarded costs is not a given even if probable. In 14 more weeks will ‘the one’ be back to approve the repair or not?

It is a well orchestrated game that Sydney Tools cannot lose. They appear to be Grandmasters at it.

7 Likes

Seems very strange that a branch of a nationwide company would not have delegation of authority, when a manager is away. I suspect that is just a delaying ruse.

You may have to call their bluff and lodge with VCAT , with a claim for the costs of doing so. When the notice of hearing arrives, they may have a change of mind.

I also think that companies like ST are more geared to professional and trade buyers who could well be treated differently to others who are not in the business.

3 Likes

Attempting to contact any more senior manager was futile. If you peruse their reviews there is a consistent tone of never acknowledging problem posts. As I included in my review,

Keep in mind I have been ‘around the block’ many times and know how it goes as well as the tricks. I haven’t posted all the details, just the major salient ones.

How true, yet the ACL still applies, at least in theory.

An update to my related Michelin product review, referencing my Sydney Tools review, was timely approved but productreview has yet to approve the above, hours later.

2 Likes

Office Christmas party?

1 Like

Trustpilot, the consumers’ stalwart that often seems happy to post whatever was happy to post my whatever. Productreview must still be at their party. I queried the delay that is ongoing – their service level to respond is only 5 days.

There seems to be a pattern of ‘make us’ at Sydney Tools in recent times.

3 Likes

It occurs that companies offering impressive warranties and then refusing to honour them come into this same category. The time and cost of trying to force a business to honour their warranty can be prohibitive especially for smaller value items. The business has no down side if they do not want to cooperate and the litmus test for ‘regulatory’ intervention seems to be companies misrepresenting rights not refusing to honour their obligations unless so ordered case by case.

I wonder how many consumers get done by businesses not honouring their warranties, no penalties apply even if taken to a tribunal? Sydney Tools for one could keep the pressure washer for as long as they wanted playing their game rather than repairing it, eg 2+ months and the warranty repair has yet to be authorised. Will it ever be? What is a warranty worth when provided by such a company?

Trying to get the ACCC/Fair Trading interested is challenging because they only step into the most egregious widespread cases seemingly to make a headline now and then and for everything else they advise what we have to do if we are so inclined.

Love them or hate them but there is a lot to be said about the refund/exchange attitude seen at the Big Green shed, compared to other stores. Puts them to shame.

Choice is running a campaign to petition the Gov to add some real penalties to flouting of consumer rights provided by the ACL.
Add your name.

3 Likes

Not the only business national and large or small and local that handles exchanges and refunds with a positive consumer attitude.

It might prove an interesting new topic or challenge for the community or Choice to suggest the best and worst at handling those difficult situations for most consumers. @BrendanMays

2 Likes

Epilogue: After 11 weeks, multiple submissions of Sydney Tools forms, chats, and phone calls, and a post on Productreview that they monitor and responded to, the pressure washer was replaced without having to go to VCAT.

The resolution is welcome but the underlying reasons why it was so difficult remains unknown.

5 Likes

I just lodged a VCAT application and a credit card reverse transaction against this company for selling me a second hand generator advertised as new. Then they tried to get me to replace the first faulty generator with another second hand generator from dispatch. I called them out on their deception and lies then their attitude changed all of a sudden because they were caught out. I call head office and complain they give me a email address to put it in writing and I do just that. They say the Victorian state manager will call me to rectify the issue. One month later and repeated attempts to head office through email and I am now being ignored. Just lodged with VCAT 5 minutes ago. Luckily I am on a single parent pension so the fees are only $10 for the company extract so far and this process should cost me nothing to persue. I can’t understand how they are able to trade this way without any legal repercussions. Even consumer affairs knew what they get up to because as soon as I mentioned the company name they said we can definitely help take over for you in 5 working days after you put in a final letter of complaint. I will post the outcome as soon as I get one. I am glad I came across this post.

1 Like

Welcome to the Community @Robert.l

Would you clarify which company ‘this company’ is please. We also look forward to hearing your outcome at VCAT.

Company was Sydney tools Traralgon Victoria. They just emailed me today asking for BSB and account number to process my refund. Looks like they didn’t want another VCAT case against them.

1 Like