I recently connected to the NBN via Aussie Broadband (OZ) and transferred my phone number across to Oz’s voip service.
I have a faulty BYO TP Link modem, where the VOIP portion of the modem does not work (Unable to take or receive calls, no dial tones,etc) . Tried to attach different cordless phones and changed the phone cables, same problem exists. Eventually both Oz & TP link confirmed that the Voip portion of the modem is faulty and the recommended way to address the problem is to have it replaced by TP-Link under warranty. as they cannot repair the modem.
I also have a problem when copying large files or streaming movies, it freezes on my PC. I do not have this freezing issues with 2 of my old modems (Billion and Telstra Gen 2).
I was not happy with the modem as it had multiple problems and wanted a refund and took it up with the retailer (Wireless 1). Unfortunately Wireless 1 considered the problems as a “minor problem” and offered only a replacement modem.
Unfortunately, the ACCC in their response was not much help and could not offer legal advice to determine if the problem was a major fault or minor. They referred me to the Department of Fair Trading or the Small Courts Tribunal to resolve the issue.
I’m tempted to take it up with the Department of Fair Trading as I consider the problem as a major problem as the modem cannot be repaired and it has multiple problems.
IME TP-link makes decent products so your experience seems atypical.
Since there is a documented problem with the VOIP portion of the modem there could be other faults with it affecting other services such as tcp/ip, VDSL, etc. so I would take a replacement modem in the first instance.
If the replacement was also troublesome you would then have evidence that the product was the problem, and you might make a formal complaint using the ACCC letter of complaint tool to keep it formal.
Does the PC freeze or does the modem seem to stop sending data?
Have you also checked the modem settings are correct for your RSP? Your RSP should be able to provide the settings for modems. As it is a BYO modem, they might not have a step by step guide for that particular modem, but should have a general setting guide.
If it is an incompatibility problem for some reason, as it is a BYO it may fall into the change of mind under the ACL…unless Wireless 1 indicated specifically that the original modem or the modem replaced under warranty was suitable for your NBN connection.
Does the PC freeze or does the modem seem to stop sending data?
Modem seems to stop sending data between my NAS drive. Same thing happens when streaming movies from my NAS drive. The other 2 modems (Billion and Telstra Gen 2) do not have this problem.
Have you also checked the modem settings are correct for your RSP? Your RSP should be able to >provide the settings for modems. As it is a BYO modem, they might not have a step by step guide for >that particular modem.
This is a recommended modem by the R.S.P. They have screenshots for all the settings including the voip settings.
If it is an incompatibility problem for some reason, as it is a BYO it may fall into the change of mind >under the ACL…unless Wireless 1 indicates specifically that the original modem or the modem >replaced under warranty was suitable for your NBN connection.
This modem is NBN certified.
Aussie Broadband have confirmed that their other customers have this type of modem and they have not experienced any of these issues, so this modem appears to be a lemon by developing a fault for the voip portion.
You will probably find fair trading agrees it is a minor issue with a known defective product, a once off, so expects you to do the replacement first. In your place I would get the replacement and see how it goes since it is a quick experience as compared to awaiting response times who might advise you to do the same.
No this is not the case. As the fault has been deemed a minor fault by the retailer, the ACL states that refunds only apply to major faults…namely, from the ACCC website
Replacements and refunds
You can ask for a replacement or refund if the problem with the product is major.
Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.
The business may take into account how much time has passed since you bought the product considering the following factors:
type of product
how a consumer is likely to use the product
the length of time for which it is reasonable for the product to be used
the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.
If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.
As the modem repair is possibly impracticable (repair cost may be more than the value of a new modem), Wireless 1 has chosen to offer a replacement which it can under the ACL. This is also consistent with the ACL as the ACCC website states:
You don’t need to trust Wireless 1, one can determine this by reading information on the ACCC website. To be a major fault, it is where:
the failure is so serious that a consumer who fully understood the failure would not have made the purchase
the goods differ significantly from the description given, or sample shown
the goods are substantially unfit for the purpose for which such goods are generally used, or for a purpose made known to the supplier, and cannot be modified to make them fit; or
the goods are unsafe.
If the product is a one of or infrequent manufacturing fault…or parts failure, then it would sit in the minor fault category. If every product they produced has the same fault or the high chance of the same fault, then this would possibly be a major fault.
Is it worth the grief to go to fair trading to find out they class the fault as minor?
They will most likely contact the retailer and/or manufacturer to make such a determination…and if they contact Wireless 1 they will say that it is a minor fault and under the ACL, offered resolution to you through a replacement modem. If Fair Trading hears this and you worked for Fair Trading, what decision would you come to. The advice is likely to be that the retailer has done the right thing and that the replacement shoukd be accepted.
I’ve just read this thread for the first time. It has grown very quickly. Going to Fair Trading is always a good option. For advice or when all else fails.
From your comments your basic understanding of network devices is greater than the average consumer. EG swapping between two other modem-router devices, VoIP setting, and networkIng a NAS with streaming purposes.
I’m left wondering as you are. Is the TPLink product in general ‘fit for purpose’?
The comments from Aussie Broadband, who have zero interest in the sale, suggest it should be. The evidence is in the success of the same product with other ABB customers.
Who knows for sure what Fair Tracing might suggest? The modem router you purchased and have been supplied may just be a faulty one off example. It will be helpful if you can share how this is resolved.
Assume before purchasing the TPLink product you were able to search the web for feedback on the model selected. The issues you have had with your TPLink modem router are ones that would be prominent in web forums if they were a common fault.
Just reading all the posts again, I wonder if in the background there may be also change in mind, especially if one is a more advanced user… wishing one had bought a different model/brand after it’s purchase or the problem arose. This could either be buyer’s remorse of finding out there was a different one which may have done the job better or more functionality…it could even be being disappointed that the new one failed to work properly due to the fault and doesn’t want to support TP-Link as a result as it is the first product purchased from them (thinking there is quality issues with all products from this manufacturer).
Alternatively has there been a falling out with the retailer?
The retailer has also offered a resolution under the ACL which hasn’t been accepted even though as a minor fault the retailer can chose the resolution…there appears that there may be more going on.
Sorry for such a late reply but if you bought the modem on the basis that it also had VOIP capabilities then under ACL it is a major fault as it didn’t do something it was advised it would do. As a major fault it then becomes your choice of repair, replace or refund not the business’s choice of what they will do.