thanks so much for the contact details. When I called Godfreys they said they owned the hoover brand so I was only going on what I was told by the company.
I will call Techtronic
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Just be aware TTI may not be the manufacturer, although they own Hoover and the brand. Godfreys have a licence to rebrand products manufactured for Godfreys as Hoover. If possible let us know how they respond.
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Techtronic will be responsible as the warranty information on their website clearly states:
The warranty period set out in these terms and conditions commences from the date of the sale of the product by an authorised Hoover retailer or via Hoover Australia (www.hoover.com.au)
Godfreys is shown as an authorised Hoover stockist on their website (when searching for their product sellers). As a result, Techtronic is responsible for any Hoover branded product sold through Godfrey stores.
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I called the techtronic number and if you click on #1 for buying a product from a retailer it directs you to a voicemail which give an email for godfreys - so that was a dead end, because godfreys are no longer taking liability for their warranties.
Try emailing them, that is TTI using the email address the earlier email.
Edit: TTI might try to duck and weave its was out of fulfilling its responsibilities under the ACL, by saying it isn’t a product covered by their ‘Australian warranty’, Godfreys had a licence agreement with them, Godfreys are only responsible etc’. This isn’t correct as a consumer isn’t responsible for working out any agreements between TTI and Godfreys (TTI is), Godfreys is an authorised on seller/stockist of TTI and it isn’t up to the responsibility of a consumer to work out what Hoover products are TTI or only sold through Godfreys etc. TTI understood the risks of entering agreements with its stockists including Godfreys, including what happens if a stockist goes into administration/liquidated. If they didn’t accept these risks, they should have allowed Godfreys to sell Hoover branded products. A reasonable person isn’t responsible for determining any special relationship between a manufacturer and retailer when making a purchase decision. If this was the case, it would create a huge loophole in the ACL for manufacturers to wipe their hands of any responsibility for warranty claims in the event of a retailer closing down.
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For anyone following this i have gone down many paths and the simple fact is Hoover do not accept warranty claims for items purchased through godfreys - so I just had to buy the part that was not working, which should have been a warranty claim.
They state this on their site
"3) IMPORTANT INFORMATION – CONSUMER GUARANTEES FOR GOODS AND SERVICES
This warranty is in addition to all other rights and remedies you have under the Australian Competition and Consumer Act 2010 (Cth) and the New Zealand Consumer Guarantee Act 1993 and any other laws in relation to the products.
For products sold in Australia, this warranty is subject to the Competition and Consumer Act 2010. For products sold in New Zealand, this warranty is subject to the Consumer Guarantees Act 1993
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law and the New Zealand Consumer Law. For major failures with the service, you are entitled:
-
To cancel your service contract with us; and
-
To a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. "
So keep your receipts for the costs you had to pay, then write them a formal letter/email requesting reimbursement of your reasonable costs. In the letter give them a reasonable time to respond (e.g., 14 or 28 days). If they do not respond favourably, then you can take up the issue with your State’s Fair Trading body. If they will not or cannot resolve the issue, then you can lodge a case with your State’s Civil and Administrative Tribunal for determination of your claim. The costs to lodge are not usually onerous and if a pensioner or receiving a Centrelink or Veterans Affairs benefit often the fees can be reduced or even waived.
Qld Application Fees
| Disputed amount | Fee |
|---|---|
| $0 to not more than $500 | $26.35 |
| More than $500, but not more than $1,000 | $67.70 |
| More than $1,000, but not more than $10,000 | $120.50 |
| More than $10,000 | $338.20 |
Again for Qld
Financial hardship
QCAT can waive a fee or reduce an appeal fee if it would cause or would be likely to cause you financial hardship.
The options for QCAT fee payments are:
For appeals:
- Payment of the full fee; or
- A reduced fee of $100 due to financial hardship.
All other matters:
- Payment of the full fee; or
- A fee waiver of full fee due to financial hardship.
To be eligible for a fee waiver or an appeal fee reduction, you must meet the following criteria and provide the relevant supporting documentation.
Eligibility Criteria
QCAT is satisfied the payment of fee would cause, or would be likely to cause financial hardship if you are:
- In receipt of a full pension or benefit (maximum rate) from Centrelink or Veterans’ Affairs;
- Under 18 years of age;
- A protected person under a current domestic violence order;
- In receipt of a grant of legal aid.
Note: Not all payments received from Centrelink are considered a pension or benefit. For example, Family Tax Benefit (FTB) Part A or B is considered a tax benefit, not a full pension or benefit. Therefore, FTB is not an eligible payment for the purposes of seeking a QCAT fee waiver.
Most other States should offer similar rules, and in some CATs the cost of making the application and other fees paid can be recovered. Some are only recoverable in some States if the amount is over some limit imposed by that State’s legislation
NCAT fees (note for pensioners and similar the fee is reduced to $15 for Consumer Claims under $10,000)
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They are closing their doors in 4 weeks. Once they close there is noone to repay the costs incurred and by the time you go through that process of waiting 14 days for a reply then lodge it with the dept fair trading the company would have folded and the money is gone
I think the suggestion is to make the claim on Hoover Australia Pty Ltd which is supposedly owned by TTI - Techtronic Industries Australia Pty Ltd, which is listed as the Australian office of TTI - Techtronic Industries Company Limited. A listed company registered in Hong Kong. The Hoover Brand is owned by the HK based parent.
There is an assumption Godfreys has purchased their Hoover branded products through TTI or from a TTI factory.
As @grahroll has explained the ACL and consumer guarantees remain enforceable on the manufacturer when a retailer is no longer in business. Unfortunately without legal support such as that provided by Fair Trading etc TTI’s Australian offices appear ready to push Godfrey’s customers away.
Reality is many Australians have purchased Hoover branded product from Godfreys. TTI and Hoover Australia would appear to be running a risk of the brand reputation being significantly damaged by pushing warranty claims away.
TTI’s Australian Office details are listed from the HK parents web pages as follows. It is a more direct pathway to the Hoover brand owner and potential manufacturer. This is a separate business entity to Hoover Australia Pty Ltd.
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Good point I didn’t take it to mean that so thanks for adding that information. I will go down the path of hoover and even ask for a full refund on their entire product and see how it goes.
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Sorry my reply was to your post that Hoover were not going to honour warranty or indeed ACL claims for their manufactured products. They have an obligation when a retailer they supply (in this case Godfreys) goes out of business.
The excerpt about the ACL rights was from Hoover’s (TTI’s) site not Godfreys.
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even more interesting thank you
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I checked with my local store (Epping, Vic.) & despite all of the media reporting about all stores closing, apparently this is not the case. Thankfully, my local store will not be closing. I assume that they are a privately owned small business?
Assume they are a franchisee? If it’s important it would pay to ask what the arrangements are after 31st May. There are questions to ask re the future trading name of the Epping Store and any other franchise store. Includes asking who/brands the store will be purchasing product from and how warranty will be managed on previous sales of Godfrey branded product.
The ACL directs the retail store is responsible for warranty. Something that Godfrey’s likely supported franchisees with for their own brands, and which appears to have ceased with administration. The last is very important. According to the administrators customers of the franchised stores have been directed to go to the same store the product was purchased from.
