Good afternoon, This is an email that I just sent to Choice
I am a member
I purchased an Omron HEM7144T1 monitor from Chemist Warehouse Maroubra on 31 October 2022, around 6 weeks ago.
We had an Aldi blood pressure monitor for at least 5 years without any issues, in fact, we have passed it on to one of our sons to use.
We decided to upgrade??? to an Omron unit.
It worked fine for about 2 weeks and then started giving Error 01 messages constantly on rare occasions it would provide a reading after many error messages however, now it will only give E1 messages. I have replaced the batteries twice to ensure battery power was not an issue.
An hour ago I tried to return the unit to Chemist Warehouse in Maroubra but they would not accept it and I was advised to contact Omron. When I rang Omron I was directed to J A Davey their repair agents.
When I spoke to a person at J A Davey in Victoria I was told to send the unit at my expense to J A Davey at 7A Tilley Place Frenchs Forest 2086. Apparently, the terms and conditions state to return the unit at my expense.
I advised both Chemist Warehouse and J A Davey that ACL states that the unit should be returned to the retailer, but to no avail.
I mentioned that I am a member of Choice Australia Consumer Organisation but to no avail.
I feel that they are being unreasonable given that the unit is only 6 weeks since purchase.
Should I just bite the bullet and send the unit to J A Davey at my expense and as Christmas is near perhaps not receive a repair or replacement until the new year?
Harry
I agree with @Gregr, go back to Chemist Warehouse and take a copy ofā¦
Especially the part that saysā¦
Businesses are responsible for resolving problems with products they sell to consumers.
Businesses must not tell consumers to go to the manufacturer for a solution.
However, for some consumer guarantees, consumers can choose to seek a solution from the manufacturer, rather than the business they bought the product from. If they do so, consumers will only be entitled to be compensated for the drop in value caused by the problem and, in some cases, other compensation. A manufacturer may offer to resolve the problem by providing a repair, refund or replacement, but consumers cannot demand this from the manufacturer.
It is possible that Chemist Warehouse will point to their terms and conditionsā¦
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, ChemistWarehouse.com.au MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, ChemistWarehouse.com.au EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE āCONSUMER GUARANTEESā OUTLINED IN THE AUSTRALIAN CONSUMER LAW (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ChemistWarehouse.com.au ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL ChemistWarehouse.com.au, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
to try and bamboozle you into thinking they have no responsibility and you need to deal with the manufacturer yourself. This is incorrect and is inconsistent with the Australian Consumer Law.
If they persist in deflecting responsibility, ask for the head pharmacist. If the head pharmacist continues the charade, ask for their full name an contact details so that you can use them in a formal complaint to the ACCC and Office of Fair Trading.
If they still continue their charade, say you will be lodging a complaint and instigating a credit card chargeback. Hopefully this is enough for them to come to their senses.
I agree with @Gregr & @phb it is up to the retailer to sort out the problem.
I suggest that you read Consumer rights and guarantees | ACCC and Repair, replace, refund, cancel | ACCC,
and perhaps print them out and take them along with the faulty product back to the Chemist Warehouse with you.
Talk to the pharmacist-in-charge (equivalent to the store manager) and not to sales staff. If necessary show the pharmacist the extracts, especially the section on Major Problem with a Product/Solutions where it says:
āWhen a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a refund or a replacement of the same type of product.ā.
Well, I just phoned Chemist Warehouse Maroubra and talked to a pharmacist who would not tell me the name of the manger and would not put me through. She again stated that they are not allowed to accept Omron products in the store when there are faults. I got no where and at the same time I donāt want to destroy the relationship that I have with the normally efficient Pharmacists at CW.
Perhaps I need to contact Consumer Affairs, however, there response will probably take weeks.
As I posted in another topic Consumer Affairs Victoria (not NSW) actually rang me two days after my submitting a complaint. Make a complaint and see how it goes. It appears CW or Omron or both are doing a number on you.
It could be the Marouba CW is a rogue store. CW is a franchise operation and some shops might be brilliant and others like Marouba are pushing the edges. Perhaps the franchisee there is keen to join the Harvey Norman franchisees that have been fined for misleading customers?
I donāt think itās a rogue store -I received exactly the same advice when I asked at a different Chemist Warehouse about my Omicron blood pressure monitor - which was also giving E1 error messages. The shop assistant went to her computer, and then told me it was āstore policyā that they could not assist with faulty Omron products.
My monitor is not new though -itās several years old. And before I had a chance to ring Omicron my monitor started working again. But after reading this thread, if it stops again the replacement will not be Omicron or from Chemist Warehouse!
Either way it should be documented and reported to Fair Trading.
FWIW a search suggests the E1 error is common on Omron products - apparently very (overly?) sensitive to the cuff and connection. While you have to persevere with it try disconnecting the cuff and reconnecting all fittings you can to see if it helps.
I have an entry level Heart Sure Omron product and it has been reliable and has always matched the GPs unit +/-. Interesting their cheapie can be so good and main range so irritating.
I attend a Seniors Gym and they use 4 Omron monitors. I have never had an issue with them over the last 8 years. Mine must just be a faulty unit although a newer model.
Last evening I hand delivered a letter to the Manager at Chemist Warehouse Maroubra. No response yet, however, J A Davey (the service agents for Omron) have responded and will send an address paid envelope to my home address. I guess that I will stick that on to the package I and when I decide to give up on Chemist Warehouse and just send it for service to J A Davey.
The response from J A Davey was because I wrote to them complaining that I was expected to pay the freight. This was not in response to my communication to (one way) Chemist Warehouse Maroubra.
Thanks Judy for your input. If I receive a refund which I donāt expect to get, I will buy another brand. In the 70s I worked for an Electrical/Electronic company and they had the agency for Omron Electronic Equipment. I had a very high opinion of the Omron brand at that time.
I fully agree, our Aldi model worked fine for at least 5 years and is still working at the home of one of my family members. Maybe I should not have given it away?
I am happy to report that I managed to get a phone call from the manager at Maroubra CW asking that I bring the unit in for testing. The first test worked ok, however the next one resulted in an E1 fault. I received a full refund and ended up purchasing the top model recommended by Choice. My faith in CW Maroubra is restored. There appears to be some leakage from the hose connection on the model that I had purchased initially. The unit that I purchased based on Choiceās recommendation does not have a hose and is not a wrist one which I believe might not be the way to go.
Vendor terms of sale donāt take precedence over statutory obligations, and no amount of salesperson or store manager waffle can change that.
You cannot contract or disclaim your way out of the law.
It should be noted that Chemist Warehouseās (website sales) disclaimer / LoL acknowledges it has obligations under Australian Consumer Law that it canāt wriggle out of. They know theyāre on the hook if the product fails as it appears to have failed.
