Right to Repair - Productivity Commission Inquiry

6 posts were merged into an existing topic: New Computer (un)reliabilty & warranty

An article by Choice.

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There are a number of issues conspiring against repairing appliances:
o Planned obsolesce, a marketing strategy to stimulate a replacement market. This is a highly objectionable business practice that may be resolved by legislation – extended warranties for a product.
o Manufacturers monopolizing the repair of a product thus forcing the consumer to use the supplier’s service. An example is the repair or replacement of car remote control keys (the electronic keys that lock or unlocks the car doors and in some models replaces mechanical ignition keys, a Japanese manufacturer wanted $495 to replace on such key) and similar product specific components. This should not be too difficult to resolve with revised and extended warranties.
o Cost of repairs for some low value items where the maintenance labour cost is high compared with the product’s prices – difficult to resolve.
o Shortage of specific parts and components in the domestic market – again, difficult to resolve.

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iPhone 7

I know that seems like an old phone but I purchased it November 2016 and a little over 2 years later Apple refused to replace the motherboard (at my cost). They told me the only option I had was to buy a new phone.

I look after my phones when the iPhone 7 would not start I reverted in the meantime to my 4s. It was still in perfect condition.

Consumer goods are not being made to be fixed. It is a right in the legislation to have the ability to repair goods but manufacturers are not being held to account.

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Hi @Annieeeee, welcome to the community.

Apple is notorious for making money from its customers and walking a very fine line when it comes to the Australian Consumer Guarantee.

The advice that the phone can’t be repaired will not be correct (there are third party repairers which advertise motherboard replacements - it might be expensive repair option) and was probably provided so that they make more money from you by getting you

I hope you didn’t leave your own phone with them as they will repair it and sell it on as a reconditioned phone to someone else.

Apple have some very shonky practices, not the in the interest of the consumer.

I would also be writing to Apple Australia and carbon copy (CC) the ACCC in about your experience and unwillingness to repair your phone. If you lest your phone with them, say that they were willing to take your phone, repair it and sell it on to someone else. The same repair wasn’t afforded to you.

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I did call ACCC and there was nothing I could do except for going to VCAT.

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Calling the ACCC is known to be a waste of time in the first (and often Nth instance) since they do not often take a case of one, only when there is a case of many and a precedent to be set.

Sending a well researched ‘Letter of Complaint’ often gets a good outcome. My experience.

When there is no acceptable remedy forthcoming from a Letter of Complaint VCAT is unfortunately the next ‘stop’ for those so inclined.

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I’d like to bring to the community’s attention a Fair Trading NSW matter I have underway against Vileda. I bought a SpinMop set for about $55. Within 3 months the mop pole broke. I contacted Vileda to ask where I could buy a replacement. Their response: “no replacements are available, you will have to buy a whole new set” (for $55).

I wrote to Vileda and explained that under s 58 of the Australian Consumer Law they MUST provide replacement parts. They wrote back to say they will not. Vileda is owned by a German Co.: Freudenberg GmBH which either don’t know what their duties are under Australian law, or don’t care. This was the response from Vileda:

“Our representative provided you with the correct information. We do not sell spare parts of our mop system separately as they are only sold as a complete unit, only the refills are sold separately.”

I have reported Vileda’s refusal to comply with the law to Fair Trading NSW and Choice. Don’t support a company that will rip you off and refuse to obey the law.

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Welcome to the Community @andys8989

You might best craft a ‘Letter of Complaint’ to the shop manager where you originally bought the mop. If you can establish it should have lasted longer, or no parts available, or any justifiable grounds, you could ask for a remedy of a new replacement mop.

The retailer from which you purchased your mop cannot legally fob you off to Vileda and has ‘ownership’ of the problem. You can find lots of information on your rights and the process using the Community search tool, including the fines levied on multiple Harvey Norman franchises for misrepresentation of same.

Please let us know how you go.

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Another option is take it back to where you bought it, say you would like a refund as it is a major fault under the Australian Consumer Law. Buy an alternative non-Vileda product.

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Thanks Phil. So is Woolworths also responsible for providing spare parts?

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A few thoughts:
Buyer point-of-sale info is good, but new products are pouring out constantly. Who does the assessments? How can it very quickly get attached to the products? My though is that Consumer Org needs to support “Tear-Downs”. Youtube is full of them. Experts acquire new products and immediately pull them apart to test for repairablity, component strength and quality, design or assembly shortcuts that obstruct or prevent repairs, and just the all-round shoddiness (or otherwise) of the item in question. controls & Interface-logic should also be explored. Of special note to me is the ‘handedness’ of the product. Too many things are actually unsafe for left-handers to use (eg: biased location of power-tool safety-switches, and thin-sided oven gloves (YES! They do!))
So who does the tear-downs? Who pays? Who collates? Etc, And who funds?

  1. “Life-hacks”. I’ve pulled apart and cleaned many cooling fans, usually doubling their lifespans by simply cleaning the crud out of the bearings. Few people know this. Any handy-person can do it. WHAT IS NEEDED is a ‘user manual’ of simple life-hacks to extend product life - and a network of qualified tradies willing to do these simple services (Because regulations - which I ignore.)

3). A rapid-response service via internet, for early warning on products that give trouble - so that the info (confirmed by professional tear-downs) is quickly and widely diseminated to the wider public.
An example is the dreadful tale of the Bunnings Ozito garden shredder [*], where a widespread warning would have saved consummers a lot of $$ and trouble.
That’s all for now,
Gedbury
[ * I’ve done the teardown. Anyone interested, I’ll forward you my document.]

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No, they are responsible for ‘making you whole’, eg resolving your consumer rights regarding a product they sell. As with manufacturers, if your rights have not been properly upheld remedies can be, case by case dependent on the circumstance and product detail, a repair, replacement, or refund.

Your Woolies manager may initially struggle with the concept, or be quite familiar with it, but s/he ‘owns’ it. Whether your rights under the ACL have been violated is for you to document and establish, not a given. If you can document Vileda has not complied with the ACL regarding parts a replacement or refund may be in order.

The crux of the issue will be how long a $55 mop should last in any case vs how long it did last, considering its claimed quality, price, and market position from advertising, labelling, web site information and so on.

Sometimes a polite conversation and request gets a resolution, and other times presenting a formal letter of complaint is required, and sometimes taking it higher than a local manager.

Search the Community for more explicit guidance.

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We have generally found Woollies (number of different stores in Qld and Tas) good when returning items. As long as one is polite and clearly explains what the problem is, a refund is usually given promptly. One can then chose to repurchase the same item or an alternative.

Providing you didn’t damage the mop from misuse, I would take the mop back to the Woollies customer desk, along with proof of purchase, and ask for a refund. Say you have spoken to the manufacturer and they don’t offer spare parts for defects or manufacturing faults.

A reasonable person would expect a $55 mop to last a lot longer than a few months.

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Welcome to the Community

I encourage you to read more about the CHOICE thrust to get meaningful Right to Repair at https://www.choice.com.au/shopping/consumer-rights-and-advice/your-rights/articles/stronger-protections-and-repair-rights-for-household-products and here on the site at Can we fix it? Building a meaningful right to repair for Australia. Also I encourage you to add any other of your thoughts to the call either here at the topics or by providing a submission or experience to Erin Turner at community@choice.com.au (marked in the subject line with Attention: Erin Turner).

My favourite goto for repairing items is iFixit (https://www.ifixit.com/), it may also provide you with some great ideas and tips.

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This hasn’t been done to us by subterfuge - we’ve largely brought it on ourselves. Despite living in the richest country on Earth, each of us claims to be poor. As a result, Bunnings, Coles, and Woolworths have thrived, particularly in the last 20 or 30 years.

We’d rather buy 10 “bargain” toasters for $15 each over 10 years, than one $100 toaster.

The catch is when the $100 toaster lasts as long as a $10 toaster, which is what currently happens in the absence of the consumer’s ability to judge quality and durability.

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@allant started a topic on batteries, so rather than replicating his point here for @ErinTurner, a link to his main topic.

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A post was merged into an existing topic: Smart Watch Battery replacement

Welcome and thanks for the great thoughts @Gedbury. We’ve also been thinking a lot about the value of tear-downs as part of any scheme that would rank and rate product durability and repairability. We’ve made the argument to the Productivity Commission to set up a system similar to the Water and Energy Labelling Scheme (WELS) that could include a tear-down assessment.
Your point about “handedness” isn’t something that’s been part of our thinking to-date (and it should be - it’s a great point! Absolute right-handed blind spot from me on this).

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Really interesting - thanks @allant - watch issues have come up a few times in the Productivity Commission inquiry. This case shows why!

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