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Mark
26-10-2007, 06:45 PM
If you pulled the primary mirror out of the OTA of your brand new scope and found a black streak, a scratch and a fingerprint on it, what would you do? :shrug: :whistle:


I know mirrors can have all sort of apparent 'defects' that do not have any effect on performance - just shine a torch onto any SCT primary and you'll know what I mean...but a fingerprint? C'mon! :D

Terry B
26-10-2007, 06:53 PM
Take it back

iceman
26-10-2007, 07:11 PM
ditto what Terry said.

Phil
26-10-2007, 07:32 PM
Band new and finger prints on it i no what i would do.
As already said take it back.
Phil

ballaratdragons
26-10-2007, 07:37 PM
If you took the mirror out, then the shop can easily say "you did it".

But yep, I agree, not very good at all. In fact terrible!

Lee
26-10-2007, 09:10 PM
Put the mirror back in - then show them the fingerprints.....

ballaratdragons
26-10-2007, 09:18 PM
unless they read this forum, which many Astro shops do :doh:

bird
26-10-2007, 09:22 PM
It's a fingerprint... forensic science can determine that it's not yours :-)

In fact you might be able to track down the culprit, call CSI...

Bird

ballaratdragons
26-10-2007, 09:23 PM
:rofl:

citivolus
26-10-2007, 09:34 PM
I ditto take it back. Maintenance work on your scope does not always void the warranty - take Meade for example, who will generally turn a blind eye to "upgrades" installed on scopes that they are servicing.

Eric

Mark
26-10-2007, 10:12 PM
I'll be contacting the dealer. I guess the worst they can see is 'tough'. :shrug:

ballaratdragons
26-10-2007, 10:18 PM
The black mark and the scratch sound a bit strange. That sounds like something done during factory assembly.

Good luck with it, Mark. I hope they replace it for you.

Mark
26-10-2007, 10:30 PM
My thoughts exactly. I'm guessing the black streak may have been part of the process of centre-spotting the mirror, as it starts at the centre ring. I guess the fingerprint is just..well..it's a fingerprint. Fingers and mirrors are a no no. :rolleyes:

Thanks..I'm hoping too.

Mark

g__day
27-10-2007, 01:56 AM
Call dealer, see what he can do - remember all purchases on credit cards are fully covered by the Banking Payments act - so you can always, repeat always invoke repudiation of any credit card payment within 90 days of purchase for goods not fit for service, good not supplied or goods not what you ordered.

Repudiation process is ask for satisfaction in writing for one of the three reasons above. If merchant doesn't comply with your request - call credit card issuer and notify them of a dispute under the credit card payments act and mention you have sent a formal note and you send them and the banking ombudsman requests to process this matter and return your funds. Do these two things in writing and by law, the credit card company or bank must assess your case rapidly and they must inform the banking ombudsman and yourself of progress. Generally they should move any funds you gave as payment out of their account and into a trust account which on resolution will see the balance of the transaction credited back to you - and if they deem it not a frivolous or unjustified case - then the issue becomes between the bank and the merchant.

Your rights under Australian law are very, very significant in this matter.

astronut
27-10-2007, 07:34 AM
Mark,
If it's a reputable dealer (and most are) you should get the mirror at least, replaced.
Sneaking into the conversation that you've taken advice from IIS members may hasten the exchange.;)

Mark
27-10-2007, 07:58 AM
This scope also has a corrector, and I since they are matched (should be matched), they would have to replace the entire OTA.

:sadeyes:

Mark
27-10-2007, 10:50 AM
OK..so I contacted the dealer. The only thing they could do for me is clean the mirror. It is what Meade would tell them to do. If I had advised them immediately upon receipt of the OTA the case for replacement would have been stronger, but now it is to no avail..my warranty is hereby null & void. :sadeyes:

There's no point in me sending it back. I can clean the mirror myself. :shrug:

C'est la vie

g__day
27-10-2007, 10:53 AM
Are you sure that a deep inspection of gear invalidates your protections under the electronic payments act?

I really don't think so, most merchants aren't aware of the teeth this act has until a crediit card issuer, the bank or the banking ombudsman calls them - believe me...

Mark
27-10-2007, 11:10 AM
:shrug: I know nothing.

I don't want to get caught in a poo-fight with anybody either. The issues mentioned may have zero noticeable effect on mirror performance. It's mostly a psychological thing - I know they're there so I'm slightly nauseated.

What to do?

Mark

netwolf
27-10-2007, 12:12 PM
Mark, how many days have you had it. I would get into a poo fight as you say if it was me. Thats just not acceptable. Call them back and demand a replacement. Warranty should cover replacement if mirror is scratched or has a defect. I don't think you can clean a scratch. Did you take any photos of the equipment when you first got it, did you take any photos of the mirror?

Regards
Fahim

Stephen65
27-10-2007, 01:48 PM
The terms of their contractual warranty may provide that if you remove the mirror their contractual warranty is null and void, though that is legally dubious.

However, in any event you have rights under the Trade Practices and Fair Trading Acts that cannot be excluded by any contract term, including that the goods are of merchantable quality.

g__day
28-10-2007, 12:46 AM
If you thought the mirror was damaged - and removed it check and saw it was - I wouldn't say that invalidates your rights under either section 52 or 54 of Trade Practices or as I say electronic payments made by credit.

I just call the guy if you haven't done any damage yourself and say

I've inspected it and as a brand new scope the mirror was factory soiled and damaged - so in my eyes you have sold me goods that are not fit for sale. Rather than any repairs to a faulty unit I want a complete brand new unit - in good condition.

If they hint at no or can't do - you gently escalate

Under my legal rights for fair trading and the credit card processing act if it comes to that I want a total replacement with one that is fit for sale. I am happy to give you this note in writing, and would prefer not to have to raise a dispute to be given goods fit for sale, but if you insist on providing damaged goods for a brand new purchase I will tell my credit card provider to take it up with you. I repudiate the payment and will instruct them to dispute their payment made to you. Your next conversation will be with them and this record will go permanently on your credit record.

If they don't honour their commitments under Australian law - well let them have the fun of arguing the case with American Express or Visa. Suddenly its them versus a mega corp - not them versus your lawyer writing a disputed goods claim under fair trading or trades practices. So it costs you nothing.

Meanwhile AMEX docks their account - and they have to prove to AMEX the goods were fit for sale - not an easy task - most will just role. Next they have an issue with their distributor - but wait - they probably bought on credit (if they're smart) and if they paid with an Australian credit card then they simply repudiate the payment to their distributor for faulty goods. Then their credit card provider takes it up with their supplier.

The hunt can go right back to the folks supplying poor goods.

Credit card payments have significant laws - that go beyond Trades Practices - to protect purchasers. And more - they cost you nothing to invoke and they force the card issuer and their lawyers to act as your proxy with merchant - it costs you nothing.

So wuss out or take up the protections written into law to protect your rights.