Help: Bought a dud Skywatcher Esprit 80....

[HenryNZ]

Hi

I need some advice from someone who knows consumer laws please...

I live in New Zealand and recently I have bought a Skywatcher Esprit 80 from one of the Australian authorised retailers while I was in Australia to make use of the tourist refund scheme. However, on my first use I found the Esprit to be defective when used photographically. The defect is one that has been documented previously on other internet sites and has something to do with collimation. I promptly contacted the Australian retailer basically within 3 days of the purchase but he/she redirected me to Tasco who supposedly handle all warranty claims related to Skywatcher products. It so happened that my brother was visiting home (NZ) at that time so I asked him to bring the telescope back to Tasco at Sydney (the retailer is not in Sydney). It has been more than 10 days now and I have not heard anything back.

I am not familiar with consumer law in Aus but in NZ I would have long returned the telescope for a refund. But this split model of sale (by the retailer) and warranty (by the distributor) just make the whole thing so complicated.

I am really frustrated as I am now $2000 short without a telescope. I am having doubts whether Tasco can actually fix the telescope properly and how long it will take them to fix it.

Any advice how I should proceed? I just want to arm myself with more knowledge of the rules and regulations before I contact Tasco again.

(I have quite deliberately not mention the name of the retailer or the specific of the fault on a public forum as this matter is still in dispute but would be happy to share it in PM)

Many thanks

Henry

[Zincberg (Andrew)]

Australian retail law deems that a faulty item may be returned to the place of purchase for assessment. If the place of purchase finds manufacturing fault in the product, then it may be repaired or replaced or a refund can be issued. Note that it is at the retailers discretion whether or not a refund gets issued, not the consumers.

Its quite normal for you to have to take/send a product back to the importer/ manufacturer here. After all, they are the ones likely to need to repair or replace your item. Often if you take it back to the place of purchase, they will need to charge you freight back to the manufacturer anyways... so better off you doing it.


Just call Tasco, its perfectly reasonable that you would ring and check on the progress of your item. However, I have noted that there is an advertisement on the right hand side of the page, from tasco...requiring a telescope technician, so maybe thats why yours is taking a little while

[HenryNZ]

Thanks for that Andrew. I guess I am a bit spoiled in NZ as refund is more readily given out, especially for essentially new item with a demonstrable fault. I guess I never expected problem in the first place and shame on me for not doing my research on after sale properly.

If I reside in Aus I actually don't mind going back and forth a bit to get it fixed but every time I have to send it back to Aus it will cost me an arm and a leg and that's why I am keen for a clean break with a refund.

[casstony]

My interpretation is that the law would deem this a major failure of the product, therefore the consumer has the right to repair or refund from the retailer (consumers choice). With a minor failure it's the suppliers choice.
http://consumerlaw.gov.au/files/2015...tees_guide.pdf

[iborg (Philip)]

I suggest you look over this website from the ACCC

https://www.accc.gov.au/consumers/co...replace-refund

You should find the information you need here.

You may also want to refer the seller to this site. Many don't actually understand their responsibilities.

Good luck

Philip

[rally]

Henry,

Why on earth you havent contacted the distributor directly ? . . . before posting all of this is beyond me.

10 days since you gave your brother your scope to take back to Oz to be sent to Tasco, to be assessed and repaired and then returned - doesnt seem long to me.
For all we know a new one is in the post, or its being fixed or repaired.

Call the distributor, speak to them first, get the facts and then complain if in fact there is a problem.
Tasco is a large reputable firm and probably sell more telescopes in Australia than everyone else put together - I am quite sure they will be ethical to deal with.

Rally

[HenryNZ]

I am not complaining. I am merely trying to get to know my rights before I contact them again. I think I have been very careful in my initial post not to use any inflammatory language.

[doppler (Rick)]

I am sure that if an item is defective out of the box it is a defective product and not a waranty issue and should be refunded or replaced with a new one. Waranty only applies when a fault develops after a period of use. I have taken many things back for a replacement that didn't work properly from new. There is usually a period of a week or two after purchase to do this. Check the companys web site they should have a terms and conditions page to explain their returns policy. Sometimes you need to make a bit of a rant to be taken notice of. The company will always take the easy way for themselves. If they give you a replacement then they have to deal with the dud and are short one saleable item themselves.
Good luck

[HenryNZ]

Rick: what you described is very similar to my experience with other purchases in NZ. When I buy items from big outlet like JB hifi, jaycar or the now defunc Dick Smith I can usually get refund right away for defective items or exchange for one that works. having to wait one day to get it fixed is one day too long in my opinion but like I say I do not know the rules and regulations in Aus and I do not want to prejudge a company using my local set of rules without checking here first.

[doppler (Rick)]

If it was a minor problem the shop should be able to sort it out without having to send it away. Here's an interesting fact sheet.

https://www.moneysmart.gov.au/media/...ing-rights.pdf

[bugeater (Marty)]

Originally Posted by Zincberg

Often if you take it back to the place of purchase, they will need to charge you freight back to the manufacturer anyways... so better off you doing it.

are you serious?
If a retailer ever tried to charge me freight to the manufacturer to get a faulty product repaired.....
I'd be refusing and then pointing out their responsibilities under the law.

The retailer is responsible for ensuring the product is of acceptable quality. Not the manufacturer. The manufacturer will probably get involved, since, yes they are qualified to repair the item, but the onus isn't on you to deal with them.

[xelasnave]

You seem to say you knew these scopes may have the problem may I ask did you find out before or after purchase.

It may be a blessing if it comes back with the problem really fixed.

Keep calm and talk to the people be polite and I suspect it will all work out.

Alex

[HenryNZ]

The problem was reported previously in 2014 but is understood to have been rectified. There was no reason to believe that this problem can still crop up. However I am happy to wait for a few more days to see what happens. Sounds like Tasco has good reputation and I am prepared to give them the chance to rectify the problem.

[Merlin66 (Ken)]

Henry,
Did your brother get an RMA authority # from TASCO?
Makes it easier to track and discuss.

[codemonkey (Lee)]

Legally speaking a retailer cannot force you to go direct to the distributor to resolve this issue, but practically speaking you may well be better off doing it (faster turn around).

Definitely call Tasco. I tried to contact them via email and it was weeks and only when I sent hostile follow-up emails that they actually got back to me.

Good luck.

[HenryNZ]

I did get a RMA number. To be fair to Tasco they did issue the RMA number pretty quickly when I rang. I guess I am just frustrated that I have to go through this hassle with a new telescope. If a problem arises after some use I would be more accepting of the hassle that I have to go through. But for a new purchase I would have expected either an exchange or a refund once the telescope is returned, rather than having to wait for an assessment, wait for repair, and still take the risk that the repair may not be satisfactory.

But like I said, I will give them the benefit of the doubt and make contact with them in a few more days time (when they have full two weeks) equipped with all the useful knowledge about my rights that you all have kindly share with me.

Wish me luck.

[alpal]

It can be hard to collimate a refractor.
I know someone who had to send a Takahashi back to Japan to get it collimated properly.

I hope they fix it OK.

[Exfso (Peter)]

Originally Posted by alpal

It can be hard to collimate a refractor.
I know someone who had to send a Takahashi back to Japan to get it collimated properly.

I hope they fix it OK.

That was me a couple of years ago, unless you know someone else

[HenryNZ]

I did read your collimation woes Peter. I hope Tasco won't goof up the "repair" of my telescope. A triplet is not exactly easy to collimate without an optical bench.

[alpal]

Originally Posted by Exfso

That was me a couple of years ago, unless you know someone else

It was someone else.
It's one reason I like Newts.