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

[kittenshark (Cheryl-Ann Tan)]

Originally Posted by 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.

Huh... the retailer who sold it to you should be doing the legwork and you shouldn't have to be chasing Tasco for it, though you might have better luck dealing with Tasco. They've got pretty good service in our dealings with them.

It is a bit tricky if you are living outside Australia. Sometimes warranties do not cover overseas imports (but I'm not sure if that's legal to say so). The risk to you is that you have to pay for shipping things back if it needs repair. This is why it's best to buy local.

ACCC states:

The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer. You can approach the manufacturer or importer directly, however, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer.

Your scope would come with Skywatcher's 5 year warranty so it is perfectly valid, but you'd still have to deal with the dealer you bought it from for service. (Also refer to ACCC website for rules about repair/replacement/refunds.)

Most specialist telescope retailers here are pretty good with their service but occasionally you do hit the occasional bump, especially when having to handle more unusual cases. Many of them are very small businesses (here it's only me and my partner) and can get overwhelmed occasionally. Often the case big/expensive scopes don't have a very high profit margin on them so it is difficult to deal with after-sales without making a loss.

This is Tasco's policy:

Warranty

In the event of a warranty claim for a faulty item, Tasco can opt to: 1. repair the item, 2. offer a replacement item, 3. issue a store credit against future purchases, 4. issue a refund. Make a Warranty Claim here In most cases, Tasco will attempt to resolve the warranty claim by taking the above steps in the order they are shown.


Freight and Handling

You (the customer) will be responsible for costs incurred in returning the faulty item to Tasco for assessment. You can choose any shipping method when returning an item to Tasco (courier, reg post etc). In turn, Tasco will cover all costs in returning the repaired/replaced item back to you (using StarTrack Express courier or registered post).


International Warranty

We will need a copy of your proof of purchase to determine firstly that the item was purchased from an authorized Australian retailer who would have purchased the item from us and secondly to determine the date of purchase to make a determination regarding if the item is still within the the warranty period. We do not cover warranty for product purchased from non-authorized retailers, individuals (Ebay) or those importing directly from overseas.


What am I covered / not covered for?

Warranty does not cover intentional or accidental abuse, or misuse of a product. It will also not cover items that have been used for purpose other than for which they were designed. Accidental damage (liquid spills, drops or breaks etc) are not covered by warranty. Warranty will be void if the internal components of any electronic device show evidence of being tampered with. Warranty will cover only genuine manufacturing faults. If a warranty claim is lodged, and it is found that user-error or user-misunderstanding contributed to the fault, the item will be repaired (if needed) and returned to the customer for a fee (see below - No Fault Found)


Proof of Purchase

If you do need to lodge a warranty claim, you will need to provide a copy of your original Tax Invoice.

[doppler (Rick)]

"Freight and Handling

You (the customer) will be responsible for costs incurred in returning the faulty item to Tasco for assessment. You can choose any shipping method when returning an item to Tasco (courier, reg post etc). In turn, Tasco will cover all costs in returning the repaired/replaced item back to you (using StarTrack Express courier or registered post)."



The customer shouldn't be out of pocket for a failure in quality control, the scope is brand new and doesn't work as specified.

[bugeater (Marty)]

Freight and Handling

You (the customer) will be responsible for costs incurred in returning the faulty item to Tasco for assessment. You can choose any shipping method when returning an item to Tasco (courier, reg post etc). In turn, Tasco will cover all costs in returning the repaired/replaced item back to you (using StarTrack Express courier or registered post).

This sort of thing really make me angry. Either they are ignorant or are being purposely misleading (hmm misleading and deceptive conduct....). Neither fills me with much confidence. Firstly you don't even need to deal with them. You deal with the retailer. Secondly you are allowed to claim reasonable transportation costs (i.e. postage) from the retailer.

It's been a while since I did my contract law, but basically your contract is with the retailer and the retailer only. If they sell you something dodgy, they are responsible for rectifying the situation. As far as the consumer is concerned, that's all that matters.

[kittenshark (Cheryl-Ann Tan)]

Originally Posted by doppler

"Freight and Handling

You (the customer) will be responsible for costs incurred in returning the faulty item to Tasco for assessment. You can choose any shipping method when returning an item to Tasco (courier, reg post etc). In turn, Tasco will cover all costs in returning the repaired/replaced item back to you (using StarTrack Express courier or registered post)."



The customer shouldn't be out of pocket for a failure in quality control, the scope is brand new and doesn't work as specified.

I took this from the tasco sales site, and I think this warranty was directed to their customers (the dealers), not the end consumer.

If you bought it direct from them (wholesale), yes according to them you have to pay shipping back.

If you bought it from the retailer, it would depend on the retailer's warranty terms and conditions so you need to consult the retailer, not Tasco, if you want to claim shipping and such other costs.

It is not misleading if it's clearly stated, but is it good service?

[bugeater (Marty)]

Originally Posted by kittenshark

I took this from the tasco sales site, and I think this warranty was directed to their customers (the dealers), not the end consumer.

If you bought it direct from them (wholesale), yes according to them you have to pay shipping back.

If you bought it from the retailer, it would depend on the retailer's warranty terms and conditions so you need to consult the retailer, not Tasco, if you want to claim shipping and such other costs.

It is not misleading if it's clearly stated, but is it good service?

Something is misleading if they are purposely stating your rights are X when they are actually Y. Particularly if you accepting X is to their benefit. And legally I believe it can even be broader than this.

But as you say, perhaps it is referring to the dealer's rights, which wouldn't be covered by consumer law. I doubt it though. I've come across this thing often enough to be pretty sure it's targeted at the end consumer.

The retailers warranty terms and conditions only matter if they are in excess of what you already get under the consumer law. The retailer is liable for reasonable transportation costs back to them. Of course, what is reasonable?

I've had retailers try to pull the wool over my eyes often enough that this makes me quite angry. The worst was fighting over a brand new car with excessive oil consumption (which after two years finally got fixed).

[HenryNZ]

Update. Tasco emailed me today and said that they have not been able to test the scope in the last 10+ days because the weather in Sydney has not been conducive to testing. They said they are going to send the telescope to someone outside of Sydney (away from the clouds etc) to test, together with a potential replacement new unit they have which they will offer me if my one is proven faulty.

Not ideal but I think the response from Tasco is already million times better than from the retailer I bought the telescope from so I am satisfied, for the time being. When I first contacted the retailer about the fault, he / she questioned whether there was in fact a fault - I could not believe that he/she could possibly suggest that the perceived fault was due to seeing! When given the photographic proof, a third party document describing the exact same problem and a gentle pointer to my astrophotography portfolio to show him/her that I am not a newbie to be fooled - he / she washed his/her hand and redirected me to Tasco. In hindsight, I guess this is really blessing in disguise as Tasco has been much easier to deal with so far.

What I wasn't sure and still not sure at the moment is whether something as new as my telescope should have been treated differently from a telescope that has seen some use. I got lucky my brother happened to be visiting home over Easter and could take the telescope back with him to Sydney at no cost to me. I imagine I would be fuming if I have to pay $200+ in shipping to send the dud back.

Anyway, I wait eagerly what the final outcome is going to be. My cynical side wonders if my posting here may have hurried things along... But regardless, I am only too happy that there appears to be some progress and I really do hope that Tasco will get things right by me.

[ab1963 (Andrew)]

Originally Posted by bugeater

This sort of thing really make me angry. Either they are ignorant or are being purposely misleading (hmm misleading and deceptive conduct....). Neither fills me with much confidence. Firstly you don't even need to deal with them. You deal with the retailer. Secondly you are allowed to claim reasonable transportation costs (i.e. postage) from the retailer.

It's been a while since I did my contract law, but basically your contract is with the retailer and the retailer only. If they sell you something dodgy, they are responsible for rectifying the situation. As far as the consumer is concerned, that's all that matters.

In a nutshell you are 100% and most businesses would honour the fact that it is their responsibility to rectify any issues with items bought period.
Trust is a 2 way street,you trust when you buy that you will be looked after if any issues and never mind the legal ramifications let's just go to common decency the retailer should have fixed this,whoever this retailer is cannot be trusted

[Nikolas (Nik)]

What was the name of the retailer? PM me if you want

[MortonH]

Originally Posted by HenryNZ

Update. Tasco emailed me today and said that they have not been able to test the scope in the last 10+ days because the weather in Sydney has not been conducive to testing. They said they are going to send the telescope to someone outside of Sydney (away from the clouds etc) to test, together with a potential replacement new unit they have which they will offer me if my one is proven faulty.

It's reasonable that Tasco have to verify the fault before they can decide how to rectify it. It's unfortunate that Australia is such a small market that they don't have an optical bench and are relying on star testing, which requires a clear sky!

[HenryNZ]

Originally Posted by MortonH

It's reasonable that Tasco have to verify the fault before they can decide how to rectify it. It's unfortunate that Australia is such a small market that they don't have an optical bench and are relying on star testing, which requires a clear sky!

Agree. I see that as progress and I am happy to wait.

[casstony]

Any update on the Esprit 80 Henry? It's a bit off-putting to have such an expensive scope turn up without perfect collimation.
They're not easy to collimate either by the looks of it: http://interferometrie.blogspot.com....-esprit80.html

[HenryNZ]

Tasco could not repair it so to their credit they have sent me a new replacement. I have received it two days ago but I have not been able to test it due to weather.

The article you linked described the exact problem I have experienced.

[casstony]

Sounds like there might be some original stock floating around without the updated lens cell.
Please let us know how the new one performs when the weather improves.

[HenryNZ]

That's what I thought too. I do believe the esprit is a good scope, but you want t make sure you do not get the old stock pre August 2014. I just wasn't expecting there would be 2014 stock in 2016.

Anyway I am happy with Tasco service so far. It is quite a relief that they will pick up the slack. As long as the replacement tests ok I would consider this matter close. Just waiting for a clear night for the test.