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IanR said..Hi guys
Two things I'm not sure about
Kitepower Australia said..
^^^ Like Plummet said, a photo? (of the whole length of the split, so maybe even 2 or 3 pics, sharp and in focus)
If there is any sign of a diagonal ( to the rip stop) section in the tear, then this clearly indicates that the kite was cut somehow during a self launch or landing and no manufacturer will grant warranty based of faulty workmanship or materials. Some of the bigger brands do grant "goodwill" warranty in cases where there is no clear indication why a canopy ripper or an LE tore, these are nearly always arranged by re-visiting the dealer where you purchased the kite from and asking for help.
These unseen nicks and cuts then cause an "inexplicable" tear in the kite, and a claim for warranty, but 99% of the time in my experience there is an unseen cut that was the real cause.
Surely that line should be
a manufacturer will only grant warranty based of faulty workmanship or materials. Steely
Do you send the letter with the ACCC's template to the retailer or the manufacturer
In the first paragraph your saying it the retailer responsibility.
In the second you writing letter to the manufacturer
Re write the ACCC letter template with your information and send it to the manufacturer.
They should have a rep or a office in Australia you can send it to.
The retailer is not responsible for defects with a product, the manufacturer is, this is why the letter is to the manufacturer.
A lot of brands have out of date warranty statements, the act was updated in 2010 to Competition and Consumer Regulations.
The point in the act is section 90 point (2), and the main point the government focuses on is this statement.
"You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure?." When the government reviews a claim they look at the cost of the item and the excepted lifespan of the item. In your case they would look at other similar products in the industry and the average lifespan of kites before wear and tear repairs are required, which could be up to 3 years or longer if you look after your gear.
The retailer is responsible for not accepting poor warranty returns on behalf of the manufacturer, it can be a long process for a shop to be reimbursed and they have to prove to the manufacturer why they have accepted the return.
The brand I work for see heaps of stupid warranty returns, that could have been easily fixed if the customer had just read the product manual.
But it's important to create a good customer brand relationship so we tend to replace everything, no questions asked.
At this point the battle is with the manufacturer and the retailer, and if the brand wants the shop to continue on selling their product they should be nice.
This also explains why so many brands now sell online direct to the consumer and shops/retailers are going out of business.
At the same time brands don't have the coin to open up there own shops to sell direct to the customer so they rely on the relationship that the shop has with the customer. Look at brands like Sthil or Apple, they used to sell through small retailers and still do but also now they sell direct through their own shops.
It will be interesting in 10 years time when there won't be shops to go to and everything will be online.
Hope this has helped, good luck with your claim.