Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread trs80
On Fri, 27 Apr 2018, Richard Bayliss wrote: > The ACCC consumer guarantee states it doesn’t apply to second hand (private > sales) goods, which is the scenario the OP stated. Private (personal) sales, but businesses are still covered: https://legalvision.com.au/i-sell-second-hand-goods-do-the-c

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Peter Tiggerdine
Think we're getting a little off topic here. The issue is weather back charging a customer on a supoort/maintenance contract is okay. The device was purchased second hand. The vendor is charging for the previous 18months plus the 12months forward in the quote for the support contract. Regards,

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Richard Bayliss
Fair enough, clearly as I am not a lawyer I was confused by the wording in the ACCC website. Exceptions to guarantees [..] Rights to a repair, replacement, refund, cancellation or compensation do not apply to items: [..] bought as a one-off from a private seller, for example at a garage sale

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Ben Buxton
Nonsense, the ACL applies to second hand goods also . (section 5 / page 11) Where you're confused is that whilst the private seller has no obligations under the ACL, the original vendor's obligations st

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Richard Bayliss
The ACCC consumer guarantee states it doesn’t apply to second hand (private sales) goods, which is the scenario the OP stated. Cheers Rich > On 27 Apr 2018, at 10:32, Ben Buxton wrote: > > > >> On Fri, Apr 27, 2018 at 1:15 AM Karen Hargreave >> wrote: >> So we then sit and watch as the pri

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Ben Buxton
On Fri, Apr 27, 2018 at 1:15 AM Karen Hargreave wrote: > So we then sit and watch as the price for everything starts to go through > the roof further than it has. Previously they have been able to sell > equipment, and then the contracts. The contracts cover the staff and any > additional costs t

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Mal
On 26/04/2018 5:39 PM, Ben Buxton wrote: > Sounds like you're all getting shafted big-time by the vendors, and it's > mostly because no one in this industry has the guts to stand up for > themselves. Bought your box in Australia .. then use the consumer guarantees. Its not difficult. > Product

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Karen Hargreave
So we then sit and watch as the price for everything starts to go through the roof further than it has. Previously they have been able to sell equipment, and then the contracts. The contracts cover the staff and any additional costs that may arise or pays for them to send out people to deal with

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Ben Buxton
Sounds like you're all getting shafted big-time by the vendors, and it's mostly because no one in this industry has the guts to stand up for themselves. You all need to demand that the vendors comply with their legal obligations under Australian Consumer Law (yes - you're covered by it too

Re: [AusNOG] Vendors back charging on support and maintenance.

2018-04-26 Thread Chad Kelly
On 4/25/2018 12:00 PM, ausnog-requ...@lists.ausnog.net wrote: I've just observed an interesting situation where a vendor is charging upto 18months "fee" to bring a device back into active maintenance and support. The customer purchase the kit secondhand. Naturally the customer is pushing back (d