The totally off-topic thread

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You will probably have a hard time. I don't believe there is any statutory warranty period on computers as they are not on contract like phones. The warranty period is explicitly stated as 12 months. You bought it through a now bankrupt company. Finally, they will point to the hinge as physical damage.

We will only sell clients laptops with a 3 year base warranty because of the confusion around warranties and because they are built to last for longer. Computers with 1 year warranty really are built to last 1 year and people are always upset.

Your post is not correct. All consumer goods sold in Australia (subject to the $ which is not relevant here and provided not for commercial use) are covered under the Australian Consumer Law (ACL), in addition to any warranty that the manufacturer has chosen to provide. Whether something is on contract is irrelevant.

Essentially under the ACL (section 54 if you want to check it out), goods must be of acceptable quality i.e. Fit for purpose, durable, free from defects. It is relevant what you paid for it and the nature of the goods.

In this instance, a laptop is not a cheap product, it is part of usual usage that the lid is used a lot (and thus hinges should be durable) and thus I'd argue the reasonable consumer would expect to get 3-4 years plus from a laptop.

Regardless of the fact DJs no longer sell electronics, they were the retailer and thus have legal obligations including repairing the laptop. They cannot refuse to deal with you and direct you to the manufacturer but you can chose to go to the manufacturer however their obligations to you are different outside of warranty.

If you can argue the not fit for purpose line then it's a major defect and then replace or refund is in your hands. If it's minor defect then retailer decides repair, replace or refund.

Personally I'd approach Toshiba directly notwithstanding the above and chat with them and see where you get - likely a referral to their service centre. If get nowhere there go push DJs.

I had a Toshiba TV I picked up off a friend but that was 16 months old when it had picture issues. I had no paperwork but tracked it off the serial number, spoke with Toshiba directly, they sent me to a local repair centre who assessed it. It was not repairable and discontinued model so they replaced it or gave me an option of another larger TV if I wanted to pay a little extra myself.

(Sorry long post!)
 
BC, have you tried this?

Toshiba Warranty Entitlements
Toshiba warranty covers hardware faults only and does not cover software issues or physical damage. You don’t need to provide us with proof of purchase if your warranty policy is registered online with Toshiba. If the warranty appears to be expired online but you have a proof of purchase in the form of a legible invoice with the laptop serial number that proves that the laptop was purchased up to 12 months ago (or up to 3 years ago for Portege and Tecra models ) then please provide us with a copy of that invoice.

You can check the online status of your warranty by visiting Warranty Information | Toshiba

You can view Toshiba’s standard limited warranty documents here:
Warranty Information | Toshiba
 
(Sorry long post!)

Milboo, while I agree with the concept, their is no explicitly stated period for computers. I am making these points as a devils advocate and generally related to many issues I have had. I find it a constant source of frustration.

It is relevant what you paid for it and the nature of the goods. I'd argue the reasonable consumer would expect to get 3-4 years plus from a laptop.

While you could argue that you should get 3-4 years from a laptop, it could also be argued that a laptop that is in the bottom 25% of the price range would not. It is not only relevant what you paid, but also how that compares to what other people paid.

Essentially under the ACL (section 54 if you want to check it out), goods must be of acceptable quality i.e. Fit for purpose, durable, free from defects.

If you refer to the ACL and ACCC examples, they use things like use it a couple of times and it breaks, not something like a laptop, which has probably be opened and closed over 500 times. The argument can easily be made that fair wear and tear and user mishandling are the cause as there has been no others with similar issues that point to a design defect. That physical manipulation of the hinged can resolve the issue, it backs up the argument for mishandling.

Personally I'd approach Toshiba directly notwithstanding the above and chat with them and see where you get - likely a referral to their service centre. If get nowhere there go push DJs.

Manufacturers are far more likely to work with you for a resolution. In the computer industry, a big thing was HP being forced to publish the your rights as a consumer and pay a big fine Important Notice – Your rights as a consumer | HP® Australia and has made the manufacturers a little better to deal with. Unfortunately, there is nothing explicit in there :confused::confused: It didn't change dealings with the suppliers but did make dealing with HP easier.
 
Yep don't need J for <2hr flts - VA ~$600 and QF ~$770All work and no play for this little black duck but thanks for the thoughts. But I will have to o/n so how is the night life in HB does anybody know? :lol:

There is no nightlife in HVB, but there is a FF that lives there that is known to some on here. Nightlife are the nesting birds that create a ruckus until after sundown. We stayed there a couple of years ago and found after dinner and getting the kids to bed, the nightlife was having a red wine with a cheese board (that we supplied) with our friends.

You could do worse than eating at Dan & Stephs (past winners of Series 4 on My Kitchen Rules). Restaurant found here: https://www.tripadvisor.com.au/Rest...tephs-Hervey_Bay_Fraser_Coast_Queensland.html
 
Moindardt - I'm also not sure your analysis is supported by consumer affairs or the ACCC.

A laptop, whatever it cost, is not a one-year disposable item*. As a consumer I expect several years out of a laptop... which would be opening and closing a dozen times a day. At the very least that gives me a couple years protection automatically, and longer depending on the reason for malfunction and how I handle the claim.

As I mentioned in an earlier post, dealing with customer service or shop staff may not get you the immediate answer you want. Asking them to refer the matter to their legal department usually gets the right result pretty quick.


*unless the item is specifically sold as a 'one-year disposable lap-top'!
 
As I mentioned in an earlier post, dealing with customer service or shop staff may not get you the immediate answer you want. Asking them to refer the matter to their legal department usually gets the right result pretty quick.

Do you have experience with a difficult case (i.e. one where the store doesn't want to listen to you)? How long was the total time taken altogether from first contact to receiving the resolution?
 
Sorry to disabuse you of the notion but demanding/ requesting something be referred to the legal department won't really make a difference. Very little makes it to Legal as consumer service teams are empowered to make decisions about run of the mill consumer law issues - and it's part of annual compliance training programs for them to stay across obligations/ rights.

It's something the ACCC looks at when enforcement action is in play so the big players in manufacturing/ supply have their affairs together to ensure criticism is minimised.
 
Milboo, while I agree with the concept, their is no explicitly stated period for computers. I am making these points as a devils advocate and generally related to many issues I have had. I find it a constant source of frustration.



While you could argue that you should get 3-4 years from a laptop, it could also be argued that a laptop that is in the bottom 25% of the price range would not. It is not only relevant what you paid, but also how that compares to what other people paid.



If you refer to the ACL and ACCC examples, they use things like use it a couple of times and it breaks, not something like a laptop, which has probably be opened and closed over 500 times. The argument can easily be made that fair wear and tear and user mishandling are the cause as there has been no others with similar issues that point to a design defect. That physical manipulation of the hinged can resolve the issue, it backs up the argument for mishandling.



Manufacturers are far more likely to work with you for a resolution. In the computer industry, a big thing was HP being forced to publish the your rights as a consumer and pay a big fine Important Notice – Your rights as a consumer | HP® Australia and has made the manufacturers a little better to deal with. Unfortunately, there is nothing explicit in there :confused::confused: It didn't change dealings with the suppliers but did make dealing with HP easier.

Actually it is not relevant as to what other people have paid - it is only relevant what you have paid - section 54 only refers to the price of the goods in question as being taken into account.

The HP issue was in relation to them misleading consumers about their rights re extended warranties. It was not a case about a specific fault in a product so not really relevant here.

If ACCC says a iPhone has a 2 year life then it is reasonable that a laptop has a longer life. Also pays to remember that laptops are depreciated over 3 years by the ATO - which indicates what one government department considers to be their durability to be.

The big electronic manufacturers have done their best to avoid ACCC proclamations over reasonably expected lifespan of items so don't expect to see much published in that regard, especially if the manufacturer/ retailer has entered into enforceable undertakings (the ACCC's preferred method of resolving issues) which may give them input into the press release wording.
 
Sorry to disabuse you of the notion but demanding/ requesting something be referred to the legal department won't really make a difference. Very little makes it to Legal as consumer service teams are empowered to make decisions about run of the mill consumer law issues - and it's part of annual compliance training programs for them to stay across obligations/ rights.

It's something the ACCC looks at when enforcement action is in play so the big players in manufacturing/ supply have their affairs together to ensure criticism is minimised.

YMMV. I've had 100% success down that avenue despite customer service insisting there was nothing that could be done.
 
Sorry to disabuse you of the notion but demanding/ requesting something be referred to the legal department won't really make a difference.

One of the reasons I'd like a Double Like button.

Looking elsewhere, the Freakin' Stupid button might be a more urgent priority, however.
 
Not so much a case of [M]MMV but more a case that you've been on the Consumer side and I've been on the manufacturer legal side of things.
 
In the 2010's how is Sydney's nightlife with the lockout laws?
I don't know but in my opinion lockout laws are a fantastic idea to stop those who cannot handle alcohol from causing more harm to others.

P.S. Wish there was an easier way to stop them from getting to that state in the first place. Nothing worse than being surrounded by drunks who cannot handle their alcohol.
 
Not so much a case of [M]MMV but more a case that you've been on the Consumer side and I've been on the manufacturer legal side of things.

And from that consumer side it can be an effective avenue. I don't expect front line staff to necessarily be able to authorise repairs or replacements for products years out of warranty, or to be fully across the intricacies of contract law. Asking for an internal consideration by the right department can be easier, quicker and more cost effective than more formal avenues.
 
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My commute to work is an entire 4.5klms, usually pretty cruisey. I swear, today I just want to punch someone in the ******** face. Why do people who want to turn right think driving past 20 other cars, who are patiently waiting their turn, and then cutting into the left hand lane and then performing a Hail Mary in pushing their way in is a good idea?

I think its a headphone and ignore everyone day. Plus chocolate. :)
 
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I waited hands free for the NSW land tax office.....after 17 minutes the call dropped out after telling me many times I was advancing in the queue . Thinking outside the square I called the number for folks having trouble paying their land tax.....instantly answered ......must do that with other government phone calls.
 
Investment property renters absconded overnight.

Waiting for keys to see how much of a mess they left the place in as we were attempting to have them removed due to non payment of rent and last inspection showed some mold in the bathroom. Im hoping a shot of Exit Mold will make a big difference but expecting a big cleanup/repaint required because if I wont live with it, I dont expect someone else to.

I also said it needs a kitchen update and hubby is traumatised at the idea. Im happy to flatpack it as I enjoy putting them together.

Sell or fix/rent?
 
I waited hands free for the NSW land tax office.....after 17 minutes the call dropped out after telling me many times I was advancing in the queue . Thinking outside the square I called the number for folks having trouble paying their land tax.....instantly answered ......must do that with other government phone calls.

Good idea.

If you want assistance with a problem, sometimes I just ring the sales number as usually new sales calls are answered faster.
 
ACCC has advised me to send a letter of demand. Just need to work out where to send it to.
 
ACCC has advised me to send a letter of demand. Just need to work out where to send it to.

Send it registered mail so you have a tracking number. NOT that Aussie Post seem to give a damn about having the recipient sign the cardy thing anymore but you have a receipt saying you sent it registered.
 
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