Trying to return some parts...what are my rights?
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  1. #1
    Fellow Frogger!
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    Default Trying to return some parts...what are my rights?

    Hi all,

    I am trying to return some brake rotors to the manufacturer because they were the wrong ones. Their catalogue turned out to be incorrect. The problem is I already used them because they still fit the same, but not the correct depth.
    The part in question is for a 89 model 205 1.9L Gti.

    I finally get the right parts which are actually listed as 1.6L Gti in their catalogue. So I fit these and everything is fine again.

    I am trying to return their rotors because their website says

    "Our Company Policy is that the customer is always right and is not to be disadvantaged or inconvenienced in any way.
    Our Product Warranty has only one condition.
    Should any of the product supplied by us be found to be unfit or unsuitable for its intended purpose, it will be replaced or refunded without question.
    All we ask is that we are supplied with the offending goods for investigation"

    Ok so Iím thinking the product sold to me was intended for a 1.9L and oviously isnít.

    So I call up the Sydney office and the guy basically said I canít return them because theyíre used. Then I reminded him about the warranty policy on their website and said the rotor sold to me wasnít intended for a 1.9 Gti(my series anyways). So then he proceeds to tell me that itís my fault, it doesnít matter if the catalogue is wrong, itís up to the mechanic fitting to determine if itís the right one or not. Then he asked me if I were a mechanic and since I wasnít I shouldnít be working on the car.

    So is there anything else I can do?

    Iíve made contact with their head office in Melbourne and someone will hopefully call me back.

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  2. #2
    1000+ Posts edgedweller's Avatar
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    Pugsly, see Daniels "C3 failed injector running on 3", last post by GTI125, choice magazine, point two. Little problem I hope.

    cheers ed ge

  3. #3
    XTC
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    Quote Originally Posted by Pugsly
    So is there anything else I can do?
    Tell us who it is so we don't go using them.

    - xTc -
    You're not fooling everyone, or did you forget? .......




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  4. #4
    Gone Fishin' Ray Bell's Avatar
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    I think that's against the forum policy...

  5. #5
    Gone Fishin' Ray Bell's Avatar
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    Originally suggested by edgedweller
    Pugsly, see Daniels "C3 failed injector running on 3", last post by GTI125, choice magazine, point two. Little problem I hope.
    Here's the link posted by GTI124:

    http://www.choice.com.au/viewArticl...&tid=100008&p=1

    And here's the second point:

    Fit for their purpose: The goods must do the job that you described to the seller when you bought them, or that is clear from the circumstances of the sale. The purpose of a product is often considered to be self-evident, but in other cases it must meet the needs you told the seller you wanted it for, or the purpose itís been advertised for.
    Of course, you'd have to wonder with that last gaff in the paragraph!

  6. #6
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    Quote Originally Posted by Pugsly
    Hi all,

    I am trying to return some brake rotors to the manufacturer because they were the wrong ones. Their catalogue turned out to be incorrect. The problem is I already used them because they still fit the same, but not the correct depth.
    The part in question is for a 89 model 205 1.9L Gti.

    I finally get the right parts which are actually listed as 1.6L Gti in their catalogue. So I fit these and everything is fine again.

    I am trying to return their rotors because their website says

    "Our Company Policy is that the customer is always right and is not to be disadvantaged or inconvenienced in any way.
    Our Product Warranty has only one condition.
    Should any of the product supplied by us be found to be unfit or unsuitable for its intended purpose, it will be replaced or refunded without question.
    All we ask is that we are supplied with the offending goods for investigation"

    Ok so Iím thinking the product sold to me was intended for a 1.9L and oviously isnít.

    So I call up the Sydney office and the guy basically said I canít return them because theyíre used. Then I reminded him about the warranty policy on their website and said the rotor sold to me wasnít intended for a 1.9 Gti(my series anyways). So then he proceeds to tell me that itís my fault, it doesnít matter if the catalogue is wrong, itís up to the mechanic fitting to determine if itís the right one or not. Then he asked me if I were a mechanic and since I wasnít I shouldnít be working on the car.

    So is there anything else I can do?

    Iíve made contact with their head office in Melbourne and someone will hopefully call me back.
    A 1989 Australian 205 GTI is NOT a real 1.9 but a 1.6 with detuned 1.9 engine so I can see their point
    Graham

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    Gone Fishin' Ray Bell's Avatar
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    This leads to the inevitable question...

    Did they fit or not?

  8. #8
    Fellow Frogger!
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    Quote Originally Posted by GRAHAM WALLIS
    A 1989 Australian 205 GTI is NOT a real 1.9 but a 1.6 with detuned 1.9 engine so I can see their point
    Graham
    Still, Australian catalogue, should reflect Australian delivered cars.

  9. #9
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    Quote Originally Posted by Ray Bell
    This leads to the inevitable question...

    Did they fit or not?
    Yes they did fit, but they're the wrong depth.

  10. #10
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    Ok here is a reply from their managing director

    "No I didnít receive your email, but we do not have a credit return policy on product that has been fitted already. Our product must be fitted by a qualified experienced fitter at all times and they would know they have the wrong parts before fitting"

    Is this allowed? I'm going to take this further..nothing to lose.

    Thanks all for your replies, please if you have anymore help, feel free to post.

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    Quote Originally Posted by Pugsly
    Still, Australian catalogue, should reflect Australian delivered cars.
    Unless the discs were made here it is highly likely that they were using an imported catalogue.
    Graham

  12. #12
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    Quote Originally Posted by GRAHAM WALLIS
    Unless the discs were made here it is highly likely that they were using an imported catalogue.
    Graham
    Yes the discs are made here, it's an australian company..can't say who it is..but i'm sure people familiar with my other posts know who this mob is.

    So what do you guys think i should do? Fire an email back at the MD quoting the Statutory warranty rights
    "Fit for their purpose: The goods must do the job that you described to the seller when you bought them, or that is clear from the circumstances of the sale. The purpose of a product is often considered to be self-evident, but in other cases it must meet the needs you told the seller you wanted it for, or the purpose itís been advertised for. "

    Since it's been advertised as a 1.9Gti part, it should be the right one.

  13. #13
    XTC
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    Quote Originally Posted by Ray Bell
    I think that's against the forum policy...
    Like I don't know that ???? We need a sarcasm smilie.

    - xTc -
    You're not fooling everyone, or did you forget? .......




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  14. #14
    Gone Fishin' Ray Bell's Avatar
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    Let's see what sort of e.mail you could send the MD over this...

    Dear sir,

    While I acknowledge that I am not a mechanic, I do some minor repairs to my own car and that is a legitimate activity.

    Having purchased discs that were established by a proper catalogue as being the ones for my make and model of car, I had to accept that I had the correct items to fit.

    I bought the discs in good faith and now learn that this is not a part of the way you deal. However, the fault here lays with the catalogue listing before anything else.

    I note that your stated company policy is that you don't inconvenience or discomfort the purchaser. I note also that the Australian Consumer Association's explanation of this situation is thus:

    "Fit for their purpose: The goods must do the job that you described to the seller when you bought them, or that is clear from the circumstances of the sale. The purpose of a product is often considered to be self-evident, but in other cases it must meet the needs you told the seller you wanted it for, or the purpose itís been advertised for."

    You, as the seller, clearly described these discs as being fit for the purpose. As they aren't, I expect to be able to return them for a full credit.

    Yours etc...

  15. #15
    Fellow Frogger!
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    thanks ray!

    I had already sent something similar tonight and the MD did reply. Glad i wasn't far off what you wrote

    Shouldn't really post anymore specific details now because i'm making a formal complaint with fair trading but basically he's blaming the shop now for selling me the wrong parts(but the shop didn't quote them the part number, just the make and model of the car, they supplied the rest).

    Thanks all for your input, i'll keep you updated

    cheers
    Last edited by Pugsly; 23rd February 2005 at 11:24 PM.

  16. #16
    1000+ Posts parry's Avatar
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    If this is the company that I had the same problem with, I have an email from them 6months ago stating that they would change their catalog. I was able to return the goods. But I never drove with them on.
    90 205 Gti Cherry Red(Track Car)
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  17. #17
    Moderator Alan S's Avatar
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    Quote Originally Posted by parry
    If this is the company that I had the same problem with, I have an email from them 6months ago stating that they would change their catalog. I was able to return the goods. But I never drove with them on.
    A copy of that would be handy to send to the OFT.
    If you can scan & snd him that I think it's "Game set & match"


    Alan S
    If it ain't broke, use a 12" shifter.....that usually does the trick!!

  18. #18
    1000+ Posts dino's Avatar
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    hmmm....

    We ve had a few instances where the catalogues have been incorrect and it sounds absurd that they will not refund especially considering its a "brake" component (they always exchange without questions 2 us).....imagine you had an accident....Insurance wouldn t pay out if incorrect disc were on the car....many other consequences I guess.....
    This is an appaling example of how any manager of any company should deal with a customer....I might follow this up....Thats two jobs for tomorrow...price for bosch C3 injectors and a lecture to S Rep in customer relations re. incorrect catalogue info...



    cheers


    dino
    Last edited by dino; 24th February 2005 at 03:08 AM.

  19. #19
    Moderator Alan S's Avatar
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    I always work on the oft proven principle that if you're not getting the answers you want to hear, then you're not far enough up the mamgement pecking order.
    Good policy to stick to; works every time.

    Alan S
    If it ain't broke, use a 12" shifter.....that usually does the trick!!

  20. #20
    1000+ Posts edgedweller's Avatar
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    Seems like your down, cold on this on Pugsly, all you have to is be patient and maintain your dignity.

    Prod only when necessary!

    cheers ed ge

  21. #21
    Gone Fishin' Ray Bell's Avatar
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    They do have the quite reasonable proposition to hang by that pugsly should have compared the discs with the old ones.

    But it's not illegal for a novice to work on his own car, is it? So the catalogue and/or the supplying parties still have to be right.

  22. #22
    Moderator Alan S's Avatar
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    Quote Originally Posted by Ray Bell
    They do have the quite reasonable proposition to hang by that pugsly should have compared the discs with the old ones.

    But it's not illegal for a novice to work on his own car, is it? So the catalogue and/or the supplying parties still have to be right.
    I think if a customer buys something based on the description in the catalogue he has every right to consider that this part will fit as they have supplied it to do.

    As far as being illegal for "novices" to work on cars; well I suppose if it's legal to sell novices parts so you can make a quid out of said novices, it's legal for them to fit them.


    Alan S
    If it ain't broke, use a 12" shifter.....that usually does the trick!!

  23. #23
    Gone Fishin' Ray Bell's Avatar
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    Originally posted by Alan S
    .....well I suppose if it's legal to sell novices parts so you can make a quid out of said novices, it's legal for them to fit them.
    Good point... especially seeing as the 'novice' will be paying retail price instead of trade!

  24. #24
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    Yeah i agree i could have done some checks before, but yes I should be able to rely on their catalogue. Anyways i've made a formal complaint with the Office of Fair Trading, just waiting for a rep to call me back.

    Cheers everyone for your replies

    Joey

  25. #25
    1000+ Posts edgedweller's Avatar
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    What sort of legal concept is "should have"?

    ed ge

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