[AusNOG] Vendors back charging on support and maintenance.

[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
<https://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations>
for your sub-$40k kit).

If you've got a maintenance contract, ask again what it gives you. Strike
out everything that they're legally required to cover for free anyway, and
then see what you're actually paying for - probably only the right to ask
how to configure the thing, and perhaps next-day replacements.

Everything else (software bug fixes, dead linecards, fried power supplies)
has to be covered by them already, whether or not you have a contract,
until the product is EOL. Note too that you can't sign those rights away in
a contract - the contract can only add to them.

I'd be demanding maintenance refunds and/or significant reductions at
renewal time.

If you've got a dead 2 year old switch and no maintenance contract, ring up
the vendor and demand they fix that shit anyway, as they're legally
required to do.

(for precedent, Apple tried to pull this crap with Applecare - the ACCC
gave them a good smackdown)

BB


On Thu, Apr 26, 2018 at 4:54 PM <trs80 at ucc.gu.uwa.edu.au> wrote:

> On Tue, 24 Apr 2018, Peter Tiggerdine wrote:
>
> > Seems to me it's a "just in time support" tax. If a business doesn't
> need support for 2 years but then decides to get support
> > and use the TAC service, then they're paying for what they're using. To
> charge customers a tax because they didn't require the
> > service or support for 2 years is just large Multinationals pork
> barrelling and over-inflating their annuity numbers.
> >
> > I've spoken to the Office of Fair trade on this matter and they seem to
> share my view (that's its unreasonable, however fair
> > trade is really a mediation service it appears) Hoping to have a
> conversation later in the week with the ACCC. I do seriously
> > question the legality of the charge under Australian consumer law. I
> suspect this is a North American policy.
>
> What if the vendor then just refuses to sell you support at all? They're
> under no obligation to do so. I don't like it either, and second-hand
> hardware is certainly different to having let support lapse then trying to
> reinstate it, but really how can you force them to the table since you
> didn't transact with them originally? Have you considered just selling
> what was bought and then buying new or second-hand hardware from a
> different vendor without such a policy?
>
> --
> # TRS-80              trs80(a)ucc.gu.uwa.edu.au #/ "Otherwise Bub here
> will do \
> # UCC Wheel Member     http://trs80.ucc.asn.au/ #|  what squirrels do
> best     |
> [ "There's nobody getting rich writing          ]|  -- Collect and hide
> your   |
> [  software that I know of" -- Bill Gates, 1980 ]\  nuts." -- Acid Reflux
> #231 /
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