[AusNOG] Vendors back charging on support and maintenance.

[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 or fete (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges)

I’ll leave further debate to those that have more qualifications than me in this arena.

Cheers
Rich

> On 27 Apr 2018, at 11:28, Ben Buxton <bb.ausnog at bb.cactii.net> wrote:
> 
> 
> 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 still stand.
> 
> BB
> 
> 
>> On Fri, Apr 27, 2018 at 11:01 AM Richard Bayliss <rbayliss at arista.com> wrote:
>> 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 <bb.ausnog at bb.cactii.net> wrote:
>>> 
>>> 
>>> 
>>>> On Fri, Apr 27, 2018 at 1:15 AM Karen Hargreave <karen at iamunique.net.au> 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 that may arise or pays for them to send out people to deal with issues. 
>>> 
>>> Are you trying to justify why vendors should not have to comply with Australian law?
>>> 
>>> I'm not making a proposal or theorising - this is how the law has been for the last 8 years or so. 
>>> 
>>>> If they are no longer able to charge for the contracts, then the price will be just added on. 
>>> 
>>> They make plenty of money from contracts with NBD, etc benefits. At least you'll be able to know exact TCO from the start, though other manufacturers complying haven't jacked up prices noticeably since the ACL.
>>>  
>>>> In the case of second hand equipment, wouldn't the responsibility be on the purchaser to have more of an idea on what they are getting? Otherwise, perhaps having people check out the equipment prior to starting a contract and then going from there...  if you want to look back at the insurance analogy, then if your car is off the road for a bit and you get it insured again, you need to send through pics of it usually with a newspaper or something with the date on it so they know what they are covering.
>>> 
>>> Insurance is not a comparable analogy. Your business insurance already covers insurable events outside of vendor maintenance contracts.
>>> 
>>> Fixing faulty hardware and software falls under the ACL and applies to both new and second hand products, regardless of the support status now or by the previous owner.
>>>  
>>>> 
>>>> Sent from my iPad
>>> 
>>> Let me guess - you bought Applecare?
>>> 
>>> BB
>>> 
>> 
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