Long story short I bought a 2015 Axis new wave, 6 months in the board had cracks all along it, talked to the shop and they gave me a new one.
6 months ish after that it started to crack again but it was no longer under warranty (1 year manufacturers warranty), I e-mailed Axis many times to see if they could do anything and I never heard back.....
I remembered I bought it on a Credit Card and most of them have extended warranty so I thought I'd give that a go. Spoke to the shop they gave me all the info I needed and were a great help.
The bank gave me my funds back for the board minus an excess ($100) and it didn't take that long either (a week or two once I got everything together).
I was surprised I got my money back and it didn't take months, if something like this has happened to you check to see if your Credit Card has any insurances and give it a go.
I buy 99% of everything on the card now for that reason, or in case it never arrives or is not as the seller described.
They sometimes also cover for loss, theft or damage for 3 months after purchase (not sure if that includes sporting equipment while in use).
Don't advertise it too much though we don't want a kitesurfing equipment exclusion :P
But based on nothing more than anecdotal evidence it seems these boards break a lot...??
Wouldn't that second board have a full 1 year warrenty from the date the shop supplied it to you?
Yes it did but it was still under the original 1 year warranty from the date I purchased the board the first time. Getting a replacement didn't extend it.
It's very slippery indeed and I'd be inclined to make a complaint on www.accc.gov.au. At the very least you'll protect the next person who the retailer or manufacturer rip off, unintentionaly or not.
Taken from the ACCC site which might be of some help:
"The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer. You can approach the manufacturer or importer directly, however, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer".
It's great the bank gave you back some money but we all pay for that privilege next year unfortunately.
Really? I had a look at the ACCC's website and couldn't find anywhere where the replacement item would start the warranty again? It just said that they would just have cover the costs to send the goods to get repaired/replaced while it was under warranty.
Replacement items do not extend warranty, never have, never will.
The refund choice covers the consumer there.
If the item is **** poor and continually breaks, take the refund option before the original warranty runs out.
You still have recourse outside of 12 months manufacturer warranty.
Nothing can extinguish your rights under Australian consumer law.
Everybody should go read the consumer rights and be aware of fit for purpose.
Select to expand quoteAbsolutbeginer said..
You still have recourse outside of 12 months manufacturer warranty.
Nothing can extinguish your rights under Australian consumer law.
Everybody should go read the consumer rights and be aware of fit for purpose.
12 months to when? A surfboard isn't going to last forever.
I snapped 2 twin tips and 2 surfboards the year before last. Its just the nature of the sport.
(I did receive a replacement twin tip free of charge, but didn't pressure the seller a new one)
I could swear I read on this forum not so long ago that a fella was having problems with his underground inserts.
Got replacement under warranty, and the replacement did the same thing. Deff remember he got a replacement for that too.
Maybe his replacement was still under the first warranty though.
Still....... I say boycott!!
Select to expand quoteAbsolutbeginer said...
Replacement items do not extend warranty, never have, never will.
The refund choice covers the consumer there.
If the item is **** poor and continually breaks, take the refund option before the original warranty runs out.
You still have recourse outside of 12 months manufacturer warranty.
Nothing can extinguish your rights under Australian consumer law.
Everybody should go read the consumer rights and be aware of fit for purpose.
If i sell a product and it is replaced under warranty, i then have to give them a new warranty for that new item. The replacement item is brand new and is still expected to last 12 months or longer.
The grey area is always the warranty claim but in this case it would be expected that a $1200 kiteboard should last longer than 6 months under intended use.
If you bought a brand new tv and it died with a month left of warranty, there is no way anyone would accept the new one only has a 1 month warranty.
Select to expand quoteRagzilla said..
I could swear I read on this forum not so long ago that a fella was having problems with his underground inserts.
Got replacement under warranty, and the replacement did the same thing. Deff remember he got a replacement for that too.
Maybe his replacement was still under the first warranty though.
Still....... I say boycott!!
Could not have been Underground, they went out of business years ago (at least 5-6 from memory). If a shop had old stock and sold it, then it failed through defect, within 12 months, then that shop has to replace or refund, regardless of the trading status of the supplier. Under the consumer laws in Australia, retailers are viewed as the "manufacturer" of everything they sell and must replace or refund if there is a defect.
Edit; have been advised, but not by ACCC, that when a product is repaired original warranty period applies and remains. If product is replaced, warranty starts again. Fit for purpose always applies. I just had a major defect in a VW engine repaired, on a used car, due to the fit for purpose rules!
@MDSXR6T
A replacement product, does not re-start the warranty (possibly wrong on this point - see edit above). However the fit for purpose clause has you covered anyway.
HI guys. New to forums.
Stupid question, but if we're gonna rely on Credit Card "refunds" then won't this simply encourage stores to do what ever they want, sell crap and expect the banks to pick up the tab on refunds?!?
Am I missing something?
Surely it's not as simple as that. Otherwise everyone would have done it for everything and anything by now making the banks broke!?
Yeah Perpetual Warranty, is that like Perpetual motion. I brought a board ten years back and it broke after 11 months and they gave me a new one, then that one broke after 11 months and they gave me another new one and then that one broke after 11 months and they gave me another new one and then that one broke ............. Wake up Crusoe ya idiot ya dreamin.
Select to expand quotefojo said..
HI guys. New to forums.
Stupid question, but if we're gonna rely on Credit Card "refunds" then won't this simply encourage stores to do what ever they want, sell crap and expect the banks to pick up the tab on refunds?!?
Am I missing something?
Surely it's not as simple as that. Otherwise everyone would have done it for everything and anything by now making the banks broke!?
Credit cards already pay hundreds of millions of dollars a year to cover credit card fraud, the retailers don't put much effort into checking the name on the card as the banks just cover the losses no questions asked. The effort required to query each dodgy transactions doesn't cover the expense of checking it so they just pay it and write it off.
No new warranty period unless the seller has specifically said so.
They can offer what they like, but cannot extinguish your rights under local law where it was purchased.
So maybe somebody does offer this, But I have never seen one yet.
If in the case above of the tv dying at 11 months, then no the warranty period is not extended.
But.
Fit for purpose covers your sorry aarse, as it is expected by people universally that the TV you are buying generally has a lifespan of 10 years or so.
So fit for purpose gives you claim under this expectation.
This is why 'buying' an extended warranty is simply a money grab, you are covered already.
Those policies may make the claim easier, but doesn't add to your rights.
Select to expand quoteAbsolutbeginer said...
No new warranty period unless the seller has specifically said so.
They can offer what they like, but cannot extinguish your rights under local law where it was purchased.
So maybe somebody does offer this, But I have never seen one yet.
If in the case above of the tv dying at 11 months, then no the warranty period is not extended.
But.
Fit for purpose covers your sorry aarse, as it is expected by people universally that the TV you are buying generally has a lifespan of 10 years or so.
So fit for purpose gives you claim under this expectation.
This is why 'buying' an extended warranty is simply a money grab, you are covered already.
Those policies may make the claim easier, but doesn't add to your rights.
The retailer simply can't pick and choose what warranty they want to offer. For a start it's illegal to offer no warranty on a brand new item, even if it's been heavily reduced.
In this case Brohan got jipped by a kite shop and board supplier and had to rely on his bank for support. Kite shops are begging for support but it has to go both ways.
My best mate had a great result in a "fit for purpose" case last year. 7yo Prado that did an engine. 14k worth of work and i was there the day he collected the cheque from Wangara toyota.
How did I get jibbed? My board was out of warranty? I don't think "fit for purpose" would come into play for a sporting item. Also going down the road of making a complaint to the ACC would have taken much longer and I might not have got the same outcome.
I dunno, i guess you didnt as you got your money back after spending $1000 +/- on a board only for it to fail after 6 months and then the replacement product did the same thing in a similar time frame. The shop was more than happy to help you claim from your bank but really they are the ones who should have been chasing Axis on your behalf. Maybe they didn't know better (and were genuinely helpful) or maybe they did but either way i'm glad your bank helped and you weren't out of pocket.
This is taken from Axis themselves:
"New Wave is a very unique kite-surfboard and is one of our most popular boards to so many different groups of riders. The New Wave offers amazing versatility, being used as a twin fin, a skimboard with no fins, fully finned in the waves, as a flat water board, a light wind board, for learners, for pros, with straps, strapless, or flat water freestyle. This is a board worthy of the creative rider who shreds outside the square.The New Wave is based on a paulownia wood and PVC core, and is glassed with a unique infusion lamination process. Our designer Adrian Roper recessed the deck of the New Wave to give a more direct feeling underfoot. The surface of the board is all EVA, giving great foothold, an improved feel for the board, and cushioned landings. The New Wave is very strong and flexible thus providing a super comfortable ride. This board is equally suited to riding small waves or freestyle with uniquely raised rails for aerial grabs and flat water trickery"
Based on the stuff i've highlighted, I think it's a fair expectation for customers who have spent $1000+ to expect a shelf life longer than 6 months before damage. I'm inclined to think the ACCC would agree.
Select to expand quoteBrohan said..
I don't think "fit for purpose" would come into play for a sporting item.
Why not?
Does the Act say "excluding sporting goods" ??? No.
Next thing - for all those debating whether the replacement board also has 12mths warranty or not. That does not matter.
Consumer law states it must be fit for purpose, and must last as long as reasonably expected. That means if it breaks after one month and so does the replacement, well it has not lasted as long as a reasonable consumer would expect. So you are due a new one, or fix, or money back.
BTW I got an offer of being looked after on a 6 y/o board as I could show manufacturing fault and the company in question is tops. Whilst not a new board to replace it (obviously) they REALLY looked after me.
Choose the companies that stand by their product, in the age of lots of information transfer on the interwebs the bad products get sh!tcanned quickly. We need to make sure we boost up the reputable companies with a good product.
That is why I get p!sssed off at single digit post count types who come online bagging stuff out. Honest reviews = honest manufacturers who start honouring warranty and making quality stuff.
Select to expand quoteMDSXR6T said...
I dunno, i guess you didnt as you got your money back after spending $1000 +/- on a board only for it to fail after 6 months and then the replacement product did the same thing in a similar time frame. The shop was more than happy to help you claim from your bank but really they are the ones who should have been chasing Axis on your behalf. Maybe they didn't know better (and were genuinely helpful) or maybe they did but either way i'm glad your bank helped and you weren't out of pocket.
This is taken from Axis themselves:
"New Wave is a very unique kite-surfboard and is one of our most popular boards to so many different groups of riders. The New Wave offers amazing versatility, being used as a twin fin, a skimboard with no fins, fully finned in the waves, as a flat water board, a light wind board, for learners, for pros, with straps, strapless, or flat water freestyle. This is a board worthy of the creative rider who shreds outside the square.The New Wave is based on a paulownia wood and PVC core, and is glassed with a unique infusion lamination process. Our designer Adrian Roper recessed the deck of the New Wave to give a more direct feeling underfoot. The surface of the board is all EVA, giving great foothold, an improved feel for the board, and cushioned landings. The New Wave is very strong and flexible thus providing a super comfortable ride. This board is equally suited to riding small waves or freestyle with uniquely raised rails for aerial grabs and flat water trickery"
Based on the stuff i've highlighted, I think it's a fair expectation for customers who have spent $1000+ to expect a shelf life longer than 6 months before damage. I'm inclined to think the ACCC would agree.
You Havnt highlighted all the things that can occur during a session to your board, I clipped reef twice tonight, carving onto the sand,
IMHO you'd be mad to warrant kite gear,
Superficial damage means furk all, it doesn't affect performance in the slightest,
Shelf life? It's not on the shelf, it getting constantly being put under big pressure , forces and impact,
I recently had a coffee machine under warranty fail from the Good Guys, it failed in the first year (didn't work at all). It took some accc referencing and was a hassle to get a suitable fix..
Also, it was disappointing to see that the good guys extended warranty ends when you get a replacement - what a crock, if my appliance fails in the first year and I have bought a four year warranty I want 4 years peace of mind. Where have we come to as a society when it is so accepted that items fail that it's the norm to pay extra for extended warranty. When I purchase a $1k coffee machine I want it to work for at least 5 years or domestic casual use.
From the Good Guys website:
"If my product needs to be replaced, does the Extended Warranty cover the replacement product?"
No. Your Extended Warranty covers the product you purchased, so if your product is replaced the extended warranty ends with the replacement. Whilst your replacement will be covered by the statutory consumer guarantees, you will need to purchase a new Extended Warranty to cover the replacement product if you want to maintain your Extended Warranty cover.
www.thegoodguys.com.au/warranty
How do surfboard retailers get away with not giving any warranty for boards that snap?
I remember being hassled by a customer years ago aver a kite that was destroyed by crashing it repeatedly. He went to ACCC/Fair Trading, they called me, we calmly discussed the matter. I explained that the kite was destroyed by crashing onto the beach, basically high speed impacts. I explained that the purpose of a kite is to fly through the air, and provide traction to the person flying it, and that kites, like all aircraft, are not designed to crash at high speed into anything. They agreed, and told the loser to take responsibility for his own inability to control his kite.
But I cannot see how anything like that definition would work for a surfboard?
I was just thinking along the lines of it's not an electrical item that's failed, it's just a board (idk quite how to put my point across). I thought a claim through the ACCC would take much longer and be more work then just going through my bank, next time I'll give them a go. I didn't want to replace the board either as the AXIS boards don't seem to hold up and they never reply to e-mails.
Yep I think the credit card approach seems quick and simple based on your experience. Stuffing around with accc threats isn't fun for anyone involved, a good business/product manager wouldn't let it get to that stage. I wouldn't have thought of credit card warranty before but I will now, I guess this extends to PayPal etc and their guarantees. Thanks for sharing your experience.
Select to expand quoteTerryMcTool said..
Ragzilla said..
I could swear I read on this forum not so long ago that a fella was having problems with his underground inserts.
Got replacement under warranty, and the replacement did the same thing. Deff remember he got a replacement for that too.
Maybe his replacement was still under the first warranty though.
Still....... I say boycott!!
Could not have been Underground, they went out of business years ago (at least 5-6 from memory). If a shop had old stock and sold it, then it failed through defect, within 12 months, then that shop has to replace or refund, regardless of the trading status of the supplier. Under the consumer laws in Australia, retailers are viewed as the "manufacturer" of everything they sell and must replace or refund if there is a defect.
Edit; have been advised, but not by ACCC, that when a product is repaired original warranty period applies and remains. If product is replaced, warranty starts again. Fit for purpose always applies. I just had a major defect in a VW engine repaired, on a used car, due to the fit for purpose rules!
@MDSXR6T
A replacement product, does not re-start the warranty (possibly wrong on this point - see edit above). However the fit for purpose clause has you covered anyway.
Bet VW claimed it was dirty fuel?
They did to me, until I made it clear BP would be interested as the wife's car was only filled up at the only BP service station locally. Apparently they didn't want the cost of an independent draining the tank for the sample. One of the few times fuel cards are worth the effort.
Select to expand quoteMark _australia said..
Now they deliberately design "lifespan" into a product which is disgusting - consumerism at its worst. Seen a 20y/o washing machine or TV lately...?
Lemon laws would assist with getting rid of that practice.
Yup. Lots. But try watching HD video on a 20 year old 20-inch CRT TV...
^^ That is not my point. Those who wish to upgrade can.
Manufacturers should not be able design failure into a product, to do so is getting into really shaky ground with regards to consumer law.
Many people are campaigning for lemon laws - where if lots and lots or a particular product fail, they have to refund - even out of warranty. Other countries have such laws.
It would be interesting if products were forced to display an estimated life of the product in years or usage.
Then you could buy on value for money including lifespan And if failed early it would be easy to prove expected product life.
Select to expand quoteAbsolutbeginer said..
It would be interesting if products were forced to display an estimated life of the product in years or usage.
Then you could buy on value for money including lifespan And if failed early it would be easy to prove expected product life.
I like your thinking.
