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Post Info TOPIC: Views sought on the Caravan Industry - ACCC
Colin1947


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Views sought on the Caravan Industry - ACCC
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Views sought on the Caravan Industry  -  ACCC  -  Australian Competition & Consumer Commission

 

The ACCC - most pleasingly - is taking a very close inspection of problems in the Caravan Industry... in relation to violations of the Australian Consumer Law. 

 

The Commission has issued the following Media Release (178/21): 

 

https://www.accc.gov.au/media-release/views-sought-on-caravan-industry 

 

The Survey is very easy to complete... with plain instructions and simple questions. 

All owners who have had "Consumer Protection" problems with their caravan are requested to complete and lodge the "Purchaser Survey"... as per the Media Release. 

 

This Project is being taken very seriously by the ACCC, and provides an excellent opportunity for 'vanners to take practical action to help eliminate the many problems that have caused - and are still causing - costly, lengthy and heart-breaking dramas for many caravanners. 

In reality, very few 'vanners who suffer unacceptable non-compliance problems with their 'van - or are subjected to the refusal by Suppliers to rectify defects, even Major Failures - contact the ACCC.  Normally they call their State Fair Trading or Consumer Affairs office for advice.  In addition, they usually contact helpful internet Forums or a Consumer Advocate for assistance.  

The prime Issues covered by the ACL (Australian Consumer Law) are: 

Section 54 of the ACL is a guarantee imposed by law on a supplier that the goods supplied are of acceptable quality. 

Acceptable quality is defined in section 54 of the ACL.  

Section 54 (2) and (3) states that:

(2) Goods are of acceptable quality if they are:

(a) fit for all the purposes for which goods of that kind are commonly supplied; and

(b) acceptable in appearance and finish; and

(c) free from defects; and

(d) safe; and

(e) durable;

as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).

 (3) The matters for the purposes of subsection (2) are:

(a) the nature of the goods; and

(b) the price of the goods (if relevant); and

(c) any statements made about the goods on any packaging or label on the goods; and

(d) any representation made about the goods by the supplier or manufacturer of the goods; and

(e) any other relevant circumstances relating to the supply of the goods.

Section 55 of the ACL is a guarantee imposed by law on a supplier that the goods supplied are reasonably fit.

Section 56 of the ACL is a guarantee imposed by law on a supplier that the goods supplied correspond with the description given by the supplier.

Section 57 (1) (c) of the ACL is a guarantee imposed by law on a supplier that the goods supplied correspond with a sample or demonstration model in quality, state or condition.           

Section 57 (1) (e) of the ACL is a guarantee imposed by law on a supplier that the goods supplied are free from any defect that:

(a) would not be apparent on reasonable examination of the sample or demonstration model; and

(b) would cause the goods not to be of acceptable quality.

 

Note:  The "Purchaser Survey" must be lodged by December 10 this year.   

 

This is an excellent opportunity for all highly-aggrieved 'vanners to help appreciably improve the professionalism of the industry... and enhance the Compliance, Safety, Quality and after-sales Service of caravans that are marketed in Australia. 

 



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Possum3


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Let's hope they do a complete investigation of the Caravan Industry - and clean out the rogues.

As the main offenders are operating out of Companies with minimum paid up Capital, and assets safely away from any legal retributions, it will be hard to prevent Rebirthing/Phoenixing and for Justice to occur.

Certainly, those that have been basically swindled out of their money and time will never truly achieve Justice.

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montie


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We have already completed the survey and the answer to question 1 was zero.
All pretty irrelevant from there.
I suspect this will apply to the majority of licensed dealers and I doubt if the "rogues" will complete the survey.




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Relax-n


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I did try to do the survey, but our van is older than two years.

The biggest issue with this survey is it is only new vans within the last two years.

At the moment, most new vans inside two years of age would not have done many miles (due to covid, travel restrictions, peoples fears etc)

When the issues with Jayco started, it was a bit of a warning to other manufacturers to tidy up their game.

If they were real serious about tidying up the industries riff raff, they would extend it to incorporate new builds from 2014 or 2015.

This would give a truer indication of consumer / warranty issues. They may then have cause to look at those manufacturers. Even though nothing can be done now, it would make a difference for the future.

Only my opinion.



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Possum3


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Relax-n, If you had problems within warranty period that were not adequately addressed by Manufacturer of Dealer, Do the survey any way, at least the ACCC will get an idea what to look for.

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Relax-n


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Possum3 wrote:

Relax-n, If you had problems within warranty period that were not adequately addressed by Manufacturer of Dealer, Do the survey any way, at least the ACCC will get an idea what to look for.

 Thanks Possum

But the question is asked - have you purchased a new van in last 24 months. If no, thats it, end of survey.

We did have issues with our new van, some major, some minor. And yes, we did lodge some issues with Consumer Affairs to get some assistance. A drawn out process, but it did result one of the major issues getting sorted. It also was a bit easier when further issues evolved, as the dealer knew we would take it further if necessary.

Some other things we could not get sorted. This was the whole he said, she said thing, as well as you should not have accepted it

An expensive lesson learned, but not the end of the world. Adapted around the issues.

So the survey itself will not do anything for new vans older than 2yrs. I believe there may have been enough complaints and this is the way of looking like they are going to do something, without really doing anything.



-- Edited by Relax-n on Sunday 28th of November 2021 08:43:58 AM

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Possum3


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Relax-n wrote:
Possum3 wrote:

Relax-n, If you had problems within warranty period that were not adequately addressed by Manufacturer of Dealer, Do the survey any way, at least the ACCC will get an idea what to look for.

 Thanks Possum

But the question is asked - have you purchased a new van in last 24 months. If no, thats it, end of survey.

 

 Relax-n, It is my contention that if a van is under warranty without satisfactory action taken by Manufacturer or Dealer you are still in a "period of purchase". As you have not totally accepted product,the time to conclude the deal must be when you totally accept delivery even NCAT relies on the Warranty Period as the time that caravan can be returned for full refund or repairs.

In your case, I would answer "Yes" to question regarding 24 months and I would put in the details of alleged faults and let the experts at ACCC determine validity.



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