View Full Version : Would you be a little bit angry?
streaky
20th May 2013, 09:59 PM
If you gave a well reputed Australian suspension manufacturer an order for two complete sets of springs and shocks together with crystal clear written instructions to supply rear springs for both cars rated at +300kg...but when the goods arrived and were fitted the rear end sags down on both cars.
I raised this issue with the supplier and was told " we thought +300kg was excessive so we sent you springs rated at around 200-250kg instead". I reminded them that I'd given clear instruction so they have offered me a replacement set of springs but I have to pay the air freight from Australia to Dubai which costs more than a set of springs!
The company went to say that they don't pay freight of warranty claims...but hang on...this isn't a warranty claim...you messed up my order from the get go!
Annoyed.com
Chops
20th May 2013, 10:18 PM
Be buggered if I'd be paying for it, their stuff up,, their fix,,
Although I'm not sure how you can "make" them fix/pay for it, especially from OS. You could I guess go through a legal firm, but you'd be wanting to make sure that the offender was to pay costs. Having said that, with your paper trail, they really don't have a leg to stand on.
Good luck with it all Streaky.
Landy Smurf
20th May 2013, 10:22 PM
how stupid on their behalf.maybe they did not have the ones you wanted and wanted to still have a sale and thought that you were overseas so you cant do anything about it.
UncleHo
20th May 2013, 10:29 PM
I would suggest a letter of demand from a legal firm would do the required job.or from a stipendary magistrate would suffice.
cheers
DeeJay
20th May 2013, 10:33 PM
For saggeritus I would recommend after market air bags to go inside the springs..
streaky
20th May 2013, 10:47 PM
I had no choice but to pay the freight costs so this weekend I fitted the replacements which are +300kg rated as per my initial request.
At last I'm really happy with the quality of the ride but will have a sour taste for some months to come because of this episode.
The same company also sent the wrong steering damper for my mates 90....again they admitted it was their mistake but we had to pay for the freight of the replacement one too.:censored:
I'll try to sell the old springs to recoup some of the freight costs, I'll also be able to sell the steering damper since they said I could keep it.
Hoges
20th May 2013, 10:59 PM
Hang on here...they screwed up. It's not a warranty claim ..the goods as supplied were not "fit for purpose" as per the explicit customer instructions and they made an ill-informed decision to change the order! The action no doubt constitutes a breach of the Trade Practices Act or whatever it's called today.
My first action would be to make a personal phone call to the managing director, don't take any BS from his assistant... keep asking to speak to him/her. Politely and succinctly explain the situation ..naming names. No doubt you have already paid for the air freight..this is on their dollar.
They can either pay to have what you didn't order returned, or send a complete new order.. either way it's their muck up.
Before wasting $$$$ for a lawyer's letter, I'd take the personal approach first.
Try and google the info on the company. If it's a publicly listed Co. all their contacts ...CEO/Board etc are listed on the Australian Stock Exchange website. If the Co. is a division of a larger co. try and find out who the head honcho is ...
Wouldn't hurt to (casually) remind them ...if they start to dig in, that social media is an excellent way of enhancing their reputation...or not:eek:[bigwhistle]:angel: just "saying" that's all :wasntme:
EDIT: sorry ...cross post ...I need to type faster!
3toes
21st May 2013, 02:55 AM
Reading the original post the springs were supplied by a company in Dubai so you are dealing with Dubai law not Australian law.
They do not have a warranty issue with the product supplied however they are no doubt taking advantage of the difficulty in chasing them in another country with different laws.
Do their terms and conditions of sale define what the term warranty claim means to them? This term could mean the product supplied is not as described. I have seen this before in sale contracts.
Blknight.aus
21st May 2013, 04:46 AM
heres a kick in the teeth for you and sorry.
IF you order something from a company, its an incorrect supply item and you fit it you're essentially saying that you are happy with the item as provided and accept whats been delivered as is.
The failure is now a warranty claim.
IF you had got on the blower immediately, not installed the item and demanded the correct item then its a Not fit for purpose type claim. Youd have been in the perfect position to have them pay for the lot.
mikehzz
21st May 2013, 06:24 AM
Reading the original post the springs were supplied by a company in Dubai so you are dealing with Dubai law not Australian law.
They do not have a warranty issue with the product supplied however they are no doubt taking advantage of the difficulty in chasing them in another country with different laws.
Do their terms and conditions of sale define what the term warranty claim means to them? This term could mean the product supplied is not as described. I have seen this before in sale contracts.
Other way round isn't it? Streaky's in Dubai and it's an Aussie company.
London Boy
21st May 2013, 06:54 AM
heres a kick in the teeth for you and sorry.
IF you order something from a company, its an incorrect supply item and you fit it you're essentially saying that you are happy with the item as provided and accept whats been delivered as is.
No, it depends when it became evident that the wrong item had been supplied (keeping in mind that acquiescence is an equitable defence and is available entirely at a court's discretion).
If it was clear before they were fitted that under-rated springs had been supplied then the purchaser could be said to have acquiesced.
If it was not clear that the wrong springs had been supplied until after they were fitted, then it is most likely a simple breach of contract. The supplier (assuming it is an Australian supplier) is then liable for damages for that breach. Damages would, in this case, be the freight costs at the very least.
Probably a letter of demand would suffice.
Cobber
21st May 2013, 07:13 AM
Sorry to hear about your experience :(
I can't help but feel a bit of courtesy would have gone a long way here. I mean, how hard is it to send you an email, or ring, confirming your order details? :confused:
disco gazza
21st May 2013, 07:28 AM
I'd be calling the company MD and telling him what happened.
If the answer is not satisfactory to you,then I would be putting it on Facebook/Twitter and any other social media forum about your experiences with them.
Telling the world about your bad experience with them on social media is far worse for a company than 1 persons complaint to the MD.
My 2c worth..
cheers
Don 130
21st May 2013, 08:05 AM
Department of fair trading?
NSW Fair Trading: Homepage (http://www.fairtrading.nsw.gov.au/default.html)
Don.
Davo
21st May 2013, 11:12 AM
Your mistake was to deal with an Australian company! There are only a few that will actually do the right thing, again and again.
I would call, email, and send letters on a daily basis, keeping the argument to strictly the facts of what happened, pointing out exactly what they did wrong and exactly what they should do to make it right. I don't know what it is, but there are some people around who are so stupid that they need something repeated over and over until it penetrates. Usually, they don't ever realise that they did something wrong - regardless of how obvious it is - but finally just do whatever it takes to make the noise go away. So go and be noisy. It's satisfying too!
newhue
21st May 2013, 03:23 PM
I'd go the line,
I read a few forums, one has around 8000 members, another has 50 000. Sorry to hear you are unwilling to help with your mistake. However I am will to share your experience with all my online friends.
streaky
21st May 2013, 03:51 PM
I am living in Dubai and placed my order with the company in Western Australia.
The accompanying letter I sent with the order clearly mentioned both sets of rear springs to be +300KG rated.
When the suspension arrived I fitted it to both cars and noticed how soft it was at the rear. I complained to them and was told that 'according to them' the springs supplied were the correct fitment but they would supply another set rated at +300kg if I paid the air freight.
I also ordered 2 steering dampers....when the goods arrived I immediately noticed one was the wrong type. Again they said they would replace this and send it with the replacement springs.
Since one car is a Discovery and the other a Defender 90 we were able to swap the rear springs of the Discovery onto the 90 to cure the problem. But I still had to get a set of springs for the Discovery and the correct steering damper.
To recoup some of the airfreight I've managed to sell the spare damper and the springs...but i'm still out of pocket a huge amount since the freight costs double the value of the goods.
The replacement springs and dampers have now been fitted and the performance is what I'd expected....I'm just :censored: at how much it's cost and how the company refused to accept any blame for what is undeniably an error from their side.
ramblingboy42
21st May 2013, 05:54 PM
welcome LondonBoy, you one time poster.....will we be hearing more from you? what model Land Rover do you own?
dullbird
21st May 2013, 07:52 PM
welcome LondonBoy, you one time poster.....will we be hearing more from you? what model Land Rover do you own?
What exactly is the purpose of this post?
Blknight.aus
21st May 2013, 09:29 PM
It might be the same London boy from another forum that I'm on. On the vague assumption its the same person his MO is to come in troll aggressively with one account then play the other side using a different login.
I've only seen it once but other members on the forum have worded his MO across from other forums they are on.
It may just be a co-incedence.
dullbird
21st May 2013, 09:33 PM
It maybe the case however I find his post up there informative so think its a bit off to judge on a first post.
And if it wasn't the case and it was a coincidence then not a very nice way to greet a new member.
Davo
22nd May 2013, 10:52 AM
I am living in Dubai and placed my order with the company in Western Australia.
The accompanying letter I sent with the order clearly mentioned both sets of rear springs to be +300KG rated.
When the suspension arrived I fitted it to both cars and noticed how soft it was at the rear. I complained to them and was told that 'according to them' the springs supplied were the correct fitment but they would supply another set rated at +300kg if I paid the air freight.
I also ordered 2 steering dampers....when the goods arrived I immediately noticed one was the wrong type. Again they said they would replace this and send it with the replacement springs.
Since one car is a Discovery and the other a Defender 90 we were able to swap the rear springs of the Discovery onto the 90 to cure the problem. But I still had to get a set of springs for the Discovery and the correct steering damper.
To recoup some of the airfreight I've managed to sell the spare damper and the springs...but i'm still out of pocket a huge amount since the freight costs double the value of the goods.
The replacement springs and dampers have now been fitted and the performance is what I'd expected....I'm just :censored: at how much it's cost and how the company refused to accept any blame for what is undeniably an error from their side.
A WA company??????? Well, there's your mistake. I simply do not ever buy Landie parts in WA. And I'm from here. It's just too expensive and time-consuming. It's like supporting some special project simply out of goodwill. Like when you buy the ugly painted craft thing because you feel you should. I've lost at least several hundred dollars over the years from this, so I buy everything from over east, including non-Landie stuff.
You should chase them up until they've had enough but just count it as a learning experience and deal with England, or the eastern states here if you're desperate.
BMKal
22nd May 2013, 11:14 AM
A WA company??????? Well, there's your mistake. I simply do not ever buy Landie parts in WA. And I'm from here. It's just too expensive and time-consuming. It's like supporting some special project simply out of goodwill. Like when you buy the ugly painted craft thing because you feel you should. I've lost at least several hundred dollars over the years from this, so I buy everything from over east, including non-Landie stuff.
You should chase them up until they've had enough but just count it as a learning experience and deal with England, or the eastern states here if you're desperate.
What a load of rubbish.
There's plenty of places where you can get Landrover parts and accessories in WA - both genuine and after-market, and who provide a good service.
Believe me - I've shopped around to make sure that I am getting as good a deal locally as I could get from over east - I don't like giving my money away either. I've never had any problem with the service that I've received from the people I deal with here - and if I do have an issue with them, I simply go and see them and get it sorted.
And no - I haven't compared local (Australian) prices with what I could possibly get the same items for from England. I'd rather keep my business local than try to skimp on a few dollars by shopping for everything overseas and then whinging and bellyaching like so many do when the local businesses disappear.
Davo
22nd May 2013, 12:33 PM
Ha! That is funny, as if I don't have my reasons for complaining. I suppose you've been lucky, and it's a lot different if you can actually go to the shop and sort it out. But I don't like:
- waiting a week for bearings to be sent express from the Pilbara
- losing a couple of hundred from a wreckers in Perth when they send the wrong part and then argue
- not getting replies to repeated requests from parts companies
- never hearing back after phone calls
- being sent a part not once but twice that was broken in the post after packing instructions were ignored
- then having that happen again with another company
- having not one but two radiators damaged from bad packing
- the camshaft companies that just don't seem interested in sales
- parts being left out of an order, but still being charged
All the same as the OP's situation. And that's just over the last several years. So excuuuuuse me if I don't like banging my head against the same brick wall.
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