5 January 2012

Australian Consumer Law

Compliance with Australian Consumer Law (ACL)
(CCA, Cth., 2010) – warranties against defects

 
Dear Customer

As at 1 January 2012, suppliers and retailers have had to adapt to new obligations under the Australian Consumer Law, hereinafter called The Law or the ACL. This document lays out what Maxwell offers by way of warranty, what dealers and consumers should expect, and links to the content at www.maxwell.com.au to fully comply with the new law.

Maxwell International Australia Pty Limited has always operated its business in both the spirit and the letter of the various commercial laws, Federal and State, related to consumer protection rights. As a business distributing products identical to those sold in other markets, and in an effort to ensure globally competitive product, wherever possible, we ship products that in general do not have unique characteristics in packaging except where a specification (electrical/ RF/ safety) may be required in Australia that exceeds international standards.

All traders must await court clarification of various definitions of "reasonable" through actual cases creating precedent, as occurred in the UK after the introduction of a similar law.

 
How Maxwell supports retailers in meeting their obligations under the ACL

The ACL covers transactions between consumers and retailers. In the case of The Australian Consumer Law, we seek to support retailers in complying with their obligations under The Law.

Maxwell supplies goods, which, to the best of our ability, are fit for the purpose described in our brochures, in point-of-sale material and on our websites, and our suppliers' websites. If goods are found unfit for such purposes, we will support the repair or replacement of such goods in a timely manner, under our obligations as the supplier to the retailer who is bound by the ACL.

'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. A Consumer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Consumer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.'

There is no requirement in the ACL that such a document is included with each item, but rather that that a statement be transparent and reasonably available for public access. Placement on a website complies with this directive. The contract of sale that enforces the ACL is between the retailer and the consumer. It is the retailer that must offer the consumer the warranties under the ACL. In trading with Maxwell, your retail business is protected in full by our statement in quotation marks above, a quote from the Act, and by our written commitment to support you under the ACL.

Lowepro warranty is global. The warranty is supported by Maxwell's parent company, DayMen Acquisition Ltd, of Canada, as well as by Maxwell here in Australia. The Lowepro warranty is a limited lifetime warranty. Simply stated, if the product is defective through faulty materials or workmanship we either repair or replace it indefinitely, while owned by the original owner. This does not include fair wear over time. (In the 40 years this has been in practice, defects are well below 1% of all goods sold throughout that time.) These terms are defined on our website and far exceed the reasonable expectation of suitability for purpose as defined by the ACL.

See www.lowepro.com/support/warranty

A PDF document is on Lowepro's global website to specify which sections of the ACL override the universal warranty. A multi-brand warranty document is being added to www.maxwell.com.au, our local Australian website, which covers the specific details of each brand we represent, and the required processes for claim, by both the retail supplier and by the consumer directly.

Please refer in our Maxwell Warranty PDF to the warranty reference extract that is included with every Lowepro bag and pouch, which connects the consumer to his or her warranty entitlement from the retail supplier.

The terms of our warranty for Acme Made bags, another subsidiary of DayMen, provides the same warranty as Lowepro.

See www.acmemade.com/Catalog/Global.aspx?PageID=CustomerReview

Maxwell imports Tamron lenses from Japan. To the 12-month warranty provided by the manufacturer Tamron, Maxwell adds a further year, protecting consumers fully in the first two years of ownership. As the goods are generally a "considered purchase of some value" this extended term is designed to assure consumers. A lens that has operated without defect for two years is highly unlikely to have a manufacturing defect or materials shortcoming as the cause of failure. The text shown in our Maxwell Warranty PDF is inserted in every box.

Goods purchased from overseas websites are not covered!

The warranty that applies to JOBY products is published on its website.

See http://www.joby.com/support

The 12-month warranty undertakes to replace goods that are defective, simply by emailing us a photo of the alleged defect, copy of proof of purchase and date of purchase. In Australia there may be additional rights under the ACL. JOBY products are generally of lower average cost, most under $50 retail; under the ACL, 12 months could be expected to be a "reasonable expectation of merchantable quality". Maxwell supports that warranty. No warranty statement is included with goods, due to their commonality with other goods for all other markets.

All goods are warrantied by Maxwell to perform to the reasonable expectation of consumers, and Maxwell will implement the Australian Consumer Law obligations of its retail customers in the event of defects. Each brand's warranty differs. Each is explained on the web posting. Warranty clauses on Maxwell's website specifically address the warranties that apply.

Display stock

All goods supplied by Maxwell, damaged or broken while on display, not caused by manufacturing defect or shipping damage incurred in transit to the retailer, are the obligation of the retailer and are not warranty claims.

Important note

MAXWELL reserves the right to inspect all goods returned to us under claim of warranty defect, prior to repairing or replacing under warranty. The law clearly stipulates our obligation to inspect such goods in a "reasonable period of time, usually less than 14 days after receipt". Only after we have inspected such goods can we assess if the goods are defective in manufacture or subject to damage that is outside the terms of The Australian Consumer Law.

While Maxwell fully supports the ACL, a retailer may not arbitrarily impose on Maxwell an obligation greater than the ACL, in preventing us from verifying the goods as defective as defined in the ACL. If a retailer, their agent, an employee or a representative of the retailer chooses to exceed the obligations that the manufacturer or importer bears in supporting the retailer's obligations under the ACL, it is at the retailer's risk and expense. Maxwell reserves the right to decline a warranty claim if returned goods are not in fact faulty, or the defective goods returned are not accompanied with packaging, accessories and all items supplied with the goods at the time Maxwell supplied them to the retailer.

For all other matters in relation to the ACL, and goods or services supplied by Maxwell to its retail customers, please contact acl@maxwell.com.au, a dedicated email address that will enable us to fully track any consumer or dealer enquiries, including all matters related to Sub-section 102 of the ACL in explaining our various 'Consumer Guarantees'.

Please also note that the Maxwell Warranty PDF clearly states that transactions made with offshore entities where goods are shipped direct to consumers by an overseas retail entity or online service provider are NOT subject to the ACL. Any claims for repair against defect are the obligation of the retailer who supplies the goods. They are not the obligation of other Australian retailers or Maxwell International Australia Pty Limited. Maxwell will not enter into any correspondence with, or support, consumers for products purchased overseas by either consumers or retailers.

John Swainston
Managing Director,
Maxwell International Australia Pty Limited

Summary of consumer warranty terms for the brands Maxwell represents in Australia*

Beyond the summary above, the Maxwell website www.maxwell.com.au has a specific description of the nature of the warranty or "guarantee," as defined by The Australian Consumer Law, covering each brand. This can be accessed via the Warranty link at the bottom of each page.

* This list is summary in nature. For full details of Warranty conditions by brand, please go to http://www.maxwell.com.au/documents/maxwell_warranty_acl_1jan2012.pdf