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September 2010, Miscellaneous

Your rights - use them don't be fobbed off.

By David Hague   Fri, Oct 01, 2010

If something breaks, be aware of your rights to get it fixed at their expense and with least disruption

Your rights - use them don't be fobbed off.

This is not strictly a camera/camcorder oriented story, but nonetheless is pertinent to a lot, if not most, people who read Auscam Online – and a lot more besides.

The only way I can get the internet from The Shed in the Field is via wireless using Telstra. This meant ditching my ADSL 2 modem (anyone want to buy it?) in favour of a USB “Elite” wireless stick. This has been married to a Netcomm wireless router.

From day one, I have had connectivity issues with dropouts, non-connectivity, slow connections and other nuisances. Sometimes reconnecting can take 45 minutes or more. I originally thought the wireless router was to blame as the USB stick plugs into this and other devices (PS3, desktop, netbook, VoIP phone etc) connect by wireless or cable.

This was checked by Netcomm and duly proven to be OK as the Telstra modem still played up when directly plugged into the laptop.

On my next trip to Bunbury (an hour away) I called in the Telstra shop and was advised that even though I had bought it from them (on contract) I had to contact Sierra, the manufacturers about getting any warranty/replacement. The problem had narrowed down to being a donkey USB connection that was extremely fragile. An asthmatic mouse blowing on it could cause a disconnection.

Sierra informed me that I would need to send it back to them for testing before it would be replaced. I asked them that considering my location and the fact it was my lifeline to business (and socially), could they not send me a new one, I would swap over the SIM and send back the old. All happy, happy.

No, I was sternly told. That is not our policy. If I couldn’t do that perhaps I could ask my Telstra store (an hour away remember) to loan me one. I told them Telstra had already said they couldn’t/wouldn’t so couldn’t we come to an arrangement. I even asked nicely, pretty much knowing where I stood legally. I was advised – even more sternly – that this was not Sierra policy. So I thanked her and hung up.

The next call, to confirm what I was pretty sure I knew due to a chance hearing of a talk back segment yesterday with the head of Consumer Affairs in Australia was talking about such things.

Here are the results of my investigations and what you need to under the same circumstances:

  1. 1.       Your original contract is with the original seller (in this case Telstra) and therefore it is THEIR duty to effect warranty/replacement/repair
  2. 2.       They have no right to pass you on to the manufacturer (in this case Sierra)
  3. 3.       If you are under contract and have a dispute, Consumer Affairs  cannot get involved; this is now the provision of the Telecom Ombudsman (1800 062 058)
  4. 4.       You can ask for refund, repair or replacement depending on “fair use”.

Hope this helps someone else.

By David Hague

David Hague

David is the owner and publisher of AusCam Online. He has a background in media dating back to 1979 when he first got involved with photojournalism in motorsport, and went from there into technology via a 5 year stint with Tandy Computers. Following that, he ran a software distribution company on the Gold Coast and was one of the first to recognise the potential of Microsoft Windows.

Moving back to WA, David wrote scripts for Computer Television for video training for the just released Windows and Office 95 among others, and was then lured to Sydney to create web sites for the newly commercial Internet in 1995, building hundreds of sites under contract to OzEmail including Coates Hire, Hertz Queensland, John Williamson, the NSW Board of Studies and many, many more.

He went back into full time journalism as the Managing Editor for Channel 7's 'Gadget Guy', Peter Blasina's publications VideoCamera and Pixelmag, before starting Australasian Camcorder magazine when these publications were shelved. He lives at Sydney's Avalon Beaches nearly on the ocean front with dog Budweiser and in his spare time is a nut for motor sport, road safety, fishing, science fiction - especially Dr Who - and technology.

David can be contacted via david@auscamonline.com 

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