[H-GEN] LSL retaliates over freight refund request

Nikolai Lusan nikolai at humbug.org.au
Thu Dec 4 00:36:02 EST 2003


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On Thu, 2003-12-04 at 12:50, Greg Black wrote:
> Well, Linux Systems Labs have capitulated over the issue of the
> freight cost to return their faulty DVD, but rather ungraciously

That is good news for you. If only we could get record stores to replace
dead media (from damage or decay) at the proce of the media not the
price of the "licence" to listen to that music.


> But then they go on to punish me for sticking up for my rights:
> 
>     However, we would like to call for your attenttion that
>     since there is dispute between us, we will not be able to
>     offer you any services or goods in the future.
> 
> I'm fairly sure I've been told that this is not allowed, but I
> can't find a reference to it on the ACCC web site.  Does anybody
> know if I'm right?  Can anybody point me to a reference?

While I cannot point you to a refernce I am fairly certain that they can
choose not to sell goods to you or to have any future business relations
with you. IMHO it is the right of the business owner to choose whom they
do business with - terminating existing contracts is a different issue.
For a definitve response with regaurds to Queensland law you should
contact the Office of Fair Trading - http://www.fairtrading.qld.gov.au .
Personally I think it would be fairly shitty if a business owner had no
discretion over his business dealings. I would also like to go on record
as saying that I think their reasons for cutting off all future
relations with you is petty and childish.


> Of course, I'm not all that keen to do business with them again
> after suffering from one really faulty DVD (not to mention a
> replacement that took several tries to fully read), together
> with their attitude to customer service.  Nevertheless, since
> all alternative suppliers are overseas, I'm reluctant to let
> them get away with refusing service like this.

Like I say I believe that they have the right to refuse service to you -
not in any existing matter but in future matters. You have basically
caught them doing something dodgey and they do not wish to be caught
again. This kind of reminds of a few years back when people where
sealing cases and saying "You void your warranty by breaking this seal",
this of course is completely illegal you are entitled to open the case
and verify that you got what you paid for.


Nikolai


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