ACCC investigating Maxwell anti competitive behaviour

[gMaster]

Just rang up a photo equipment shop at north sydney and where talking about availability of the 70-200 vr issue and then side tracked on to the warranty of the lense topic.

The shop owner told me that ACCC is looking into Maxwell's business practice in the area of refusing to servicing international warranties etc. Not sure how credible this rumour has (and I said again it is just RUMOUR that i was told).

Birddog you have any info on that area, either way if it is true, it will be a good thing, about time some one looking into Maxwell's monopoly premiums.

[gstark]

The shop owner told me that ACCC is looking into Maxwell's business practice in the area of refusing to servicing international warranties etc.

My understanding of the situation is that their practices would not be legal, no matter how you looked at it. That they succeed is due to only to customer apathy.

I had a similar situation with Casio a few years back, regarding a PPC purchased in Florida with an international warranty. Casio wanted to hear nothing about it, but I pointed out that and international warranty is exactly that, and that they needed to get their act together and deal with the problem.

[birddog114]

Hope you're not the last one asked this question.

Yes, it's some way, and it related to ACCC and Office of Fair Trading.

- Asking and forcing reseller to sell at their nominated prices, this act against the Trade Practice Acts and competion in between seller and seller.

Previously Humax's director has been fined the large amount of sum same as Humax Australia by the ACCC and Office Of Fair Trading.

and some other matters related to warranty and their trading patterns.

[johndec]

Good, I hope they get they get nailed.... We have had to live too long with their stratospheric pricing because they try to scare us with "Grey Import = No Warranty".

If they are forced to honour international warranties, we may find that they have to offer competitive prices here in Australia to save what is left of their tattered business.

Don't forget that if they repair something with an international warranty, they would bill Nikon anyway, it's not like it comes out of their pocket. They just don't want to do the repairs so that they can scare us into buying from them at a huge markup (and profit)....

[hangdog]

Apologies for the long cut-&-paste. Does the following accurately reflect the current situation?

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From: http://www.nikonclub.com.au/qa/digital.html

"Q: I'm a bit confused by the warranty arrangements Nikon has in place. I have a friend with an F100 that says Nikon warranties are international, but I looked on the warranty card for my new Coolpix camera and it only covered the local region. Is this an international warranty anyway? (September 2004)

A: No, it is not an international warranty. The situation does vary between digital and non-digital products, but is otherwise quite clear-cut, and is specifically set out as follows:

Local warranty: digital equipment (digital SLRs, Coolpix compacts & Coolscan film scanners)

Your Nikon equipment is guaranteed against any manufacturing defects for one year from the date of purchase.
The warranty card is issued only at the time of original purchase; it is non-transferable.
The warranty card must be presented to the Nikon Service Facility before any repair can be made under warranty.
Establishing the original purchase date should be made by the original consumer purchase via the sales slips or other evidence.
Damage caused by accident, misuse, do-it-yourself repairs, sand, grit or water is not covered by this warranty, which is only valid at Nikon Service Centre.
All mail or transportation costs, including insurance, are at the expense of the owner.
All other claims of any nature are not covered. Warranty for digital product is only valid in the country of purchase.

WARNING!
Be wary of overseas dealers claiming to be able to sell or provide you an international warranty for digital equipment. THIS IS FALSE. International warranty for digital equipment is unavailable.

International warranty: conventional equipment (lenses, film cameras, Speedlights)

Your Nikon equipment is guaranteed against any manufacturing defects for one year from the date of purchase.
The warranty card is issued only at the time of original purchase; it is non transferable.
The warranty card must be presented to the Nikon Service Facility before any repair can be made under warranty.
Establishing the original purchase date should be made by the original consumer purchase via the sales slips or other evidence.
Damage caused by accident, misuse, do-it-yourself repairs, sand, grit or water is not covered by this warranty, which is only valid at a Nikon Service Centre."

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If so, I'm not sure I see any problem with Maxwell.

--Chuan

[gMaster]

From my understanding the statement from maxwell site is true for the Digital equipments, but they also REFUSE to service or provide warranty for LENSEs that bought oversea. Which is contradict to the statement. But me have no experiences personally, so can't really commet. My understanding are based on the froums and word of mouth.

[ipv6ready]

One thing I had my D100 serviced recently....this was bought new duty free in the US.

Maxwell serviced and charged me money. So I prseume they will service grey market digital cameras for a fee. The warranty was not a issue as I ran out two years a go.

Also anyone know how iron clad Maxwell sole rights to Australia is. I think this forum should lobby Nikon Japan to GIVE IT TO US

[Andoru]

Maxwell's official word about insurance can be found in this Nikonians.org thread:

http://www.nikonians.org/dcforum/DCForumID25/983.html

Which I reproduce here:

In relation to Australia, several factors come into play. I will try and discuss each in turn.

1. Nikon digital products (scanners/digital compacts, digital SLR's) are warranted only in the first country of importation. This is because each country has subtle but important safety compliance requirements in chargers, power supplies radiation and so on. Different countries also bundle different software, so support is not available for software not supplied in this country, for example.

The power supplies for our digital camera chargers, for example, are AS designated - that means they are marked with the N150 approval number from the Australian authorities, they comply with RF radiation standards and they are supplied with an approved electrical cord that has its own approval number from the authorities.

2. Digital Product imported from overseas by a consumer, say via the Internet, is subject to warranty by the vendor overseas, who is bound by the trade rules as to merchantable quality of the country of purchase. Typically a year's warranty. The EU varies this and sometimes it is longer. The cost of freight, and duties of returned merchandise are subject to payment by the buyer in almost all cases.

3. At the time of importation in purchases from the Net, the vendor is required by Australian law to declare the actual transaction cost and declare that value for GST payment to Customs when imported into Australia. The importer or buyer is required by law to pay GST and any duties at the value of the purchase. Failure to do either of these things is a breach of Australian law and subject to possible confiscation of the goods by Customs and payment of GST plus damages.

4. In the situation where a trader imports goods from another retailer or vendor overseas, other than the manufacturer, whether they be digital goods or not, the carton of the goods should be marked with suitably visible markings to indicate the name of the importer and the address to which the buyer should return the goods should they fail. Maxwell, who in this case is not the importer, is not legally bound to repair such goods under warranty, even if, as in the case of a lens, there is in fact a worldwide warranty. The reason is that as another company actually imported them it is that company who has the legal liability to warrant the goods as merchantable and fit for sale. Where that does not continue for a reasonable period, that company is required to effect make-good arrangements. Any failure to distinguish the goods from other goods imported by the authorised distributor could be subject to further prosecution under the Trade Practices Act, as passing off goods of a deceptively similar nature, without making clear the different warranty outcomes and provisions that apply.5.

5. Where a consumer buys a lens, say, with worldwide warranty while the consumer is physically overseas, provided that the lens does indeed have a valid Nikon Corporation worldwide warranty (and not a USA-only or EC region only), or much more frequently a Hong Kong "Worldwide Warranty" form issued by the HK retailer, a consumer is entitled to seek warranty repair by Maxwell or its approved service agents in Perth, Adelaide, Brisbane and Melbourne, for such objects, but only after producing the original sales docket, proof of purchase (charge card receipt) AND the Nikon warranty form..

6. The same consumer, buying over the Net, must seek all warranty from the vendor overseas, notwithstanding they may indeed have a valid Nikon Worldwide Warranty form. There is no contract of sale between Maxwell and the buyer and we were neither the importer or the vendor of the goods they have purchased. As Maxwell is a distributor and not an agent for Nikon, there is no obligation on us to provide warranty for such purchases.

Sincerely
John Swainston
Managing Director, Maxwell Optical Industries P/L - National Distributor for Nikon Imaging across Australia.
http://www.maxwell.com.au

The main problem/hurdle is that Maxwell has continuously assert that they are a Nikon distributor and not a subsidiary and therefore is not bound by terms which would have been binding on a subsidiary.

Make European Camera Specialist a Nikon subsidiary and our problems may be solved.

[birddog114]

Again, This warranty type has been posted here before, I re-clarify:

Maxwell same as other Nikon Disti. in the world won't provide or honour any warranty for digital product as DSLR/P&S etc....

Maxwell will service all other Nikon products as lenses and film camera with International warranty, provided you have have proof of purchase and warranty certificate (yellow docket).

Maxwell will provide warranty service for DSLR/ P&S or other digital equipment not purchasing in Australia or from Maxwell resellers with chargeable fees, regardless within or without of warranty period.

The ACCC is investigating the claim from number of resellers about Maxwell asking them to sell the DSLR at the price which Maxwell nominated otherwise they will loose their reseller status, that what I heard since few weeks now, and it's against the law and trading acts.
None of Disti nor manufacturer can force sellers to sell their products at their nominated prices, it was happenned with Humax in the last few months

[Andoru]

Ah! Thanks for the clarification.

[birddog114]

Ah! Thanks for the clarification.

Andoru,
There's always something we learn but not something we touch!