any updates on the GCI recall issue?

[hoRse]

what is going on with the recall? it's been months since any info has come out regarding the status of our air systems. whats going on?

[WAH11]

The GCI recall still stands. We were hoping that they would win their battle
with DOT - however, they have not. We are performing a pro rata replacement
for the tanks - you can have it changed for a new one for $90ea. If you
would like your tanks replaced, please send them down to us with a money
order for the tanks and return postage, and we will change them over
quickly.

Regards,

Bourke Grundy


THIS IS A COPY OF AN EMAIL I GOT TODAY
The NSW Fairtrading office are going to help me get a refund on the 2 tanks i have.:thumbsup:

[HenryG]

Any further updates on this matter

[WAH11]

My claim is being processed,:thumbsup:
Can take upto 14 days to complete.

Its like NSW Fairtrading told me.
Because the item they sold was recalled and deemed unsafe(see macdev web site for information) and they could not supply a replacement tank at the time,(see macdev website for information) they had to offer a refund.
As i needed to have my tanks for the upcoming weekend and they could not supply/replace them, i bought tanks from another supplier, this meant i didn't need to replace my recalled tanks and just want my money back.

[Hardcore]

When can consumers insist on a refund?
The goods a consumer purchases must be of merchantable quality. Goods and services supplied to consumers must also be reasonably fit for any particular purpose made known by the consumer to the supplier except where the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the supplier.

Consumers may ask for a refund if the goods purchased:

are so defective that they should not have been sold; eg. they don’t work, they break down or they develop a serious fault. If an article becomes defective after sale, one of the considerations for merchantable quality would be the price received by the supplier for the goods. (eg a $2 watch wouldn't be expected to last as long as a $300 watch).
they are not suitable for any particular purpose made known by the consumer to the supplier except in the circumstances noted above; or
they do not match the sample or description provided.
Consumers and traders may negotiate other solutions such as a repair or replacement but under these circumstances a consumer has a legal right to cancel a contract (rescind) and receive a refund if there is a breach of that contract.

Where a dispute arises between a consumer and a trader, the Office of Fair Trading can negotiate with the parties to achieve an acceptable solution. However, Fair Trading is unable to direct the parties to a particular course of action. Only a court or tribunal is empowered to make a determination in such circumstances.

[WAH11]

Macdev claimed there was a price increase with the new luxfer tanks being supplied(see macdev web site for information)this is the reason they want you to pay for the replacement tank.
But the price i have on my invoice for a legionair 68/4500(supplied with CGI Bottle) is the same price they are still selling them for with a luxfer tank supplied.:confused:

[WAH11]

I got a call from the NSW Fairtrading dept today,
Looks like i might have to conseed defeat.:cry: What you wrote hardcore was correct but read the part i highlighted.
I am having the paper work forwarded to me from the NSW Fairtrading dept
so i can lodge it with the courts.
So the government dosen't protect us from this sort of situation unless you want to spend the money and persue it.
I dont agree with DICK SMITH anymore about supporting australian manufacturing companys.




When can consumers insist on a refund?
The goods a consumer purchases must be of merchantable quality. Goods and services supplied to consumers must also be reasonably fit for any particular purpose made known by the consumer to the supplier except where the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the supplier.

Consumers may ask for a refund if the goods purchased:

are so defective that they should not have been sold; eg. they don’t work, they break down or they develop a serious fault. If an article becomes defective after sale, one of the considerations for merchantable quality would be the price received by the supplier for the goods. (eg a $2 watch wouldn't be expected to last as long as a $300 watch).
they are not suitable for any particular purpose made known by the consumer to the supplier except in the circumstances noted above; or
they do not match the sample or description provided.
Consumers and traders may negotiate other solutions such as a repair or replacement but under these circumstances a consumer has a legal right to cancel a contract (rescind) and receive a refund if there is a breach of that contract.

Where a dispute arises between a consumer and a trader, the Office of Fair Trading can negotiate with the parties to achieve an acceptable solution. However, Fair Trading is unable to direct the parties to a particular course of action. Only a court or tribunal is empowered to make a determination in such circumstances.

[BJM]

Your tax dollars at work......Here's what needs to happen, but we're not going to help you get there.....Love it :(

[JagerCoRps]

The GCI recall still stands. We were hoping that they would win their battle
with DOT - however, they have not. We are performing a pro rata replacement
for the tanks - you can have it changed for a new one for $90ea. If you
would like your tanks replaced, please send them down to us with a money
order for the tanks and return postage, and we will change them over
quickly.

Regards,

Bourke Grundy


THIS IS A COPY OF AN EMAIL I GOT TODAY
The NSW Fairtrading office are going to help me get a refund on the 2 tanks i have.:thumbsup:

If I were a Business person, I would nearly reckon these replacement tanks only ever cost a total of $90.00 per bottle when bought in bulk........In my opinion.........you are still paying for a new bottle anyways......it's not costing the company you originally purchased the bottle from a red cent........In my opinion

[Hardcore]

23rd August 2005



Customers please note, the MacDev bottle replacement is only valid for GCI bottles sold with the MacDev logo. Furthermore, bottle replacement must occur within six months of this safety recall, replacement requests after this time may be denied.

People need to hurry up and get this issue resolved.
19 days to go before 6 months is up.

[HenryG]

People need to hurry up and get this issue resolved.
19 days to go before 6 months is up.
Wounldn't the six months start from the date of recall in Australia??? Or from the date the they lost the appeal?

[WAH11]

Should have my situation sorted soon.:eek:

It's only costed me about 10 hours of STD phone calls to get this far.:thumbsdow

[Hardcore]

Are you with Optus or Telstra? :lol:

Jokes aside, I hope there's light at the end of the tunnel.
Care to post up the saga once you have a resolution?

[WAH11]

Does anyone else have one of these tanks still out there.
If so PM me

[WAH11]

A big thanks to the CCCT :respekt:
I am to recieve a full refund :thumbsup:

Exactly 12 months and 1 day after i purchased these tanks.:thumbsdow

[BJM]

At least you got the "Right" result.

Can you post any info for those looking to follwo suit ?

[HenryG]

Congrats on getting your refund. I hope that anyone else out there that has paid to get theirs exchanged will also see a refund.

[Blobby]

did he get a refund for the excange or did he just not want them at all and asked for a refund????.as in no thanks dont want new bottles or the old ones.....if this is the case then he would have to return the product for a refund....then refund given....no product return no refund....

[WAH11]

did he get a refund for the excange or did he just not want them at all and asked for a refund????.as in no thanks dont want new bottles or the old ones.....if this is the case then he would have to return the product for a refund....then refund given....no product return no refund....

That's all i wanted in the first place, was my money back for a product that
could not be used for what it was sold to do.
I was told that Mac Dev are only offering the $90 replacement and
would not refund my money.It was ruled today that Mac Dev should refund my purchase price or replace my cylinders.
The thing that sux's about all this is i had to spend all this time just to get them to follow the law.

[Blobby]

so you returned the bottles how long ago???before the six months???

[Hardcore]

Blobby, are you seriously trying to justify how Macdev have acted?
C'mon man, I thought you had brains.

[Blobby]

no i am not....just wondering....if adam did everything right and in the end got the right result then others can too...no matter who or what the problem....

and i am now worried....you been thinking of me??????shiver....hope it wasnt that dream about me in the silver g string again???...

[WAH11]

so you returned the bottles how long ago???before the six months???
Blobby,
I still have the bottles because Mac Dev had refused to refund my money.
So to answer your question. NO!!! not before the 6 months.

Here is a question for you blobby,??
Do you still return items to the supplier for a refund even if they have told you they will not refund your money, they will only give you a replacement product if you pay them more money.????.

[WAH11]

no i am not....just wondering....if adam did everything right and in the end got the right result then others can too...no matter who or what the problem....

Answer me this blobby, in by doing it right you mean the way mac dev wanted it done, or done right by following the consumer protection laws.

You work it out, :confused:
I won :eek:

[The Camo Kid]

I won :eek:

well done about time, the whole thing could have been handled better