Repair of grey import 40D by Canon Aus

[Tricky]

As you may have seen in an earlier thread (http://www.ausphotography.net.au/forum/showthread.php?t=40483), my Canon 40D died a death shortly before I was due to go on holiday (fortunately I got a 7D in time).

As suspected, the 40D has suffered a problem with its shutter mechanism, though for some reason they're calling it "an electronic failure".

Being a grey market import, just outside its 12 month warranty period (15 months), I had little hope of recourse against the retailer from which I bought the camera. However, the ACCC advised me that I should follow up my claim with the manufacturer directly, as ANY consumer goods sold in Australia fall within the Trade Practices Act and therefore need to be of "merchantable quality" and "fit for intended purpose".

So I sent my 40D off to Canon Aus' repair centre in Sydney. Initially they replied saying that as the Camera was not official Aus stock and the camera was out of warranty anyway, I would have to pay for the repair. The repair was quoted at $435 all in, including new shutter mechanism (around $70), repair labour and full service of the body.

I pointed out that I wasn't seeking repair under manufacturer's warranty, but under the implied warranty obligatory under the Trade Practices Act. I argued that 15 months and 12,000 actuations (rated life 100,000 actuations) could not be considered "merchantable quality".

After some buck passing up the line of seniority within Canon Aus, I got a reply stating that Canon accepted their responsibility under the Trade Practices Act. However, for some reason they never clearly explained to me, they considered the camera's failure to be 'electronic' rather than a manufacturing fault, and hence their general counsel considered the failure to fall outside the remit of the Trade Practices Act.

However, they also acknowledged that I was a loyal Canon user - I've owned Canon SLRs, Ixus P&S and DSLRs for over 20 years. As such, 'without admiting liability', they offered as a goodwill gesture to "share" the cost of the repair, reducing the cost to me from $435 to $217.

Whilst I do not agree with their view that an "electronic fault" is outside the scope of TPA, I don't see them backing down any further... to take it further would require a lot of effort for a couple of hundred spondoolies. Equally, I felt that their offer to halve the cost was a reasonable gesture of goodwill. If they'd offered nothing, then I might have taken it further.

My conclusions are:
- even with grey import stock, Canon Aus are aware of their obligations under Trade Practices Act. However, actually pinning them down to pay for repairs is harder (define "electronic fault" anyone??)

- Canon Aus are acutely aware of customer goodwill and are prepared to go some way towards keeping their punters happy - if my 40D had been Aus stock, they would almost certainly have repaired it despite being outside the warranty period

So, I've authorised the repair and the 40D should be on its way back to me around the same time that I get back from hols. Expect to see a 15 month old 40D in excellent nick with new shutter mechanism / newly serviced offered for sale in the AP classifieds section sometime soon! :)

[Burning Image]

really interesting story. i'm always tempted to buy imported equipments from hong kong.......
i'm looking to buy the new 16-35 II from hong kong next month so thanks for sharing your story :)

[MrTypeR]

glad you got a good outcome!!

[enduro]

I have bought a few bit of equip from Honkas too and have not yet had any issues with the gear (and wouldn't expect to have any more issues than "non grey" gear purchased in AU - would anyone???).

It's good to see Canon AU buckling and managing the repair of you shutter, mechanical or electronic fault. I am not entirely sure of their warranty aggreement, however most warranties read: "repair or replace due to manufacturing fault". I don't recall any stipulation regarding a defference between a manufacturing fault and a electronic fault. Maybe I should check my warranty card!

Many electronic faults (eg. electrostatic shock or passing a million vaults through the body) might be caused by the user, however a strong argument could be raised for electronic parts that cannot sustain 15% of its warranted actuations.

Still, if you saved $200 on the grey market body as to the over taxed AU market product (after all isn't that most of the price difference is?), you still are in front financially.

[pollen]

The TPA is a really complicated act. What consistutes merchantable quality is ultimately decided by a court of arbitration. A camera that fires 15,000 actuations could be considered merchantable, but the section 52 provisions become relevant because if it is advertised as a 100,000 rated shutter life, then conking out at 15,000 would mean the advertising may be misleading conduct.

Canon have acted in good faith in the past for me. They repaired my flash for free even though they said that I had caused the damage through an impact.

Canon service has its positives and negatives


really interesting story. i'm always tempted to buy imported equipments from hong kong.......
i'm looking to buy the new 16-35 II from hong kong next month so thanks for sharing your story :)
This story is irrelevant to you because lenses (unlike cameras) have international warranty

[ricktas]

I have heard of Nikon doing the same. I think these companies know that forums like AP exist and the positive comments on forums goes a long way in the 'advertising' of their brand.

Good to hear a great outcome.

[Philr]

Why not keep it? A second body will always come in handy!

[Seesee]

Shoulda bought a Nikon

[MarkChap]

Shoulda bought a Nikon

It was actually a much less than expected/helpful/fair repair from Nikons Qld repair centre that turned me to Canon in first place

[Riverlander]

Good to see them make some concession, but I am slightly amazed at the cost of the repairs.

I damaged my 50D on 10-9-09, and it needed extensive repairs, includung a complete shutter mechanism. That mechanism cost $75 including GST. Makes me wonder where the other $300+ goes on your repair.....

I also ordered, and paid in full, for a 7D & extras at that time (mid Sept) and I am going away today, but I have not got the 7D yet :(

[rogklee]

Interesting, so did you still have to send them your reciept and everything? For instance if I bought the goods off an ebay shop would I still have that warranty?

[Prang]

Thanks Tricky that is good information.

As for mechanical and electronic shutters, all shutters are a combination of both aren't they? When you press the button it is not a mechanical connection to the shutter its electrical, but it is all part of the shutter.:confused013

[Tricky]

Thanks for the comments, guys.

As Pollen noted, there was a comment in my correspondance with Canon which said something along the lines of "unlike lenses, DSLRs do not come with international warranty". So, the argument for buying grey import lenses is pretty good, if the price equation is right (worth checking that it is - NGP is offering 7Ds for same/less than grey imports at the moment).


Shoulda bought a Nikon

Pffft. Yeah right. ;):D


Good to see them make some concession, but I am slightly amazed at the cost of the repairs.

I damaged my 50D on 10-9-09, and it needed extensive repairs, includung a complete shutter mechanism. That mechanism cost $75 including GST. Makes me wonder where the other $300+ goes on your repair.....

Canon said the repair required a shutter mechanism and then over three hours of repair... guess that makes their hourly rate around $100...


Why not keep it? A second body will always come in handy!

Actually, I do want a second body for my trip back to the UK next year, when I'm attending Glastonbury music festival. Given this could be pretty muddy and mucky, my intention is to pick up a cheap 400D and 18-55 IS to use for the trip.... the 40D would be too good and I'd be worried about it getting wet/dirty/wrecked! :)

[enduro]

Good to see them make some concession, but I am slightly amazed at the cost of the repairs.

I damaged my 50D on 10-9-09, and it needed extensive repairs, includung a complete shutter mechanism. That mechanism cost $75 including GST. Makes me wonder where the other $300+ goes on your repair.....

I also ordered, and paid in full, for a 7D & extras at that time (mid Sept) and I am going away today, but I have not got the 7D yet :(

About $90 an hour for labour sounds right. That's two hours on the bench + parts + postage and handling.

I couldn't wait for my 7D either so just went down the shop and bought one a few weeks ago for $2300.

[Fantasyphoto]

I think Canon Australia have shown exceptional customer service in this instance as they did not sell the camera nor are they the manufacturer.

Mind you I have had issues with Canon in the past and that was with items purchased in Australia so in this case it is good to see a relatively happy ending.

[Tricky]

I think Canon Australia have shown exceptional customer service in this instance as they did not sell the camera nor are they the manufacturer.


Just to be clear, my claim under the Trade Practices Act was with Canon Inc (Canon Inc being the Japanese-based ultimate holding company and 100% owner of both Canon Australia and the overseas division that manufactured the 40D).

Whilst my communication was with Canon Australia (my Japanese isn't too good :D), they were effectively acting as agents of Canon Inc. They conceded that as the manufacturer of the 40D - regardless of route of importation into Australia - they had a responsibility under the Trade Practices Act.

But I agree with your comments that Canon Aus have shown excellent customer service, which is why I took the time to write this thread. :)

[Luna-blu]

I have used this little gem of info a couple of times, all sales transactions have an implied warranty and no company or fine print may override it.

Best thing to do is take a copy of it with you when returning stock or when seeking repair, wait for them to give you a spiel about how it's not their jurisdiction and then present it, once they are aware that you know your rights most will start trying to help you and you may get more satisfactory results.

Although having said that the grey area comes about when determining the lifespan of said product vs purchase cost (thank god for rated shutter actuations eh?) not mention has it been treated well or is damage due to misadventure.

[RaoulIsidro]

Thank you for great users like the OP for these testimonies!
I have similar experience with exactly the same model!
I just handed in at Canon Service Centre Sydney my 40D camera that had a dead shutter at only 13,000 actuations! They were charging me $450 for the repair. I told them it was almost new, the only difference, it was bought in Japan during a wedding there, and lugged home. All the dockets and manuals were in strange characters so it was chucked away.
In terms of "loyalty", I might bring along my F2 and A1 and all those FD lenses to prove my undying faithfullness for over 35 years!
I have never experienced breakdowns until today.
I will post the updates on this thread!
Thanks for the heads up, Tricky!
Cheers!
Raoul Isidro

[Tricky]

Thank you for great users like the OP for these testimonies!
I have similar experience with exactly the same model!
I just handed in at Canon Service Centre Sydney my 40D camera that had a dead shutter at only 13,000 actuations! They were charging me $450 for the repair. I told them it was almost new, the only difference, it was bought in Japan during a wedding there, and lugged home. All the dockets and manuals were in strange characters so it was chucked away.
In terms of "loyalty", I might bring along my F2 and A1 and all those FD lenses to prove my undying faithfullness for over 35 years!
I have never experienced breakdowns until today.
I will post the updates on this thread!
Thanks for the heads up, Tricky!
Cheers!
Raoul Isidro

Glad to be of help, Raoul :) Keep us posted on how you go with your own 40D repairs - interested to hear how it turns out.

[AdamJL]

In the UK, I was charged a flat fee from Canon to repair my 40D; I think it was GBP 125.

Sounds expensive, but that covers ANYTHING from a replacement dial to a full kit out. I think it's more if your not a CPS member.

It turns out I also had some vague problem with my camera, which died on day 2 of a 10 day safari! But considering the ENTIRE BACK of the camera was replaced (LCD, buttons, metal casings, all electronics), I think I got my money's worth.

Methinks the camera had a major FUBAR.

[RaoulIsidro]

Glad to be of help, Raoul :) Keep us posted on how you go with your own 40D repairs - interested to hear how it turns out.

*DELETED : Members with under 50 posts OR 30 days membership are not allowed to complain about service or products on Ausphotography : See the Site Rules *

[darkmerlin]

*DELETED : Members with under 50 posts OR 30 days membership are not allowed to complain about service or products on Ausphotography : See the Site Rules *

Looking forward to hearing how your repair went with Canon Aust when your probationary time is up :)

Not long to wait now .....

[maccaroneski]

Rather than "good customer service" which was the effect, I would take a more cynical view (having had a little experience with legal departments in local technology companies owned by overseas parents).

Much better to put you in a position to publicly post this:


However, for some reason they never clearly explained to me, they considered the camera's failure to be 'electronic' rather than a manufacturing fault, and hence their general counsel considered the failure to fall outside the remit of the Trade Practices Act.

Rather than allowing you to state this:


"Canon said that they have liability under the TPA, and they decided to fix it free".

The second option potentially opens the floodgates, the first option allows them to continue denying liability to other claimants, particularly in the light of the fact that you had to pay something.

Some say "customer service", I say "CYA" :)

[Tricky]

Rather than "good customer service" which was the effect, I would take a more cynical view (having had a little experience with legal departments in local technology companies owned by overseas parents).

Much better to put you in a position to publicly post this:


Rather than allowing you to state this:


The second option potentially opens the floodgates, the first option allows them to continue denying liability to other claimants, particularly in the light of the fact that you had to pay something.

Some say "customer service", I say "CYA" :)

I suspect that if you had been physically listening to me telling the story, you would have picked up on an element of cynicism in my voice which, it would appear, doesn't permeate with the written word...

[AdamR]

I just wanted to toss in a side note. I bought a 580 flash from a grey importer in North Sydney. It had problems within the first month. I took it back, they sent it to Canon and paid the repair cost. It was neat and simple. I will certainly buy grey again.