Timing is everything!  I just had a visit into the shop by a very nice fellow from Fair Trading who is calling in to check businesses in the area have an understanding of the new consumer laws.  Once he got over the surprise of me knowing about them (a big credit to you guys because apparently we're the first store of over 30 he's called into who is aware of the new laws), we had a terrific session going over the detail of the laws which I thought I'd share in case its at all helpful.

I have to say I am significantly reassured for the most part that we can continue selling hardware and not risk our livelihood in the process.  Two key words I had not picked up in the online brochures or in the video are MINOR and MAJOR in relation to problems. For MINOR problems the SUPPLIER gets to decide the remedy ie repair/replace/refund.  Only in MAJOR problems does the CONSUMER get to make the choice in remedy.  In relation to digital cameras, the OFT rep said a MAJOR problem is a camera not working out of the new box.  Pretty much anything else can be argued as MINOR.  In a worst case scenario I now understand if a camera failed out of warranty, parts were not available and the consumer requested a refund, a tribunal would pro-rata the original value over the use already obtained and only that portion be required to compensate the consumer, not the original amount paid.

The REASONABLE time during which a camera should continue to operate is something not determined.  The OFT rep agreed that a $199 camera of less could be argued that at the end of a 1 year period that is the end of the time - however if a consumer disagreed they can have the matter taken to OFT for a determination to be made.  Cameras above that value again would come down to a 'discussion' between the supplier & the consumer.

On CONSEQUENTIAL LOSS however, it is as bad as it sounds.  My original understanding of the retailer being responsible for loss of income due to any fault with equipment is apparently the case, ie wedding photographer losses income while camera is inoperable can claim $ from the supplier.

There was one other small matter which I also had cleared up in this discussion.  That is the matter of freight charges for equipment returned under warranty.  We have always covered the freight costs but I'm aware of other retailers who do not.  It is a requirement that the retailer provides at the same venue where the purchase was made, or where the product was delivered to if freight originally was charged, that the repaired/replaced item be available at that some point without charge to the consumer.  The OFT is actually tightening these regulations too.

Thanks again for all your help

Regards

Tania

Tania Williams & David Brandon

The Yamba Photo Store

Thanks for passing on the information Tania, I am glad our efforts to let people know of these changes has assisted in some way.

Peter 

Here is Greg Fremstad and FrameTek in a nut shell.

Personally, I got laid off from United Airlines in 1969 where I worked as and engineering technician.  Great job!

I bought a small frame shop and started framing in 1970 and was an early member of the PPFA original chapter in San Francisco California.  I invented one of the first vacuum/heat dry mount presses and sold the design rights to Seal ( the big dry mount press company here).  That cash and a big loan on my house let me start manufacturing FrameSpace in 1981 and later EconoSpace frame spacers in 1985. 

In 1985 I moved  to Eugene Oregon,  The small warehouse I rented in there flooded a total of 5 times over the 10-11 years I was there.  The first 4 were only a foot deep - flooded the tower computers that were on the floor.  We learned to put those on our desks after that.  The last flood was over 4 feet deep and got the computers on the desks anyways.  It also drowned our fork lift and everything else lower than 4 feet.  All of the paper in our files just turned into solid bricks.

The worst part other than interruption of business and loss of money was the mold that grew in the walls, etc.  My assistant and I both suffered terrible bronchial problems until we moved in 1997.  Our landlord probably should have removed the gypsum and disinfected everything.  I have 20-20 hind site.

FrameTek has earned over 120 distributors world wide from Australia to Finland and sell several million feet per year.  We earned that because we have the best products available and ship most orders same day.  We very rarely backorder.  You can always find products that cost less - but I guess you get what you pay for.

I can barely imagine the terrible loss and devastation you are suffering.  I'm glad that I'm in a position to help out a little the only way I can from such a distance.

Greg Fremstad

President

FrameTek, Inc.

www.frametek.com