Damaged new rifle

Rimfire bolt action rifles, lever action, pump action and self loading rifles. Air rifles.

Re: Damaged new rifle

Post by bigpete » 18 Dec 2022, 12:54 pm

SCJ429 wrote:I would stick a scope on it and go hunting. Iron sights are for Lee Enfield.


Or for people who can actually hunt
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Re: Damaged new rifle

Post by bladeracer » 18 Dec 2022, 2:05 pm

Lazarus wrote:Some reading that may be of use in your decision LSF:

""When you have a major problem with a product, you have the right to ask for a replacement or refund. For a major problem with services, you can cancel the contract and get a refund or compensation for the drop in value of the services provided compared to the price paid.14 Oct 2022""

https://www.fairtrading.nsw.gov.au/buyi ... ice%20paid.

Section 54 of Australian Consumer Law states:

""Consumers have the following guarantees in respect of goods: goods are of acceptable quality—that is, they are safe, durable and free from defects, are acceptable in appearance and finish and do what they are ordinarily expected to do (ACL section 54)""


The issue is that to sort it through the dealer he has the expense of returning it to them.
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Re: Damaged new rifle

Post by Lazarus » 18 Dec 2022, 2:48 pm

bladeracer wrote:
Lazarus wrote:Some reading that may be of use in your decision LSF:

""When you have a major problem with a product, you have the right to ask for a replacement or refund. For a major problem with services, you can cancel the contract and get a refund or compensation for the drop in value of the services provided compared to the price paid.14 Oct 2022""

https://www.fairtrading.nsw.gov.au/buyi ... ice%20paid.

Section 54 of Australian Consumer Law states:

""Consumers have the following guarantees in respect of goods: goods are of acceptable quality—that is, they are safe, durable and free from defects, are acceptable in appearance and finish and do what they are ordinarily expected to do (ACL section 54)""


The issue is that to sort it through the dealer he has the expense of returning it to them.


That's not how it works though Blade.

The vendor advertised the rifle as a new item.
For all the reasons previously mentioned, it plainly met none of the criteria.

That is, under consumer law, the vendor's responsibility to fix.

If it was new, in proper factory packaging and the vendor had fulfilled their side of the sales contract and LSfan changed his mind, they would still be liable for a refund and only then would he be liable for the cost of the return.

Even ebay make vendors pay for returns if they do something like this.

The C-word shop caused this, it's their turd to clean up at their expense.
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Re: Damaged new rifle

Post by Lsfan » 18 Dec 2022, 4:12 pm

I was inclined to send a screenshot of the Web page showing the item currently advertised but don't want to violate any laws.
Anyone can look it up under marlin and scroll down to see it on their Web page and tell me if you think there is anything to suggest it's not new. It is very cheap, even cheaper than I indicated because I don't want the backlash of everyone calling me a tight-arse! :D
The only thing I was informed of is that it only includes 1 x 7 round magazine whereas the other rifles there have a 7 and 4 and are dearer. It's an xt22m and it's black and has a detachable mag.
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Re: Damaged new rifle

Post by Oldbloke » 18 Dec 2022, 5:33 pm

Lets not start victim blaming. Not his fault.

C needs to pay for postage. Screw'em

Oh, it was Remington bought out marlin about 6-7 years ago. I have 2 XL Bolt Actions. A marlinn and Remlin. Both shot great and has nothing to do with OPs issue.
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Re: Damaged new rifle

Post by bladeracer » 18 Dec 2022, 6:16 pm

Oldbloke wrote:Lets not start victim blaming. Not his fault.

C needs to pay for postage. Screw'em

Oh, it was Remington bought out marlin about 6-7 years ago. I have 2 XL Bolt Actions. A marlinn and Remlin. Both shot great and has nothing to do with OPs issue.



Ruger bought Marlin in 2020.
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Re: Damaged new rifle

Post by Oldbloke » 18 Dec 2022, 7:04 pm

bladeracer wrote:
Oldbloke wrote:Lets not start victim blaming. Not his fault.

C needs to pay for postage. Screw'em

Oh, it was Remington bought out marlin about 6-7 years ago. I have 2 XL Bolt Actions. A marlinn and Remlin. Both shot great and has nothing to do with OPs issue.



Ruger bought Marlin in 2020.


Well, I had no idea.
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Re: Damaged new rifle

Post by SCJ429 » 19 Dec 2022, 6:45 pm

bigpete wrote:
SCJ429 wrote:I would stick a scope on it and go hunting. Iron sights are for Lee Enfield.


Or for people who can actually hunt

Lots of people have good hunting skills but cannot shoot a six inch group with iron sights at 50 metres but can shoot a one inch group at 100 metres with a 4x scope. I would never go hunting without a scope because I am not confident about making the shot effectively, your eyesight and skills may be better but the obvious point is you too would do better with a scope.
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Re: Damaged new rifle

Post by bladeracer » 19 Dec 2022, 7:03 pm

I can still shoot with iron sights well enough to hunt, but my eyesight requires very significant concentration to get a sight picture, which rules irons out for most hunting. Apertures tighten my groups significantly but obstruct too much of the background for hunting. Close range on large targets would be fine, or medium range from a position where I have time to make a good shot.

But optics, including zero-zoom and red dots are more realistic to ensure clean kills.

SCJ429 wrote:
bigpete wrote:
SCJ429 wrote:I would stick a scope on it and go hunting. Iron sights are for Lee Enfield.


Or for people who can actually hunt


Lots of people have good hunting skills but cannot shoot a six inch group with iron sights at 50 metres but can shoot a one inch group at 100 metres with a 4x scope. I would never go hunting without a scope because I am not confident about making the shot effectively, your eyesight and skills may be better but the obvious point is you too would do better with a scope.
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Re: Damaged new rifle

Post by dnedative » 19 Dec 2022, 8:20 pm

Lazarus wrote:Funny coincidence, the first letter of their name is also the first letter of the new name customers usually end up calling them.


Yeah funny that, I spent about 3 hours on the phone trying to return an 'excellent condition' rifle with headspace issues that wouldn't chamber any factory ammunition. Got my money back less freight but sometimes you have to pay to learn a lesson. Some of the s**t they accused me of was ridiculous, asking if I had accidentally swapped bolts from another rifle. f*** off.

I can understand why dealers here either refuse their transfers or charge extra to do it, I'll guarantee the dealer who did the transfer is having a chuckle.
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Re: Damaged new rifle

Post by Lazarus » 20 Dec 2022, 7:55 am

dnedative wrote:
Lazarus wrote:Funny coincidence, the first letter of their name is also the first letter of the new name customers usually end up calling them.


Yeah funny that, I spent about 3 hours on the phone trying to return an 'excellent condition' rifle with headspace issues that wouldn't chamber any factory ammunition. Got my money back less freight but sometimes you have to pay to learn a lesson. Some of the s**t they accused me of was ridiculous, asking if I had accidentally swapped bolts from another rifle. f*** off.

I can understand why dealers here either refuse their transfers or charge extra to do it, I'll guarantee the dealer who did the transfer is having a chuckle.


I used to get regular emails from them after buying a bulk lot of projectiles, some seemingly good deals offered as "limited stock" or "while stocks last" were strangely never available, but "if you want to leave a substantial deposit, we'll let you know as soon as it's here".
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Re: Damaged new rifle

Post by bigrich » 20 Dec 2022, 4:39 pm

Lazarus wrote:
dnedative wrote:
Lazarus wrote:Funny coincidence, the first letter of their name is also the first letter of the new name customers usually end up calling them.


Yeah funny that, I spent about 3 hours on the phone trying to return an 'excellent condition' rifle with headspace issues that wouldn't chamber any factory ammunition. Got my money back less freight but sometimes you have to pay to learn a lesson. Some of the s**t they accused me of was ridiculous, asking if I had accidentally swapped bolts from another rifle. f*** off.

I can understand why dealers here either refuse their transfers or charge extra to do it, I'll guarantee the dealer who did the transfer is having a chuckle.


I used to get regular emails from them after buying a bulk lot of projectiles, some seemingly good deals offered as "limited stock" or "while stocks last" were strangely never available, but "if you want to leave a substantial deposit, we'll let you know as soon as it's here".
I was born in the morning but it wasn't yesterday morning.


that's their standard procedure . getting the money of customers then informing them it has to be back ordered , hoping they'll go with the back order option . i've rung up the store to ask if a item is in stock, been told yes , plenty in stock . immediately after getting off the phone drove a hour to get there to be told their sold out . that happened to me twice. i won't spend a cent with them now :evil:
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Re: Damaged new rifle

Post by Lsfan » 20 Dec 2022, 6:39 pm

How familiar all these comments are. Before I bought the marlin, I enquired about a few other rifles only to be informed they weren't in stock. There was a timber stocked one In particular i asked about and they suggested I pay a deposit. I asked when they were due in and they said they didn't know. I recall asking something to the effect "why would I pay a deposit for something with an unknown arrival date??"
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Re: Damaged new rifle

Post by bigrich » 20 Dec 2022, 6:44 pm

Lsfan wrote:How familiar all these comments are. Before I bought the marlin, I enquired about a few other rifles only to be informed they weren't in stock. There was a timber stocked one In particular i asked about and they suggested I pay a deposit. I asked when they were due in and they said they didn't know. I recall asking something to the effect "why would I pay a deposit for something with an unknown arrival date??"


i've heard that story many times ;)
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Re: Damaged new rifle

Post by geoff » 22 Dec 2022, 3:24 pm

bladeracer wrote:
Oldbloke wrote:Lets not start victim blaming. Not his fault.

C needs to pay for postage. Screw'em

Oh, it was Remington bought out marlin about 6-7 years ago. I have 2 XL Bolt Actions. A marlinn and Remlin. Both shot great and has nothing to do with OPs issue.



Ruger bought Marlin in 2020.


And the only thing theyve made has been a run of 45/70s, so this isnt a ruger marlin AFAIK
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Re: Damaged new rifle

Post by Lsfan » 28 Dec 2022, 5:44 am

Just to update on this, the dealer had offered to send a rear site to me but I asked what would become of the damage to the barrel dovetail so they agreed to send a replacement rifle.
To avoid me driving 3 hours return to the same dealer they have also allowed me to go to my nearest dealer which is around 20 minutes away. I've already dropped the damaged rifle there and awaiting delivery of the replacement. The explanation as to how this has happened is that they acquired stock from the previous importer and seems there were some that had damage and missing contents. Apparently someone else reported the same thing and their staff didn't check before despatching.
So it's not a bad outcome considering their initial offer. The only thing is that I've had to pay another PTA fee of $30 which is due to.their error. As soon as the rifle was transferred, the PTA could not be used again.
I have asked the dealer I'd they will credit me this amount on a future purchase or offer free delivery. Still waiting to hear.
I had hoped to be using the rifle over the Christmas break but I suspect my PTA won't arrive in the mail before holidays are over.
Ultimately do I think the dealer made an honest mistake or did they try and get away with it knowing I'm interstate? I'd like to think it was a n honest mistake.
Would I use them again? I think that will depend on whether they offer a credit for my PTA fee because I may end up being out of pocket $30 and also have had to wait around 6 weeks from the date of purchase.
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Re: Damaged new rifle

Post by bigrich » 28 Dec 2022, 6:31 am

Well, if you’ve been dealing with the big”C” , I equate that shop to being like Bunnings or super cheap auto stores. There’s a whole lot of staff that are only there for their pay check and aren’t really into their job or customer service. That’s been my experience. That’s my take on the lack of due diligence to check your purchase before it was shipped
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Re: Damaged new rifle

Post by Lsfan » 28 Dec 2022, 7:23 am

bigrich wrote:Well, if you’ve been dealing with the big”C” , I equate that shop to being like Bunnings or super cheap auto stores. There’s a whole lot of staff that are only there for their pay check and aren’t really into their job or customer service. That’s been my experience. That’s my take on the lack of due diligence to check your purchase before it was shipped

May be so. Fingers crossed there are no issues with the new one.
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