oops..5th March
AUSTRALIAN COMPETITION & CONSUMER COMMISSIONApplicantTELWATER PTY LTD ACN 010 795 507First RespondentPAUL MATTHEW PHELANSecond Respondent
ORDER
JUDGE:
Justice Spender
DATE OF ORDER:
6 February 2009
WHERE MADE:
Brisbane
THE COURT ORDERS BY CONSENT THAT:
1. The application be listed for hearing the question of penalty on 5 March 2009 at 10.15 am.
2. At least three days prior to the hearing, the applicant and respondents file joint submissions.
3. Costs be reserved.
Well thats definitely against the company, and then secondarily against the individual. Tempting to say lots of silly things but better not to eh..? Unfortunately the action by ACCC has nothing to do with claims of crap product and support, but to do with price fixing. See extract from ACCC below.
ACCC Institutes Proceedings Against Telwater Pty Ltd
The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court in Brisbane against Telwater Pty Ltd, and one of its directors, Mr Paul Phelan, for allegedly engaging in resale price maintenance.
Telwater is the largest manufacturer of aluminium boats in Australia, and distributes its Quintrex and Stacer brands, and related boating equipment, through independent dealerships across Australia.
The ACCC alleges that Telwater engaged in resale price maintenance by making it known to dealers they could not advertise Quintrex or Stacer products below a specified price, referred to as the 'brochure price'. It is alleged that Mr Phelan was knowingly concerned in the conduct.
The ACCC is seeking declarations, injunctions and penalties with respect to the alleged contraventions of section 48 of the Trade Practices Act 1974 which prohibits resale price maintenance.
This matter has been listed for a directions hearing in the Federal Court, Brisbane at 9.30 a.m. on Friday, 6 February 2009 before Justice Spender.
Here we go AGAIN and people still dont get it WE dont have any rights poor old whinging me has been fighting this B---sh-- for 3+ years and still NO-ONE will take ownership of this lack of quality/safety/liability in this million dollar industry consumer affairs -fair trading -small claims tried them all .Its about time a government had some B--ls and make the small boat industry answer to ALL of our problems PS for those who dont know not stacer,quinny,bluefin ,but 5.3 STESSCO
The ACCC will do nothing same as fuel prices never found anything to do will price fixing what a load of horse s*#t. Telewater still have not come on and defended themselves they don't think that members of this forum hold any power. Well John Howard didn't think the little old worker like you and did either and look what people power with the help of the union movement did to him. Never forget about the battler after all we buy boats.
My Stacer is a 1985 model 4.1 Seahawk , tough as nails and still going strong, no leaks etc, sorry to hear they have dropped the ball where quality is concerned, I have never had a problem with mine.
That would be the case as they were a family run company back then not a corprate joint. They were taken over by telewater appox 6-7 years ago and then they did all the fancey marketing and forgot about the boat and how to build them the same way they had been for years. To busy around board rooms were as the good boat builders are out on the water testing there gear and talking to owners at boat ramps etc. It is a shame that things are going this way with such a famous brand as stacer.
Re: getting hard now
Fellas ,how could this happenwhen The National Marine Safety Committee states that to Implement an Aust Builders Plate you must be one of three things(quote) 1 the builder ,2 the importer ,3 A Competent Person ??" A compentent is one who is defined as being a person who has acquired through training,qualification,EXPERIENCE,OR a combination of these ,the knowledge and skills enabling THAT person to competently determine and approve the information on that plate "
(unquote) RE ::MAKE YOUR BOAT !!!!!!still doesnt mean that you back up /stand by the workmanship of these THINGS once the puttogeathers have our hard earned $$$$
.. can some find us A member of any sort of government to have the balls to face these "manufactors"
Thats fine but so is/was most of the of " boats" back then .I would bet that a 70's & 80'S boats are still going in 2020 but I Will put a bigger bet that late 1990''s til 2008's are well and truely bloody gone due to " /hit this/ not made for that /not our fault/ your fault /slamming in heavy seas "etc etc by then !!!!! and i dont except a reply by most "" modern "" manufactors RE the "MULU SARA" a vessel built by a :shoddy manufactor where 5 people lost there lives on a shoddy built & a newly Commissioned boat :BUILT FOR OUR Immigration dept in 2005 & still seeking justice . courier mail 14/02/09 W H A T CHANCE DO WE HAVE![]()
A B S O LU T E LY NO T H I N G
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Geez guys, you've scared the crap out of me and hubby. Just prior to joining ausfish we ordered a Stacer 519 Searunner Half cab. We are about 2 weeks away from writing the big cheque and then we read all this!!![]()
I contacted my dealer, who I must say is from Capalaba and is an awesome guy. I told him all the problems I have read about the Stacer and he understands my concerns. He said he will personally spend as long as it takes with my hubby to go over the boat before we write the cheque and drive away and make sure everything is spot on.
Let's hope it all goes well, ours is the new model and being built with our extra's etc. at Stacer. I will keep you posted. Maybe I am being naive, but I really think my dealer is a nice guy and I think he will look after us
But I must thankyou for writing this thread, as it does open the eyes of the consumer against a well known brand and expectations are high. We are so excited about the new boat, I think we would have wrote the cheque, hitched her up and never thought twice about checking anything!! That has all changed now and we wil be looking hard and asking lots of questions!! Lets hope I can report back with a thumbs up...for our sake.![]()
It is a lot of money for average Joe's like us and I feel for anyone who has had drama's with any boat from brand new...I can sypathise and it would frustrate the hell out of me, if I was getting fobbed off by my dealer or Stacer.
Sorry to be wet blanket ,but a mate sold me our STESSCO and no longer deals with them (thank christ) but all it took was 7 hours ,, cracks ,dents,paint etc to tell me we where in trouble .not the builders fault ??? & NO legisation protection etc,etc now 3+ yrs and still very little reconpence ..just please BEWARE
Companys that do this sort of thing astound me! It's not as if they are the last one standing, management that says more about personal quality than the product every time.
Every 3rd trip I make in my boat someone ask's what it is (took the stickers off), 4/5 times just say sorry I cannot tell you. The builder was shown to me to be a cretin or in person something just a little more colourful.
Through avoided sales outside of the above senario, I have cost him profits 5x more than any quote to fix my boat to the standard it should have left his company's shed door. that number will only grow.
cheers fnq
Hi Krashtackle, don't panic, you need to balance what you read/hear against the 1000's of boats built each year by Telwater with as many happy customers. I have a 2005 model Stacer and have had no trouble with the hull, paint or fittings. I did have a leaking lower engine mount bolt hole but that was no fault of the boat build and was easily rectified.
It has handled rough water relative to the size of the boat and has suffered no ill effects nor can I see how it will if it isn't abused. When I was looking around at used 15 foot runabouts I found the build quality and engineering of the Stacer as good as, or better than most of the competition in the same class. Plate boats of course are a different kettle of fish altogether.
I am not saying that there haven't been problem boats or design flaws (read previous walk through hatch) out of Telwater, just make sure you do a pre-delivery check and test run including making sure all skin fittings/penetrations don't leak. Let it sit in the water for a while before getting underway and check the bilge for water. Check again when its on the trailer and undo the bungs. I would do this with any boat purchase.
If you are using a well regarded dealership and do a thorough pre delivery/acceptance, I am sure you will be happy with your new baby. Make sure you address any issues as they arise and have them fixed within the warranty periods.
Cheers