WA Beacon Lighting Omitting Information About Performance?

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Nephi Stone

Member
13 July 2017
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Hi All,

Recently brought a Altitude Eco 122cm Fan with LED light from Beacon Lighting. The light has a 1-3 second delay from the time its switched on till the light illuminates. Do the manufactures have a responsibility to inform the consumer?

This information is omitted from any advertising on the package, online and the product spec sheet.

Would this fall under "False/misleading Advertising"?

Please enlighten me. Your wisdom is much appreciated.

Regards
 

Rob Legat - SBPL

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16 February 2017
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Other than that it works properly?
 

Rob Legat - SBPL

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Gold Coast, Queensland
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From what I understand, some delay with led lights is inherent, particularly if they're connected to a dimmer switch.

You might want to check with the electrician who installed it.

However, because it's a widely known issue with leds, and it's otherwise working, I doubt you any basis for a claim against the manufacturer. It's also unlikely you will have a claim against the retailer as a small delay may not amount to sufficient loss on which to base a claim.
 

Nephi Stone

Member
13 July 2017
3
0
1
Thanks for your help Rob.

I operate an electrical contracting company and installed the unit myself. The light is not connected to a dimmer switch.

The delayed start was prevalent with the older versions of led products.
In many cases company's would label packaging to say instant start.

Regards
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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In that case, as long as you're (a) sure there's no issue in the wiring that's causing the delay; and (b) the delay is outside the acceptable industry standard or (c) there's some sort of warranty on the packaging that it's instant start, you should be able to return it as a defective unit for a replacement one. If the issue shows up again and it's clear that the standard product does not behave as warranted, you may technically have a case for misleading and deceptive conduct.

I'd suggest talking to the ACCC about, but be aware that they may decide not to do anything about it. Regulators have a tendency to disregard what they consider to be a 'minor' breach. Taking private action is liable to cost you much more in the long run than what you get out of it.