After three hearings, Darrell Nash (NashysPix, Port Macquarie), ‘closes the file’ on his ultimately unsuccessful action against Canon in the NSW Consumer, Trade and Tenancy Tribunal. (For background, see last week’s story):
G’Day guys – I tried my best, which wasn’t good enough when up against all of Canon’s dollars and experience.
I am now $10,000 out of pocket with a lemon of a camera which I can’t use or sell, and have had to pay $2222 for its repairs – being a SMALL business I could not afford to pay for a solicitor – a fact that perhaps Canon Australia was always banking on.
At least I can hold my head up and know I did not let Canon Australia buy my silence. It turns out the CTTT has NO power to act on falsified Statutory Declarations. Thus they had to take what Canon Australia wrote in same as gospel.
Basically Canon Australia wrote there are no, and never have been any, issues or problems with the 1DX. Even though they issued a Service Advisory in the past weeks describing problems with models whose serial numbers included mine! They also wrote that the 1DX does not show the date on which any errors occur – a fact that any 1DX owner that has had an error code show on their camera knows is untrue. Nonetheless because Canon’s ‘Technical Expert still put it in his Stat Dec the CTTT had to accept this as true.
From my side I included hundreds of forum comments which highlighted customers problems with the 1DX as well as all the times Canon has released firmwear updates to fix existing problems, but the CTTT did not accept these and Canon held fast to their comments that there are no problems with the 1DX.
It also didn’t matter that I currently have 5 error messages on my 1DX and haven’t been able to do professional shoots with it since January. Some might think from this that you (and I) have all been lying about the problems we say we have been having with our 1DX’s.
Canons ‘Technical Expert’ on who’s evidence they relied upon and whom you trust to handle your $7500 cameras, admitted he has no training on the 1DX other than a one-day course delivered by a Canon Team Leader and that the training organization that Canon has listed on the bottom of his qualification certificates, which were presented as evidence, was deregistered in 2002.
The biggest point against me was that I could NOT prove their was a problem with the 1DX. Canon admitted deleting the associated error codes that may have been useful in identifying the faults, and said they could not recall what those error codes were. They also said deleting error codes is Canon company policy. I was amazed when Canon’s paralegal told the CTTT that they carry out over 58,000 repairs every year on all models, but stuck to their guns that nothing was wrong with the 1DX.
Canon’s paralegal included evidence to the CTTT which were photos of three 1DX cameras – the first listed ‘Brand New Camera’ the second listed as ‘Workshop Camera’ and the third listed as ‘Customer’s Camera’. Let’s just say that when I pointed out that the one listed as ‘Customer’s Camera’ had a serial number that didn’t match mine, and they had provided an image of someone else’s camera, they soon moved very quickly past that point.
I asked Canon Australia’s paralegal why Canon Australia had continually refused to refund the $2222 I had to pay them to get my damaged camera returned. I then asked why two days after I notified Canon Australia and the CTTT that Canon USA had provided me with evidence indicating that the technician’s Statutory Declaration was in fact FALSE, Canon suddenly offered to pay me the money as long as I did not disclose any information to anyone, including the CTTT (a signed ‘shut up’ clause). The paralegal said he could not comment, and that is where that ended.
I would like to thank Canon’s Paralegal and the Technician for their time in flying to Port Macquarie and the Tribunal Member for hearing this matter.
I need to have a break from all this as it has been very draining but will consider asking one of the legal firms that do the ‘No win – No Fee’ type of thing if they could look at all of this. Thanks to all of you that have supported me and I hope that in some small way Canon Australia steps up as a result of this action. I will update everyone on any action taken by police and if any charges are laid.
Time for a Bex…
– Darrell Nash