Mercedes admits functions have been ‘sun downed’

So the response is in from Mercedes, and they are happy to tell me the software was ‘sun downed’, and there could be liability under ACL s272; but any reduced value would be ‘… negligible if any thing at all’.

So let’s just understand this; Mercedes sell a function of the vehicle which the consumer pays additionally to the base price, and within a short period of time it’s worth nothing?

In addition they tell me the software that drives this function is licenced to me, so I have requested a copy. As yet they have not sent me a copy of the licence agreement, or even responded. This has also been requested from G Brothers, but their response was unhelpful.

Unfortunately, we do not have a copy of the requested licences agreement, I recommend continuing to liaise with Mercedes-Benz Australia in obtaining such material. – Daniel Browne, G Brothers

Interestingly Mercedes also do not consider the sun downing to be a breach of ACL, however, they omit to explain why this would be the case. One would expect the easiest way to quash a customer complaint would be to clearly articulate why the matter is not a breach of ACL?

Here’s the response from Mercedes Benz Australia.



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