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.