Forgot Password
Pentax Camera Forums Home
 

Reply
Show Printable Version Search this Thread
06-06-2021, 03:17 PM   #16
Senior Member
dlhawes's Avatar

Join Date: Nov 2020
Location: The Transdimensional Realm
Posts: 167
QuoteOriginally posted by jawats Quote
...
I made a video illustrating my issues, and I have sent it along to Precision for their opinion. I am now outside their re-work period. ...
By the way, as a general matter in the U.S. (assuming the Uniform Commercial Code applies in your state), the standard statute of limitations is four years on a breach of warranty claim; and one thing no one seems to understand that the idea that a warranty period is a length of time in which you can get something that doesn't work fixed for free is wrong. There is a federal statute that assumes that language incorrectly (the Magnussen-Moss Warranty Enforcement Act), because what it's talking about is that free remedy period, not a warranty. A warranty is a promise made at or about the time of sale in which the product is represented to have certain characteristics, meet certain standards, perform certain functions, etc. It's that promise that is the warranty. If they promise you will have a perfectly working camera for ninety days after they claim to have fixed it, and it wasn't working during that ninety days, that's a breach of warranty, and you've got four years in which to make the claim legally. In some states, a consumer protection act will give additional remedies, in Virginia, for example, it's a minimum of $500 statutory damages plus attorneys' fees and interest, and treble that for "intentional violations". Just an observation, not advice (I am no longer a practicing attorney - retired).

06-07-2021, 06:08 AM   #17
Site Supporter
Site Supporter




Join Date: Nov 2017
Photos: Gallery | Albums
Posts: 550
Original Poster
QuoteOriginally posted by dlhawes Quote
By the way, as a general matter in the U.S. (assuming the Uniform Commercial Code applies in your state), the standard statute of limitations is four years on a breach of warranty claim; and one thing no one seems to understand that the idea that a warranty period is a length of time in which you can get something that doesn't work fixed for free is wrong. There is a federal statute that assumes that language incorrectly (the Magnussen-Moss Warranty Enforcement Act), because what it's talking about is that free remedy period, not a warranty. A warranty is a promise made at or about the time of sale in which the product is represented to have certain characteristics, meet certain standards, perform certain functions, etc. It's that promise that is the warranty. If they promise you will have a perfectly working camera for ninety days after they claim to have fixed it, and it wasn't working during that ninety days, that's a breach of warranty, and you've got four years in which to make the claim legally. In some states, a consumer protection act will give additional remedies, in Virginia, for example, it's a minimum of $500 statutory damages plus attorneys' fees and interest, and treble that for "intentional violations". Just an observation, not advice (I am no longer a practicing attorney - retired).
As far as I understand the MMWA, it does not apply to service / repair contracts. See here, for example: Businessperson's Guide to Federal Warranty Law | Federal Trade Commission

Given that I hired Precision for a shutter replace and repair, and an overall review of the camera, and the shutter itself is working fine, it's the overall review I am questioning, and asking for their assistance with. I don't think (without going into serious weeds on Lexis) that the MMWA applies. I'm no longer practicing, but I still teach as an adjunct law prof (ergo, access to Lexis :P).
06-09-2021, 01:59 PM   #18
Senior Member
dlhawes's Avatar

Join Date: Nov 2020
Location: The Transdimensional Realm
Posts: 167
QuoteOriginally posted by jawats Quote
As far as I understand the MMWA, it does not apply to service / repair contracts. See here, for example: Businessperson's Guide to Federal Warranty Law | Federal Trade Commission

Given that I hired Precision for a shutter replace and repair, and an overall review of the camera, and the shutter itself is working fine, it's the overall review I am questioning, and asking for their assistance with. I don't think (without going into serious weeds on Lexis) that the MMWA applies. I'm no longer practicing, but I still teach as an adjunct law prof (ergo, access to Lexis :P).
Good point - I was thinking of the title on sales of goods. Nevertheless, a breach of warranty claim could be had on whatever the normal contractual S.o.L. ("statute of limitations" also known as "S*** Outta Luck") would be in the relevant jurisdiction. Where I live, it's three years on an unwritten agreement and five years on a written agreement, and any writing (such as an email or fax) will suffice if it tends to show that the parties actually did have an agreement.
06-09-2021, 02:11 PM   #19
New Member




Join Date: Jun 2021
Posts: 2
I find it somewhat strange that you are thinking of jumping from one camera brand to another because of this particular issue. Over the years I have photographed with several brands: Pentax, Nikon, Leica, Minolta, Hasselblad, Mamiya and Yashica; and I have encountered some type of issue with all of them. I understand that you are justifiably upset by a body or lens problem but if you swap systems with every similar occurrence you may never settle on one long enough to really master it, let alone enjoy the photography experience. Just a thought.

06-12-2021, 02:28 PM   #20
Site Supporter
Site Supporter




Join Date: Nov 2017
Photos: Gallery | Albums
Posts: 550
Original Poster
QuoteOriginally posted by LittleGidding Quote
I find it somewhat strange that you are thinking of jumping from one camera brand to another because of this particular issue. Over the years I have photographed with several brands: Pentax, Nikon, Leica, Minolta, Hasselblad, Mamiya and Yashica; and I have encountered some type of issue with all of them. I understand that you are justifiably upset by a body or lens problem but if you swap systems with every similar occurrence you may never settle on one long enough to really master it, let alone enjoy the photography experience. Just a thought.
The problem here is that, if I cannot depend on newer Pentax lenses (my K-1 has no issue focusing older Sigma or Tamron lenses, whereas it will not do so reliably with the 28-105) to work on my K-1, why should I invest further in newer and better Pentax lenses? This is why I need to resolve this issue in some way.
06-13-2021, 03:11 AM - 2 Likes   #21
Site Supporter
Site Supporter




Join Date: Mar 2009
Location: Gladys, Virginia
Photos: Gallery
Posts: 23,662
QuoteOriginally posted by jawats Quote
The problem here is that, if I cannot depend on newer Pentax lenses (my K-1 has no issue focusing older Sigma or Tamron lenses, whereas it will not do so reliably with the 28-105) to work on my K-1, why should I invest further in newer and better Pentax lenses? This is why I need to resolve this issue in some way.
I would caution that I wouldn't paint with too broad a brush here. It is easy to feel discouraged (and probably rightly so), but saying that your camera would struggle to focus with any newer lens is probably a stretch.

Obviously there are many examples of Pentaxians purchasing DFA lenses and getting them to focus accurately with K-1 and K-1 II cameras. Personally I have purchased the DFA 24-70/DFA 15-30/DFA *70-200 and DFA* 85 and they all seem to focus fine with my K-1 and K-1 II camera. I have not used the 28-105 so I wouldn't comment on that one.

Precision isn't great with regard to communication, but they have generally fixed things when I needed their service. Did you send your camera and lens in to them, or just your lens? Because it seems to me you should have sent both if you wanted this taken care of, not just the lens.
06-13-2021, 11:52 AM - 1 Like   #22
Moderator
Loyal Site Supporter




Join Date: Feb 2015
Location: Central Florida
Photos: Gallery
Posts: 3,081
QuoteOriginally posted by Rondec Quote
I would caution that I wouldn't paint with too broad a brush here. It is easy to feel discouraged (and probably rightly so), but saying that your camera would struggle to focus with any newer lens is probably a stretch.

Obviously there are many examples of Pentaxians purchasing DFA lenses and getting them to focus accurately with K-1 and K-1 II cameras.
Understanding I'm just one datapoint...

There are three fairly recent DFA lenses I've purchased: The DFA50, 85, and 70-200. All three have been spot-on focus, no fine adjustments needed. In fact the 85 performed wonderfully at a charity shoot yesterday, delivering some exemplary images including a few OMG's. Those three have also been among the very few that have needed no fine adjustment on my K3III either, a camera I've had to focus adjust for the majority of my lenses.

06-13-2021, 02:36 PM - 1 Like   #23
Otis Memorial Pentaxian
Loyal Site Supporter
stevebrot's Avatar

Join Date: Mar 2007
Location: Vancouver (USA)
Photos: Gallery | Albums
Posts: 40,756
QuoteOriginally posted by jawats Quote
The problem here is that, if I cannot depend on newer Pentax lenses (my K-1 has no issue focusing older Sigma or Tamron lenses, whereas it will not do so reliably with the 28-105) to work on my K-1, why should I invest further in newer and better Pentax lenses? This is why I need to resolve this issue in some way.
If this is your conclusion and you have no faith in the factory authorized service for repair of either camera or lens, it would appear you have no issues to resolve. Move on and be happy or at least move on knowing that the frustration with Pentax is in your past.


Steve
06-13-2021, 03:23 PM   #24
Site Supporter
Site Supporter




Join Date: Nov 2017
Photos: Gallery | Albums
Posts: 550
Original Poster
QuoteOriginally posted by Rondec Quote
I would caution that I wouldn't paint with too broad a brush here. It is easy to feel discouraged (and probably rightly so), but saying that your camera would struggle to focus with any newer lens is probably a stretch.

Obviously there are many examples of Pentaxians purchasing DFA lenses and getting them to focus accurately with K-1 and K-1 II cameras. Personally I have purchased the DFA 24-70/DFA 15-30/DFA *70-200 and DFA* 85 and they all seem to focus fine with my K-1 and K-1 II camera. I have not used the 28-105 so I wouldn't comment on that one.

Precision isn't great with regard to communication, but they have generally fixed things when I needed their service. Did you send your camera and lens in to them, or just your lens? Because it seems to me you should have sent both if you wanted this taken care of, not just the lens.
The camera went to them for shutter replacement and overall "health" check. The lens went to them, and because it's under warranty, went on to the factory. The factory could not find any issues with the lens. Precision is currently looking at the video of the 28-105 working fine in live view focus, but not focusing at all through the viewfinder, to see if they have any recs.

---------- Post added 06-13-21 at 03:24 PM ----------

QuoteOriginally posted by stevebrot Quote
If this is your conclusion and you have no faith in the factory authorized service for repair of either camera or lens, it would appear you have no issues to resolve. Move on and be happy or at least move on knowing that the frustration with Pentax is in your past.


Steve
I am waiting to see what happens when Precision looks at the video of the lens and how it's failing to focus. It's still under warranty from Pentax, so I may just keep sending it back until they accept it as a return, or something like.
Reply

Bookmarks
  • Submit Thread to Facebook Facebook
  • Submit Thread to Twitter Twitter
  • Submit Thread to Digg Digg
Tags - Make this thread easier to find by adding keywords to it!
body, camera, canon, corporation, customer, equipment, fa, focus, front, frustrations, grip, hd, issue, issues, k-1, lens, letter, pentax, photography, precision, president, product, seller, shutter, stuff, tamron, viewfinder, warranty
Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Frustrations with Latest Version of Lightroom PhilRich Digital Processing, Software, and Printing 4 03-01-2020 09:51 AM
I just need to vent... Or start throwing my Pentax gear against a wall. Repeatedly... shahnm Pentax DSLR Discussion 42 08-10-2019 03:04 AM
Marketplace vent jerryleejr General Talk 47 03-24-2014 09:13 AM
Hood thingy ... er ... vent? Brisboy Troubleshooting and Beginner Help 15 04-06-2013 04:37 PM
Need to vent neurocyclist Pentax SLR Lens Discussion 40 05-30-2011 09:33 AM



All times are GMT -7. The time now is 08:51 PM. | See also: NikonForums.com, CanonForums.com part of our network of photo forums!
  • Red (Default)
  • Green
  • Gray
  • Dark
  • Dark Yellow
  • Dark Blue
  • Old Red
  • Old Green
  • Old Gray
  • Dial-Up Style
Hello! It's great to see you back on the forum! Have you considered joining the community?
register
Creating a FREE ACCOUNT takes under a minute, removes ads, and lets you post! [Dismiss]
Top