No real winners in 1DX dispute

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.

Darrell Nash says Canon maintyained there were no issues with the flagship EOS 1DX even though it issued a Service Advisory Warning of the  'phenomena' of AF not locking and blurry images 'due to wear caused by insufficient lubrication'.

Phenomenal: Darrell Nash says Canon maintained there were no issues with the flagship EOS 1DX even though it issued a Service Advisory Warning of the ‘phenomena’ of AF not locking and blurry images  ‘due to wear caused by insufficient lubrication’.

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

 


16 thoughts on “No real winners in 1DX dispute

  1. We again learn that Canon Australia have learned from Canon Japan (look at the slap on the wrist for the Olympus Exec’s) that lying, instead of losing face is the honourable thing to do. Canon Exec’s must go to Japan to learn this great skill and go forward with this great Japanese tradition. ACCC should get involved and fine Canon millions of dollars, for being the great big liars that they are.

  2. Congratulations on your earnest attempt however frustrating and poor the outcome, you have my sympathy for your financial loss and I’m certain I speak on behalf of all owners of the 1dx ‘problematic’ dslr, that Canon have lost much of our respect and confidence in their service and support, and their 1dx “flagship” camera.
    Your efforts have not gone un-noticed. Best wishes to you 🙂

  3. Darrell and all you other victims of Canon’s duplicity. It is such a well known fact amongst pros that the 1DX is a lemon. Mate of mine who supplies pro photographers sold one to one of WA’s most respected pros; it tanked and tanked again, went to Japan and even they said they could not fix it. Solution was to ‘downgrade’ to EOS bodies so all the lenses could be used. Mate the thing big corporates fear most is not litigation by the likes of CTTT; it is public humiliation – very public. They all have armies of lawyers and will relish the legal stoush but they have no defense against a well-scripted, accurate expose on TV, in the press and on the internet, other than counter-PR which can always be seen for what it is. Paint (or photoshop) the 1DX yellow, put a coke bottle where the lens should go and send the photo to all mainstream media “Canon refuses to admit this $8,000 lemon camera is a lemon.” With your story and all those blog links of course.

  4. Thanks for the support guys. I may have lost the CTTT hearing but following a conversation I have just had with one of the detectives looking at the claims of Canon Australia Staff falsifying Statutory Declarations, I am quietly confident that they will be charged and the public fallout from same may be HUGE… Canon’s Technician Claiming on a Stat Dec that he was an “EXPERT” and then also on the same Stat Dec stating that the 1DX ‘doesn’t show dates’ on which errors occur and that there is no have have been no issues with the 1DX is very damming. They simply can’t cry DUMB after stating he was an expert… They may have been able to get away with their tactics at the CTTT but I doubt a judge will let them get away with it??? I’ve been wrong before so let’s wait and see. I will keep you all posted. Nashy…

  5. After claiming there was nothing wrong with my (or ANY) 1DX at the CTTT, Canon received my Camera as part of their recall and found it was so badly damaged by the lubrication issues that they replaced it with a brand spanking new camera… BUT BUT BUT Before everyone starts singing Canon’s praises the following link to the Canon 1DX Face Book Page will show you that this Brand Spanking New 1DX was a boxed up Oil Rig and proves that the lubrication issues, that Canon says only applies to a few within the listed serial numbers, is a problem with more Cameras than what Canon want people to know about. From lesson’s learned at the CTTT I video tapped everything (2 cameras) from getting the new camera from the courier to conducting the test shoots and everything in between. The Brand Spanking New Camera has been sent back to Canon only days after receiving it and I am ONCE AGAIN left without my main camera and suffering continuing financial loss because of same… This is an absolute disgrace… A total refund is no good to me as if I was to simply move across to Nikon for example I would be left with 10 Canon Lenses collecting dust. I am a professional photographer and can’t earn a living when I literally have my “top of the line” camera sitting on a technicians desk in Sydney waiting until he gets around to looking at it. If you read some of the other posts within the Canon 1DX Face Book group you will see this is not an isolated issue. http://www.facebook.com/groups/canon1dx/

  6. I had a lying illegitimate child from Canon feed me a lot of bull about having “no problems” with their equipment before also. After reading the above story I will not reward Canon with any of my money. Especially for a camera body that is very over priced.

  7. Wow sorry to hear all this bad news. I own a 1d x and have not expire ce any issues and did send my camera in for the fix. I had lived through the 1d III fiasco and hope this is not another case of the same.

  8. Hi, I own a Canon 1Dx and it’s in the serial number range for the recall issues. It’s also shown signs of bad focus issues on a well lit non movie subject.

    Now, a few days ago I went to use it for a wedding and it did not power on. No good Canon. It’s totaly useless now. So I have sent it back to Canon Aust for a repair. I do hope it works after this or I just sell my gear and go Nikon again.

    Nice story Darrell, sad 🙁

  9. Sorry to hear that Canon screwed you over like that mate. The 1DX has turned out to be trouble for many users. If your case had started later it could have been better for you. There is much going on the the states.

    I hear in the U.S. there is a lot of noise from 1DX owners since you started your case. This hurts Canon as a pro brand in the long run . New firms and those switching out old bodies will just move to other firms willing to stand behind their products.

    No doubt there are a lot of defective Canon 1DX cameras out there. Just look it up on BING or GOOGLE.

    I can’t wait ultil some big media type in the U.S. gets stuck with one of these and blows the lid off this. Looks like you did the heavy lifting for for waht is about to happen in America.

  10. This whole thing seems to be something the ACCC would be interested in as it pertains to warranty, and fitness for the purpose. And if that fails, maybe Slater & Gordon might take it on.

  11. I have just come across this story after researching Canon’s 5DIII. I think this is a terrible thing that has happened. I wish you all the best and hope something good comes your way.
    Is Nikon any better?

  12. I have had major problems with the Canon 1 Dx also. It has serious focus issues. I have 2 of them and have had problems with both. When sent to Canon Repair in Toronto they say there is nothing wrong… My latest problem is it stops focusing all together. Then when it does focus it only works on things close up. Images are way to soft. Canon needs to face facts that some of the cameras sold are 100% duds.

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