DCS sues small YouTuber for accurate review: Difference between revisions
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*'''Battery Degradation:''' Despite an initial satisfactory performance, the batteries exhibited a rate of capacity loss that many felt exceeded what DCS’s warranty would promise. Independent tests showed that, in some cases, the batteries were underperforming in critical applications such as off-road and camping scenarios. | *'''Battery Degradation:''' Despite an initial satisfactory performance, the batteries exhibited a rate of capacity loss that many felt exceeded what DCS’s warranty would promise. Independent tests showed that, in some cases, the batteries were underperforming in critical applications such as off-road and camping scenarios. | ||
*[[File:DCS warranty policy archive march 2023.png|alt=Screenshot of DCS warranty policy website from March 2023, which says battery will be replaced within warranty period if it falls below 80% capacity in warranty period.|thumb|Screenshot of DCS warranty policy website from March 2023, which says battery will be replaced within warranty period if it falls below 80% capacity in warranty period. <ref>{{Cite web |title= |url=https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/}}</ref>]][[File:DCS warranty policy archive november 2023.png|alt=Screenshot of DCS warranty policy website from November 2023, which says battery will be replaced within warranty period if it falls below 70% capacity in warranty period if it is used a certain way. This text was NOT included in prior warranty policies. However, the page still says "Policy last updated 14th JUNE 2021." , which misleads customers into believing their warranty at the point of sale claimed 70% was considered defective even if it was 80% at the time of the customer's purchase.|thumb|Screenshot of DCS warranty policy website from November 2023, which says battery will be replaced within warranty period if it falls below 70% capacity in warranty period if it is used a certain way. This text was NOT included in prior warranty policies. However, the page still says "Policy last updated 14th JUNE 2021." , which misleads customers into believing their warranty at the point of sale claimed 70% was considered defective even if it was 80% at the time of the customer's purchase.<ref>{{Cite web |title= |url=https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/}}</ref>]]'''Misleading Warranty Terms:''' Fischer pointed out discrepancies between the warranty claims posted on DCS’s website and the apparent changes in policy. While the company falsely stated that their policy had not changed since 14 June 2021, archived versions of their website from March 2023 and November 2023 reveal otherwise. | *[[File:DCS warranty policy archive march 2023.png|alt=Screenshot of DCS warranty policy website from March 2023, which says battery will be replaced within warranty period if it falls below 80% capacity in warranty period.|thumb|Screenshot of DCS warranty policy website from March 2023, which says battery will be replaced within warranty period if it falls below 80% capacity in warranty period. <ref>{{Cite web |title= |url=https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/}}</ref>]][[File:DCS warranty policy archive november 2023.png|alt=Screenshot of DCS warranty policy website from November 2023, which says battery will be replaced within warranty period if it falls below 70% capacity in warranty period if it is used a certain way. This text was NOT included in prior warranty policies. However, the page still says "Policy last updated 14th JUNE 2021." , which misleads customers into believing their warranty at the point of sale claimed 70% was considered defective even if it was 80% at the time of the customer's purchase.|thumb|Screenshot of DCS warranty policy website from November 2023, which says battery will be replaced within warranty period if it falls below 70% capacity in warranty period if it is used a certain way. This text was NOT included in prior warranty policies. However, the page still says "Policy last updated 14th JUNE 2021." , which misleads customers into believing their warranty at the point of sale claimed 70% was considered defective even if it was 80% at the time of the customer's purchase.<ref>{{Cite web |title= |url=https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/}}</ref>]]'''Misleading Warranty Terms:''' Fischer pointed out discrepancies between the warranty claims posted on DCS’s website and the apparent changes in policy. While the company falsely stated that their policy had not changed since 14 June 2021, archived versions of their website from March 2023 and November 2023 reveal otherwise. | ||
- The March 2023 policy states: "The battery will be determined to be defective if it fails to deliver less than 80% of its rated capacity during the warranty period."<ref>https://webarchive.nla.gov.au/awa/20230309064156/https://www.deepcyclesystems.com.au/shipping-return-policy/</ref> | - The March 2023 policy states: "The battery will be determined to be defective if it fails to deliver less than 80% of its rated capacity during the warranty period."<ref>https://webarchive.nla.gov.au/awa/20230309064156/https://www.deepcyclesystems.com.au/shipping-return-policy/</ref> | ||
- The November 2023 policy had changed: "The battery will be determined to be defective if it fails to deliver less than 80% of its rated capacity during the warranty period for normal installations. The battery will be determined to be defective if it fails to deliver less than 70% of its rated capacity during the warranty period when installed inside engine bays or engine compartments."<ref>https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/</ref> | - The November 2023 policy had changed: "The battery will be determined to be defective if it fails to deliver less than 80% of its rated capacity during the warranty period for normal installations. The battery will be determined to be defective if it fails to deliver less than 70% of its rated capacity during the warranty period when installed inside engine bays or engine compartments."<ref>https://webarchive.nla.gov.au/awa/20231107111343/https://www.deepcyclesystems.com.au/shipping-return-policy/</ref> | ||
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- DCS had more than 10 employees and was an associated entity of another corporation, making them ineligible to bring a defamation lawsuit. | - DCS had more than 10 employees and was an associated entity of another corporation, making them ineligible to bring a defamation lawsuit. | ||
- DCS's sole director, Marek Tomolowicz, was found to have made multiple misleading statements regarding company operations and finances. | - DCS's sole director, Marek Tomolowicz, was found to have made multiple misleading statements regarding company operations and finances. | ||
- There was financial intermingling between DCS and another company, Energy Tech Electronics. The court determined that both companies operated under the same financial structure, sharing a business credit card, assets, and cross-company loans. | - There was financial intermingling between DCS and another company, Energy Tech Electronics. The court determined that both companies operated under the same financial structure, sharing a business credit card, assets, and cross-company loans. | ||
- Tomolowicz admitted to using fake employee names in email communications, including an AI-generated employee named "Michelle" to correspond with customers. | - Tomolowicz admitted to using fake employee names in email communications, including an AI-generated employee named "Michelle" to correspond with customers. | ||
- The court deemed Tomolowicz’s testimony unreliable, citing instances where he was caught making false statements under oath, including prior claims that DCS had a factory stake in China. | - The court deemed Tomolowicz’s testimony unreliable, citing instances where he was caught making false statements under oath, including prior claims that DCS had a factory stake in China. | ||
- Payroll records, financial documents, and employee arrangements suggested that DCS had more than five full-time employees, with additional staff likely being compensated through research and development (R&D) expenditures. | - Payroll records, financial documents, and employee arrangements suggested that DCS had more than five full-time employees, with additional staff likely being compensated through research and development (R&D) expenditures. | ||
- The court also noted loans and shared financial resources between DCS and Energy Tech, further solidifying their classification as associated entities under corporate law. | - The court also noted loans and shared financial resources between DCS and Energy Tech, further solidifying their classification as associated entities under corporate law. | ||