Major Product Fault - Consumer or Seller Get to Choose Repair or Replacement?

Amaris on 04/06/2021 - 22:26
Last edited 05/06/2021 - 09:50 by 1 other user

Could I get some help interpreting the ACL entitlement.

If there is a major fault in a product does the consumer get the choice of repair or replacement or is it up to the retailer/ company to offer what they prefer?

I had a split aircon installed by a local company and the unit failed within a month. Now the manufacturer says they need to repair the item by putting in a new compressor in the external unit. Does the consumer get to ask for a replacement (rather than a repair) or do they have to agree to a repair if that's what the manufacturer is happy to offer?

And for the smart people here…yes, I've written to Fair Trading but am yet to hear from them.

Thanks

• 

  elgrande on 04/06/2021 - 22:32

  +2

  And for the smart people here…yes, I've written to Fair Trading but am yet to hear from them.

  But did you call them?

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  Cheeper on 04/06/2021 - 22:34

  First of all have you told the "retailer" that you would prefer a replacement unit rather than the existing one being repaired?
  As it is less than a month old that would be a reasonable request. See what they say and go from there…

  You are only obliged to deal with the seller/retailer and not the repairer or the manufacturer.
  The ACL is on the net and is clearly written so stand by that.

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  jimbobaus on 04/06/2021 - 22:57

  Some products come with a DOA policy which is usually recorded in your warranty documents.
  For example mobile phones have a 14 day DOA, if it fails in first 14 days its replaced outside of this its repaired.

  Putting that aside the act states that if its a MAJOR fault you can ask for a replacement or refund rather than a repair

  A product or good has a major problem when:
  it has a problem that would have stopped someone from buying it if they’d known about it
  it has multiple minor problems that, when taken as a whole, would have stopped someone from buying it if they’d known about them
  it is significantly different from the sample or description
  it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
  it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
  it is unsafe.

  I would politely request a replacement, advise them that you believe the fault to be major and under ACL you would like to exercise your right to a replacement.
  A failure within a month is not a good sign for the longevity of the product i suspect.

• 

  poboy on 04/06/2021 - 23:04

  -5

  They generally get to decide. I'm sure it's on the consumer law website. Look it up y'all.

  Fair trading is a toothless tiger.

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  JimmyF on 04/06/2021 - 23:53

  +5

  If there is a major fault in a product

  While everyone reads this differently, and I'm sure I'll get neg to hell on this, but a 'major' fault is normally one that can't be 'fixed' easily. As your case a compressor can be fixed easily.

  A major fault would be more a design fault etc or a fault that will take a long time repair.

  Sure everyone pulls the 'problem that would have stopped someone from buying it if they’d known about it', the fact is your AC doesn't have a problem, it has a fault. A problem would be something that can't be fixed.

  Anyhow not sure what your issue is. You purchased a unit with a 5 yr warranty, it has a fault, they are fixing it. Sounds pretty good to me. Sure it sucks it failed so soon, but at least its getting repaired.
  '

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  contrafibularities on 05/06/2021 - 06:53

  -1

  Yes you would be entitled to elect to get a replacement or refund in this circumstance. You get to decide not the retailer.

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  shaybisc on 05/06/2021 - 08:31

  When there is a major failure, the consumer can
  :•reject the goods and choose a refund or a replacement

  ACL reference: Part 5–4, Division 1, Subdivision A

  That seems clear to me - consumer chooses.

  https://consumerlaw.gov.au/sites/consumer/files/2016/05/0553…

  In this case I would choose a new compressor but that's just me.

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  jason101 on 05/06/2021 - 08:34

  +6

  Compressor replacement isn’t a big deal, far less an issue (for you) than pulling apart half your house and refitting a new internal and external unit, having tradesmen trampling through your house, potentially drilling new holes in walls, getting dust and mess everywhere etc. I’d rather have the compressor replaced in an external unit any day of the week than a full replacement of the entire system.

  Rather than getting too hung up on your rights think about it objectively as to what’s actually easiest and best for you.

  • 

    dmbminaret on 05/06/2021 - 09:06

    +1

    ^^ This is good advice.

    If it's a computer screen or something, push for a replacement as seems to be your right, but in this case I would be happy with the replacement compressor, not repaired compressor.

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  Halo375 on 05/06/2021 - 09:24

  Sometimes repair is better - as they know the fault and give you the new parts to make it better. Another new unit could simply have other faults that haven’t been found yet.

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  brendanm on 05/06/2021 - 09:32

  I'd prefer to have the compressor replaced than having someone pull out the whole lot and start again. Seems pointless for an easily replaceable part.

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  Amaris on 05/06/2021 - 23:00

  -1

  Thanks for the advice everyone