VIC Should I Claim Compensation for Faulty Unit?

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James Brown

Active Member
16 January 2017
5
0
31
Hi,

I have purchased a Bonaire Dual BI12OD Dual Cycle Refrigerant Cooling & Gas Heating System in 2011. It had a 5-year warranty. It worked fine for a year, blowing cold air. Then once I had serviced it by the Boniare (Climate Technology's Service Technician), it seemed to have ongoing problems for the 5 years.

Each time I had called a service call, a technician would come out and temporarily fix it for a week or two, then it would stop working again and blow out warm air again. I have had 13 service calls (which were free under warranty), put in place and (each time a technician has come to try and repair this, with either a quick fix or no solution).

They have strung me along for the 5 years until my warranty has now run out. The unit is not fit for purpose as it doesn't cool the house down on hot days, as an air conditioner should, with fault after fault. What are my Australian Consumer Law rights?

Should they replace the unit free of charge, which would be another unit by the same brand (which will have faults also as per extensive bad reviews I have on the product as a whole, the product is faulty) or can I have a refund of my money and compensation for the many days off I had for a technician to come out as I am a Casual worker and don't get paid on my days off?

Regards,
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi James,

It sure sounds like they have strung you along. It might be worth contacting Consumer Affairs Victoria to check what options you have available. Make sure you mention making 13 service calls and only having the faults rectified for a couple of weeks at a time, of course that doesn't equal 4 years, so have the details on hand.

The following blog posts should provide some guidance on your rights and how to proceed.

https://www.lawanswers.com.au/blog/...tralian-consumer-law-guarantees-are-breached/

https://www.lawanswers.com.au/blog/consumer-rights-repairs-refunds-and-exchanges/
 

James Brown

Active Member
16 January 2017
5
0
31
Hi James,
It sure sounds like they have strung you along. It might be worth contacting Consumer Affairs Victoria to check what options you have available. Make sure you mention making 13 service calls and only having the faults rectified for a couple of weeks at a time, of course that doesn't equal 4 years, so have the details on hand.

The following blog posts should provide some guidance on your rights and how to proceed.
https://www.lawanswers.com.au/blog/...tralian-consumer-law-guarantees-are-breached/
https://www.lawanswers.com.au/blog/consumer-rights-repairs-refunds-and-exchanges/

Hi Lance,

Thanks for the prompt response, the links have given me more clarity on the issue.

Cheers!
 

James Brown

Active Member
16 January 2017
5
0
31
My ducted Air-Conditioner is faulty and has just finished it's 5-year warranty.

The manufacturer will replace it for free. Does my warranty start again with the new unit?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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2,894
www.hutchinsonlegal.com.au
Not 100% sure, but think the answer is 'no', the original warranty period applies.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi James, I agree with Rod, I don't think so. You could ask if you can purchase an additional warranty, or is that a bit cheeky. Good outcome though as far as getting a new system outside of warranty.