VIC Am I Entitled to Refund Under Australian Consumer Law?

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lia

Member
21 June 2016
1
0
1
I bought a generator. Before the warranty ran out, it needed parts. It then blew up and I have asked for a refund under Australian Consumer Law. They said I used it wrong?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,239
978
2,894
How did they determine you used it incorrectly?
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
If it was under warranty when it blew up and they can't point to hard evidence of how you apparently used it incorrectly, they are bound by their warranty under Australian Consumer Law. I would send them a letter of demand, demanding that they fix or refund the generator within 7 days otherwise you will involve Consumer Affairs or take them to VCAT.

These might be helpful:
Australian Consumer Law Guarantees - How Can They Protect You? - Legal Blog - LawAnswers.com.au
Consumer Protection: What To Do If Your Australian Consumer Law Guarantees Are Breached - Legal Blog - LawAnswers.com.au
Your Consumer Rights - Repairs, Refunds and Exchanges - Legal Blog - LawAnswers.com.au
 
4 July 2016
4
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Its needed parts? Did you get someone else to install those parts? Were the parts issued by the manufacturer? That is something I would be asking? Did they put the parts in and then it blew up?