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VIC Australian Consumer Law - Faulty Computer Repairs Service?

Discussion in 'Australian Consumer Law Forum' started by SunshineGran, 19 November 2017.

  1. SunshineGran

    SunshineGran Member

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    In Victoria.

    I brought my laptop computer round to a repair shop for a cleaning and a solid hard drive. The laptop is old but sturdy. The side plug was loose when I picked it up.

    I brought it back round to the shop. OB ("owner bloke") said it wasn't his responsibility and I had to prove his repair lad damaged it. As a compromise, OB agreed to cover his lad's labour if I paid for a repair part. I agreed.

    OB told me I needed to replace the whole main board. I paid $150. He bought three main boards from China and none worked. I waited three months.

    I told OB I was done waiting and I wanted it fixed at another shop and for OB to pay for it. OB told me he's not responsible for paying for work elsewhere and all he he has to do is refund the money I paid towards the Chinese main boards. OB told me unless I paid him at the start for both parts and labour I'm not entitled to compensation for faulty service.

    Is this true under Australian Consumer Law? Do I have to pay for a repair even if my computer isn't fixed to have faulty service sorted out?

    I took my computer to a another shop and SO ("second owner") fixed the side plug for $70. SO told me there was no reason to replace the main board as it's very good. OB took too long and tried to replace the wrong part. I don't understand why I would have had to pay OB $250 (parts and labour) in order for him to pay SO $70. How is returning my $150 compensation for faulty service if I have to sort out the repair?

    Edit: I fixed a typing mistake.
     
  2. Clancy

    Clancy Well-Known Member

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    Well, it seems like you lost out at the point of the plug being loose and the OB denied doing it.

    He has then given you some free labor as a compromise but you loose that benefit by going elsewhere.

    The three main boards would not have been faulty, they are all QC tested before dispatch from the factory. This guy is telling you stories and hoping you give up and go away. But also he is clever enough not to directly break the law or do anything wrong 'that can be proven'.
     
  3. SunshineGran

    SunshineGran Member

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    The main boards were bought on ebay from China. They're not from a factory. They're refurbished.

    I agree that OB was probably lying to me but what could I do?

    Edit: More questions:

    I just wanted to know if I had to pay for all the work before he was legally obligated to provide a remedy?

    Also, was it his legal right after three repairs to only give me a refund? This was a minor fault and the ACCC web page says a service shop can choose the remedy with a minor fault but it also says I can be entitled to a free repair or to have the repair done by a third party if it takes a long time.

    If a shop always chooses the remedy then they're always going to choose what's in their favour and they'd never choose to pay someone else for repairs.

    I don't understand when enough time has passed that I can get a free repair or repair by someone else?
     
    #3 SunshineGran, 21 November 2017
    Last edited: 21 November 2017
  4. Clancy

    Clancy Well-Known Member

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    Well, like I said earlier, the trick is, the OB denied responsibility for damaged the plug in the first place. That is the point where you lost out.

    You have subsequently ordered a part, but without the obligation of installation - He is granting the installation as a bonus and not a paid for service, so he knows he is not bound by the normal obligations under consumer law. I would say he is correct but I do not no for sure?
     
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