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VIC Australian Consumer Law - Non-Payment of Reconditioning - Can I Sell the Goods?

Discussion in 'Commercial Law Forum' started by Paul Retsas, 30 March 2016.

  1. Paul Retsas

    Paul Retsas Member

    30 March 2016
    Likes Received:
    A customer approached my business requesting I recondition his commercial food equipment. I accepted the work as per normal. I collected the equipment from his hotel and over an 8-month period reconditioned his 4 pieces.

    The 8 months was segmented work allocated. Time constraints were not really an issue. He did state before I took the equipment around a 3-month period. So 12 months have passed due to the "non-urgency " of equipment completion. Well, the equipment was completed a month ago to as new condition. The customer is now being rather elusive not returning messages or email or even his phone.

    I have had potential customers view the equipment and asked me if I'm interested in selling it. I have sent the owner of the equipment a statement via text message " This message is to formally advise you that the equipment you supplied to me for reconditioning will be sold for reinstatement of monies owed to me for work done ". This message I sent was after I had already sent previous requests for progress payments.

    Am I within my legal right under Australian Consumer Law to act on this last message?

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