Hi all,
I am writing this in a last attempt to collect some information regarding this subject.
I own a pool business and we were contracted by a customer to assess his chlorinator and quoted him on the costs to repair/replace. We removed the chlorinator and sent it for assessment to some chlorinator experts and they advised that it needed a replacement cell. (For those that are unaware, a chlorinator cell is the part that produces chlorine to sanitise a pool, so it's rather important that it be in working order).
After getting word back from the chlorinator experts, I wrote an email to the customer informing him of the costs of the repairs (cell replacement) and gave him options that if he did not want to go ahead with repairs, we can install a new unit. He wrote back that we must please go ahead with the repairs.
Once repairs were done I emailed him to inform him and he then said that we must please install it for him. This was not the initial agreement as we normally charge a call out fee but for this case we said that we would just install it as it would have taken only 10 mins or so.
This was done in September of 2017. Invoices were sent shortly thereafter and after a few weeks of no payment, we tried calling, emailing, and sending statements of account. We received no reply to either of these.
We have now sent physical copies of both the invoice and the statement with an attached letter detailing the 7 day payment that is stated on the invoice, along with a final payment deadline. After there was no reply to this after a month we sent a final letter giving 7 more days for payment otherwise legal action will be taken.
Because law courts are expensive, we probably will end up paying more than was initially owed. What I would like to know is whether we have the right to go onto the property and remove the chlorinator cell from the housing. I have heard that even if they have not paid for it, if it is on their property the product becomes theirs so we cannot remove it. I have also heard that you may not remove it but you are entitled to sabotage/destroy the items that have not been paid for.
Any help or enlightenment regarding Australian Consumer Law would be amazing as right now I am in the dark as to the correct procedures.
Thanks in advance,
I am writing this in a last attempt to collect some information regarding this subject.
I own a pool business and we were contracted by a customer to assess his chlorinator and quoted him on the costs to repair/replace. We removed the chlorinator and sent it for assessment to some chlorinator experts and they advised that it needed a replacement cell. (For those that are unaware, a chlorinator cell is the part that produces chlorine to sanitise a pool, so it's rather important that it be in working order).
After getting word back from the chlorinator experts, I wrote an email to the customer informing him of the costs of the repairs (cell replacement) and gave him options that if he did not want to go ahead with repairs, we can install a new unit. He wrote back that we must please go ahead with the repairs.
Once repairs were done I emailed him to inform him and he then said that we must please install it for him. This was not the initial agreement as we normally charge a call out fee but for this case we said that we would just install it as it would have taken only 10 mins or so.
This was done in September of 2017. Invoices were sent shortly thereafter and after a few weeks of no payment, we tried calling, emailing, and sending statements of account. We received no reply to either of these.
We have now sent physical copies of both the invoice and the statement with an attached letter detailing the 7 day payment that is stated on the invoice, along with a final payment deadline. After there was no reply to this after a month we sent a final letter giving 7 more days for payment otherwise legal action will be taken.
Because law courts are expensive, we probably will end up paying more than was initially owed. What I would like to know is whether we have the right to go onto the property and remove the chlorinator cell from the housing. I have heard that even if they have not paid for it, if it is on their property the product becomes theirs so we cannot remove it. I have also heard that you may not remove it but you are entitled to sabotage/destroy the items that have not been paid for.
Any help or enlightenment regarding Australian Consumer Law would be amazing as right now I am in the dark as to the correct procedures.
Thanks in advance,
