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QLD Australian Consumer Law - Unsatisfactory Horse Breaking - What to Do?

Discussion in 'Australian Consumer Law Forum' started by waldojabber, 18 March 2016.

  1. waldojabber

    waldojabber Member

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    I recently had two mares broken in by what I assumed was a reputable company, advertised on Gumtree. I stated what I wanted done, was told that there would be videos and pictures of their progress and that I would be kept updated. The mares were delivered there in excellent condition and I was informed they would be kept in feed while being worked.There was very little communication from these people, always an excuse that the reception was not good where they live, even though one of them works in a good reception area.

    No videos or photos were forthcoming - the excuse being that the phone wouldn't upload to the computer. Each time I inquired, I was told they were both doing well and were very versatile with potential for competing but one mare was a having a little more trouble settling. These people were advised from the start of the advanced age of the mares and stated that was no problem and I also stated that I wanted quiet, responsive horses for people who had not ridden for several years.

    When I finally picked them up the two mares were in very poor condition, with the breaker stating they had been given good feed - they were just run down from all the work they had been given. This was after I had been informed that the constant rain had been holding up work on the horses. After requesting they be ridden before I took them home, I was very disappointed in the result as it was a less than basic break in job, and some of the points I had brought up at delivery, obviously had not been attended to and some of these were basic components of breaking in any horse.

    I don't like confrontation so I took the mares home - I also realised that I was not going to get any more from these people with regards to improving the horses. In my distress, I omitted to ask for a tax invoice/receipt for the two mares and a separate one for the saddle I also had purchased from them.

    I would just like to know where I stand legally under Australian Consumer Law as there is no documentation from either party. I also made the mistake of paying before checking out the job done. For the amount I was charged, I expected a far superior job to have been done on these mares.

    In the opinion of several other horse people, this is a very inferior breaking job, considering the fact that the breakers, themselves, have excellent competition horses. Could someone please help on what I action I can take?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi waldojabber, Australian Consumer Law principles will apply where you purchase a service that cost up to $40,000 and the person or business you bought it from sold it as part of their business or professional activity.

    The ACL stipulates (among other things) that services must be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and give the results that you and the business had agreed to. According to what you have stated above, you are of the opinion that the horse breaking services rendered have not met these warranties. If a court agrees that there is a major problem with a service not fulfilling these warranties the ACL entitles you to either cancel the service or if its too late for that receive compensation for the drop in value below the price paid, or a refund.

    A service is considered to have a major problem when, you wouldn't have purchased it if you had known about it, its unfit for its purpose and can't easily be fixed within a reasonable time, it doesn't meet the specific purpose you asked for and can't easily be fixed within a reasonable time.

    I would firstly request receipts from the business in question for the services you have received. I would then send them a letter of demand requesting a refund of the monies paid for the services on the basis that they do not fulfil the required warranties of acceptable quality or fitness for purpose under the ACL because of "XYZ" . Then say that if they don't pay you the refund by x date you will take it further involving the ACCC and/or Office of Fair Trading.
     
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  3. waldojabber

    waldojabber Member

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    Thank you, Sophea, that information will help a great deal. I have requested tax invoices/receipts but have received nothing in reply. I will send another request by mail.
     

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