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QLD Australian Consumer Law - Used a Different Brand to What was Agreed?

Discussion in 'Other/General Law Forum' started by turtl0760, 20 April 2016.

  1. turtl0760

    turtl0760 Member

    20 April 2016
    Likes Received:
    I had a Chromagen 450 litre Solar Split Hot water system on 22/6/2011 through a local company. The hot water tank is now leaking due to rust, and being within the 7 year warranty period, I phoned the plumber who sold and installed the system to me, only to find out that they are no longer the Chromagen authorised agents and was told to contact Chromagen directly.

    The tank installed was, in fact, is not a Chromagen tank but instead a Solarlord tank which was packaged under the Chromagen brand name and not what was ordered or sold to me by the invoice or emails. The tank made by Solarlord advised me that Chromagen purchased a number of tanks from them between 2008 to 2011 then packaged them with their product and that they only had a 5-year warranty on the tank which, when checking the serial number with them, had expired.

    That's fine, so I went back to Chromagen and after some heated discussions, they have agreed to replace the tank with not their own brand but with another brand Conergy, which they have once again purchased a number of tanks and after reading the reviews online I am not impressed.

    It appears that this Chromagen is the only solution and I am not happy. Right from the beginning back in March 2011, email correspondence and invoice from the plumbing company who sold and installed the system clearly stated it was a Chromagen system when, in fact, it wasn't. It was a mixture of different company's parts under the Chromagen package.

    In all the documentation and the email correspondence I received from that company, they clearly stated that I was purchasing a Chromagen product.
  2. Sophea

    Sophea Guest

    Hi Turtl0760,

    Under Australian Consumer Law, (which applies to purchases after 1 jan 2011), a supplier must guarantee that, amongst other things the product you purchased must match the description made by the salesperson, on packaging and labels, and in promotions or advertising or match any sample or demonstration model you asked for. Since it appears the company you purchased the tank off has breached this guarantee, you may be entitled to replacement or refund.

    If you are after a refund, and not the replacement I would be firm with them, write a letter of demand setting out your rights under the Australian Consumer law and demand that they refund the purchase price within X number of days failing which you will make a formal consumer compliant and or institute legal proceedings.

    See how you go with that.

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