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SA Car Part Replaced by Mechanic Faulty - Reimbursement Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Jules20, 12 December 2015.

  1. Jules20

    Jules20 Member

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    I recently had major repair work on my car. Within a month, a replaced part failed. The mobile mechanic has replaced the faulty OEM part under warranty at no cost. However, the failure occurred whilst returning from Melbourne to SA. I incurred the cost of a hire car to get back to SA, and now have to fly back to Melbourne to pick up my car. Am I able to claim these expenses back under Australian Consumer Law?
     
  2. Sophea

    Sophea Well-Known Member

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    Who do you wish to claim back the expenses from? I would have thought that claiming collateral losses due to a simple part failure would not come within the scope of any compensation award. You may be able to claim under some types of roadside cover or vehicle insurance however.

    The ACCC have put out a comprehensive publication on vehicles sales and servicing and your rights under Australian Consumer Law. You can read more about your rights there.
     
    Tim W likes this.
  3. Jules20

    Jules20 Member

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    Thank you Sophea.

    The faulty part and installation are both under 12-month national warranty. The ACCC publication you mentioned provides for compensation due to the manufacturer's fault.

    Some businesses will
    "manufacturer’s warranty. This is a representation to a consumer, made at or around the time that goods are supplied, that if the goods (or part of them) are defective, the business will:

    • repair or replace goods (or part of them)
    • resupply or fix a problem with services (or part of them)
    • provide compensation to the consumer.
     

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