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NSW Caravan Warranty on Water Damage - Take Them to Court?

Discussion in 'Australian Consumer Law Forum' started by Joy D, 11 September 2014.

  1. Joy D

    Joy D Member

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    We have had an ongoing problem with getting our new caravan and its water damage repaired by the manufacturer. Our insurance company have rejected the claim according to insurance law under the clause of faulty workmanship on behalf of the manufacturer. The manufacturer won't come to the party as the caravan was 3 months out of warranty. This dispute has been going on for nearly 6 months. We have had previous water damage repaired under warranty but have been quoted a cost to have it repaired. The original price to have it fixed was $9500.
    Question: If we pay to have the repair done by the manufacturer, can we take them to court at a later stage? I have documentation, emails and photos of the damage that should be covered, as per the insurance company, and may take them to court.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Joy,

    When did you purchase this caravan?
     
  3. Joy D

    Joy D Member

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    We paid for the caravan December 2012. It was delivered to us at this time and we had water leaks in the van start at 3 weeks after delivery. We had warranty work for leaks in the front of van mid 2013 and with further water damage discovered November 2013. Warranty work was undertaken, which we aren't happy with, in March 2014. Further damage was discovered in April 2014 with major rotting in the back of the van. We have had quotes ranging from $12,500 to $9,500 for repairs.
    Regards
    Joy
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Joy,

    In that case, the sale and purchase of the caravan would come under Australian Consumer Law protection ("ACL"). Under ACL, there are a number of statutory guarantees that are implied in the contract and must be satisfied by the seller and/or manufacture. One such guarantee is to quality, another providing that the item must be free from defects.

    Have a read through the thread "Replace Timing Chains after car Warranty Expiry" for an explanation of ACL and statutory guarantees. The ACL is a federal piece of legislation which means it applies to any transaction between a consumer and business in Australia irrespective of which State the transaction took place in. Therefore, the same information will apply in your case.

    Taken from that thread:

    "I advise you to contact the Australian Competition and Consumer Commission and enquire about the merits of your claim:https://www.accc.gov.au/contact-us. The ACCC may even assist you in resolving your dispute against your seller through free alternative dispute resolution mechanisms."
    Best of luck Joy!
     
  5. Joy D

    Joy D Member

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    Hi Sarah
    Thank you for the info. I will have a look at the web site. I have already reported the "incidents" to the Victorian Consumer Affairs Dept. and the RVMA. I have also stated in a letter of demand to the manufacturer that they are bound by the ACL statutory guarantees but to no avail.
    Thanks again
    Regards Joy
     

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