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QLD Faulty Printing Machine - Any Way to Get Compensation?

Discussion in 'Debt and Bankruptcy Law Forum' started by Michelle Toohey, 3 December 2014.

  1. Michelle Toohey

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    I have bought a printing machine from a company who have caused me headaches from the time my finance company deposited the money into their account. The machine wasn't delivered until 2 months after payment date and when it did arrive, it was damaged and not working as it was supposed to. They proceeded to get replacement parts from China and it was another 2 weeks before they arrived and still the machine was faulty.

    In the meantime, they had billed me for inks that were being used up at a fast rate on the constant testing of the machine. When I refused to pay for the inks as I felt that I was being milked financially, they then refused to complete the repair of this so called 'new' machine and have now given the outstanding invoice to a credit agency ( debt collectors). I feel as though I'm trapped by this company as I still have a printer that is suppose to be the back bone of my business (signwriting company) yet it hasn't been able to provide me with a reliable source for my business to earn income. My savings have been drained and now the only way I can get any sort of compensation is to go through a costly court case, which I just can't afford.

    Can anyone offer me some advice? Or do I just have to admit defeat and lose everything to these low lives? I'm also paying of a 5 year loan on the printer.
     
  2. Paul Cott

    Paul Cott Well-Known Member

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    Michelle,

    As the situation is costing you a great deal of money it may be worthwhile spending a lesser amount and seeing a Solicitor for some advice as to your options - for example, they make be able to take instructions from you and send a letter of demand for a relatively low cost.

    There are consumer protections/warranties that may cover you even though you are a business and which can be used as not only a 'defence' to the claim for monies allegedly owed by you but also can be the subject of a claim by you.

    Also your state Consumer Affairs department or similar may be able to help.

    Good luck, Paul.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Michelle,

    I agree with Paul. Have you tried contacting the QLD Fair Trading department or Australian Consumer and Competition Commission (ACCC)? There is a statutory guarantee what all goods purchased from a business must be of merchantable quality, without defect and is fit for the purpose it was purchased/sold. As such, ask the above authorities to assist in your dispute and try and claim your money back. If not, you will need to go to court (depending on the cost of the machine and what you are seeking, you may only need to go to the Magistrates' Court) and sue for a defective product (i.e. breach of contract).
     
  4. Sophea

    Sophea Well-Known Member

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    Hi Michelle,

    Did the printing machine cost more than $40,000? If not you will likely be covered by the Australian Consumer Law - administered in Qld by the Office of Fair Trading. Under the Consumer law, there are implied guarantees of businesses who are selling a product - one is that the business guarantees the goods sold will be of acceptable quality.

    That means the goods must:
    • be fit for performing their usual purpose
    • have acceptable appearance and finish
    • have no defects
    • be safe
    • be durable.
    Whether or not a product is of acceptable quality will be determined having regard to:
    • the nature of the goods
    • the price paid for them
    • any claims made by manufacturer or seller about product.
    If your product doesn't meet this guarantee, you will be entitled to a remedy. This may mean the business has to fix any faults or replace the product.

    I would contact the Office of Fair Trading and see what your options are to commence a complaint. I would also let the business know that that is what you are doing - it might make them think twice about pursuing you for the ink bill or at least get on with fixing the machine.
     
    Sarah J likes this.

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