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NSW 'Fit for Purpose' under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Stu123, 14 May 2015.

  1. Stu123

    Stu123 Member

    14 May 2015
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    I recently purchased a filing cabinet over the phone via a retailer and have obviously filled it up over the past couple of months. It has lately become rather full as you would expect and the other day it tipped over, no drawers open or anything. Little did I realise that there is a sticker on the back of the cabinet warning against overfilling.

    When I rang up the supplier to complain about this issue, they simply told me this is common for those types of cabinets and I should have paid attention to the sticker - even though I explained to them it was on the back of the cabinet pushed against the wall - how was I meant to see it?

    I have done a bit of research into the Australian consumer law and I am feeling this would be a breach of the consumer guarantees as surely it would be reasonable to expect the cabinet to stay upright while holding however many of pieces of paper that could physically fit in it right?

    Also the fact of the small, inappropriately placed warning sticker seems grossly inadequate, also the fact the salesperson knew about the issue and didn't inform me just doesn't seem right. When the cabinet fell it also smashed a fairly expensive laptop, would there be any chances I would be afforded damages for that if we can prove the defectiveness? Who should I be speaking to about this to, the retailer or manufacturer?

    Any help/advice/point in the right direction would be appreciated.
    Kathleen Lawrence likes this.
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Hi all you questions answers here Consumers' rights & obligations | ACCC

    Now my opinion is a filing cabinet can be filled to capacity with paper without failing. If you filled it with car parts or bricks that would be different.
    The only interpretation I can see for over filling would be if the draws were actually over flowing ie over filled.
    The ACC link I provided suggests you can claim damages for the laptop.

    Keep notes on every interaction with the retailer date/time/what was said or written even when you call and they promises a call back (everything).

    From what you have said expect a fight.
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  3. DennisD

    DennisD Well-Known Member

    11 July 2014
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    Hi Stu123

    From memory there's a subsection in section 259 re foreseeable loss or damage flowing from noncompliance with a consumer guarantee. In practice I doubt you'll recover anything for the laptop if at all, however please let us know how it goes
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