NSW Found Major Fault in Product - Entitled to Refund or Replacement?

[Ramah]

Good evening all,

I purchased a new Dux heating system through Cavana Plumbing in November 2016 and they installed it for me. 2 days ago, our hot water stopped working so I called Cavana Plumbing and one of their engineers came out to have a look and he said that it's a faulty unit and the whole thing needs to be replaced.

The gas has leaked out of the unit and he said the fault could have been there from the start but it's hard to tell but he can see there's no signs of misuse or accidental damage. As they don't usually repair this fault, he said they would give me a new system but the warranty would still be from the date of initial purchase.

Now, barely 5 months and it needs replacing so I'm not happy to have the same product again. As this is a major fault (the whole system is not working) am I entitled to a refund under Australian Consumer Law? Or at least an exchange for another product?

The engineer kept saying that they will only replace like for like even when I said I am happy to pay more to go with another brand as I don't trust Dux anymore.

Thanks for your help in advance.

 

[Rod]

ACL gives you the right to request your money back from the supplier.

 

[Ramah]

ACL gives you the right to request your money back from the supplier.

Thank you for your reply. I was just reading up on the law now. Do you know if they can insist on an exchange for the same product rather than a refund? Is there a body I could go to to challenge this like an ombudsman?

Like I said I'd be more than happy to exchange for a different brand but I really don't want Dux anymore. My last system was a Dux which broke down just out of warranty 5 months ago and I foolishly thought it might be a one off faulty unit so went for the same brand again.

 

[Rod]

Do you know if they can insist on an exchange for the same product rather than a refund?

Not for a major fault.

You haven't said what state you are in so can't say which is the best way to solve your problem. Generally you use the state tribunal where you reside, such as VCAT, QCAT, NCAT etc.

 

[Ramah]

Not for a major fault.

You haven't said what state you are in so can't say which is the best way to solve your problem. Generally you use the state tribunal where you reside, such as VCAT, QCAT, NCAT etc.

Sorry I'm in Sydney, NSW. By major fault I mean that it's stopped working, not heating the water and the engineer said it's not something they repair as they can't guarantee that the gas won't leak out again.

Thank you for your replies, I appreciate it!

 

[Rod]

So NCAT it is.

Recommend you read these pages:

Publications and resources - Consumer and Commercial Division
Common questions - Consumer and Commercial Division

then call supplier again and say you prefer a different system or a full refund. Note you may have to pay extra for a better system.

 

[Ramah]

So NCAT it is.

Recommend you read these pages:

Publications and resources - Consumer and Commercial Division
Common questions - Consumer and Commercial Division

then call supplier again and say you prefer a different system or a full refund. Note you may have to pay extra for a better system.

Perfect, thank you for all your help, I'll have a read of them now and I'll call them tomorrow. I have no issue paying more for a better system, I've already shed a few grand on this so I'd rather get something that will last Thanks again! I'll update with what happens!

 

[Ramah]

Hi again.

So after numerous calls, it seems that they won't budge, they're willing to exchange for the same model but nothing else.

I called Fair Trading and was told that it all depends on the warranty and that ACL only kicks in if they don't abide by the warranty, is this correct?

The Dux warranty is that they repair or replace the faulty item.

Any help would be greatly appreciated.

 

[Rod]

Repair, replace, refund

 

[Ramah]

Thank you, I tried to tell that to the lady I spoke to in Fair Trading but she seems to think a manufacturer's warranty overrides this if it's still in effect.

I'll give the ACCC a call on Monday and see how else I can approach the matter.

Thanks for all your help