SA HN clearance stock damage during delivery

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B palmer

Member
19 June 2020
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We purchased a recliner lounge suite from a HN clearance store, the sales staff stated numerous times it was a cancelled customer order and on inspection by us at purchase it was clearly in great condition. On delivery it was discovered that the lounge had been damaged (dropped and frame was significantly bent) as per HN policy we contacted them and provided photos of before (in clearance store) and after, the manufacturer was then sent out to inspect and confirmed that it could be repaired, 2 weeks later we have been advised it can not be repaired but must be returned and to "reselect" a new lounge. We have been told by HN that they will NOT replace the suite as it was a "one off display model" and if we want a replacement we must pay the difference between the one we have already paid for and a brand new suite (apporximately $500) even after admitting that it was delivery drivers fault for damaging it and that a replacement at the same price isnt covered by Aust. Consumer guarantee as it was ex display. Could someone tell me if it is covered by consumer guarantee and how to enforce HN replacing the suit.
A refund was offered but we would much rather a replacement lounge given they have floor stock identical (we are happy to have it replaced with current floor stock as like for like as per their claim it was ex floor stock)