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VIC Purchased Air Conditioner at - Refund Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by The phantom, 17 January 2016.

  1. The phantom

    The phantom Member

    17 January 2016
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    Recently I purchased a portable air conditioner from a company called I've dealt with them before, and although there have been warranty issues, they were eventually resolved. This time, however, has been a nightmare. The Rank Arena A.C. unit information stated that it would comfortably cool an area of up to 15sq meters. I currently live in a small caravan which has an internal area of approx. 11sq meters. I followed all instructions & requirements & actually placed it on a seat about 600mm off the ground in an attempt to get maximum efficiency.

    The temp outside at the time was 38 C and inside the van around the same. The unit had only one speed (Flat Out) instead of three as stated. It was extremely noisy and vibrated badly. The absolute minimum temp I achieved after 3hrs of running was 27c at sitting level. 35c at head height. I tried two other positions after that to try & obtain better results to no avail.

    Anyway, I let the company know by direct email from their website of the problems & asked either for my money back or a swap for a wall mounted A.C. Four days later, I was knocked back for both because I had used the product & they didn't do swaps. Without wanting to go on & on, I sent a further 3 emails and an official paper mail complaint and have been totally ignored.

    I made a final email attempt to communicate by sending one direct from their website and got a reply 3 days later asking me to send the unit back. Which I did. It was picked up by Toll freight on the 6th Jan. Meanwhile, in desperation, I rang their 1300 number and actually spoke with someone who, after much debate, stated clearly that because of all my problems he would ensure I got my money back. He would send a confirmation email to that effect.

    I thought, "problem solved". A further 4 days later, no email, no phone call, just the original A.C.unit back on my doorstep without any more communication. I let them know I would be seeking legal advice. Hence, this letter.

    My question is, with the info you have, do I have any legal grounds under Australian Consumer Law for getting my money back, or am I stuck with a useless product that I can try & sell on Ebay? Maybe it will cool a kid's cubby house.

    By the way, I have also contacted Rank Arena in an attempt for an answer. Same thing. No response.

    I look forward to your reply.
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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  3. Rod

    Rod Well-Known Member

    27 May 2014
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    Situation is murky because a caravan is not as well insulated as a house, particularly if in full or partial sun. Heat enters into the caravan much easier than a house. How did you exhaust the hot air from the motor?

    You are likely using the product in a way that was not envisaged by the manufacturer. This does not make the unit useless. Bit like trying to play tennis with a squash racquet. Can be done, sort of, but not very effectively.

    In your circumstances if you got the temp down to 27 degrees I think it is doing very well.
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