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NSW Receipt Required for Stove Purchased by Electrician?

Discussion in 'Australian Consumer Law Forum' started by bludyianos, 24 December 2014.

  1. bludyianos

    bludyianos Member

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    I own a property in NSW. One of the real estate agents told me my stove needed replacing. I agreed to a quote of $1200 for an electrician to replace it. Once it was installed the electrician presented the warranty and a general receipt from his own electrical company, but not a receipt of purchase from which the stove was purchased. Isn't he legally obliged to present the receipt of purchase under Australian Consumer Law? He doesn't believe he is, and has asked for me to prove that he has to.
     
  2. Sophea

    Sophea Well-Known Member

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    Do you need the store receipt to validate the warranty?
     
  3. bludyianos

    bludyianos Member

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    Yes, I would like it to validate warranty and as proof that the stove is mine. However, the electrician does not believe he has to provide the store receipt. As far as he is concerned I agreed to a quote for him to purchase and install and his receipt is the only thing he is obliged to present. Is this correct? I find it hard to believe I am delivered a product and I don't have a store receipt for it. I haven't paid him yet and he is threatening legal action.
     
  4. Tim W

    Tim W Lawyer

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    It may depend on who is the appliance vendor's customer.
    Whose name is on the vendor's Tax Invoice - yours, or the electrician's?

    For example, if the contract between you and him was to "supply and fit",
    then you may have bought it from him, not from the appliance vendor.
    In which case you may find that he is the appliance vendor's customer,
    rather than you.

    By comparison, if you ordered, and paid for, the item yourself,
    or, directed him to buy a certain make and/or model,
    and you paid the appliance vendor, then you are the appliance vendor's customer.

    In the former case, he may well need the vendor's receipt to claim his Input Tax Credit.
    I would expect your paperwork from him to include the appliance as a line item.

    If you are not the appliance vendor's customer,
    then any ACL obligations owed to you may fall on him.
     
    Sophea likes this.
  5. bludyianos

    bludyianos Member

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    Thank you Tim. I greatly appreciate your response. It seems to be in line with what the electrician is saying.
     

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