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QLD Received Damaged Goods - Who is Liable Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Spidermonkey, 8 March 2016.

  1. Spidermonkey

    Spidermonkey Member

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    Hi,

    My wife purchased some replacement fire bricks for our AGA wood stove online from a company in Melbourne. The first consignment never arrived and after complaining to the courier they ordered a replacement set at their expense.

    Today, the replacement bricks were delivered and one of those bricks has been broken. These are not standard bricks but are specially molded and created to withstand high temperatures and cost around $500 for a set.

    So the question is, to whom should we direct our complaint and is there anything we can do if they refuse to address the issue under Australian Consumer Law?
     
  2. Tim W

    Tim W Lawyer

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    Can the seller show that the original order was correct and complete when the courier collected it?
     
  3. Sophea

    Sophea Well-Known Member

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    I would say that in any event it's not your problem, but a matter to be sorted out between the retailer and the courier company. Either the retailer did not adequately pack its product or the courier was negligent in their handling of the package. They will have a contract between them that sets out who will be liable for what, and they can fight it out, you are not a party to that contract.
     
    Tim W likes this.
  4. Tim W

    Tim W Lawyer

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    My thoughts exactly.
    The courier will have some sort of term or condition in the vein of
    "all care but no responsibility".
    But that's between the seller and the courier.
    None of that is your problem.
     

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