i have purshase a new 2010 Genie Telihandler 4 ton from a supplier in NSW called Eireka Pty Ltd for 92,950.00 it was sold with NO WARRANTY as agreed,it used on construction site.I was told it comply with 14181.9 and 1418.19 2007 but it does not have an Australian Compliance plate on the machine also this machine has being out of action for 4 weeks due to a computer fault on the hydraulic systems and the seller does not offer any assistance with parts and services etc,i bought it in January 2011 and had 3 months of work only until breakdown.
State/Territory: wa perth
i had an company which service the Genie equipement to look at this and they could not fix it as the machine was not sold by Genie Australia and was then made aware that the machine was brough in from overseas and was made in Italy,so the computer softwear is differance than the Genie Australian ,
i bought this brand Genie as it a very well used and respected brand make and good back up service,until i was made aware of this,
Hi,Can you please clarify what your question is?
as this machine was new and being checked over by 2 experience fitters this machine has defect ,am i entitle for the seller to fix and or replace or money back from this deal and are they entitle to sell equipement without australia compliance
You can ask them to repair the machine or to pay to have it registered as Australian compliant. However, did you ever sign a contract for the purchase of the machine?
i have ask for assistance with parts not payment as to where and whom can fix the machine and as the result of going to Genie Australian i was then made aware of (not sold by Genie Australian and problems with this type of machine and parts,i have tried to attach a copy of the sale contract but cannot with this set up
what i am asking can they sell this type of equipement and not have it Australian Compliance
what i am asking can they sell this type of equipment and not have it Australian Compliance No, they can't. Because until it is certified as Australian compliant, it is not fit for its intended purpose. The Sale of Goods Act 1895 requires that all goods sold be fit for their intended purpose, and if this Genie wasn't, then you can make a claim for a refund or for it to be made Australian complaint at the seller's expense.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
where do i go from here ?can you recomend someone in this area of law near Bunbury,or Mandurah Perth WA
Often if a lawyer threatens to sue them, their attitude changes and they often become more willing to sort the issue out. As such I suggest you contact Matthew Curwood who can be reached on (08) 9382 1899. He should be able to assist you further with this.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
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