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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 196
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I have recently on a Wednesday gone into a fencing company

Customer Question

Hi, I have recently on a Wednesday gone into a fencing company and picked out a color bond fence and paid for it, the color I chose however was not correct, when we got home on Wednesday night we become aware of this, the next day on her lunch break my partner went into the store and picked up some more colour samples she came home immediately after picking up the samples to match the correct color as she had been advised we needed to be prompt to ensure we could have the change made before the order was processed.
We rang back immediately and notified the consultant of the change, the product was to be delivered the following Wednesday as it was getting cut on the Friday we where advised.
The Wednesday for delivery rolls around and my goods have not been delivered, I rang the company to find out what the reason was and was informed that they could not get the color change through and my goods where there but in the unchanged color!.
I am requesting to be supplied with the correct color fencing as I was not notified of this until I called on the following Wednesday however the fencing company is refusing to replace the goods and is asking myself to pay for the sheets again as they had been cut to size.
I would like to know my options as I think it is unfair and if there is any consumer law that suggests in my favor if you could point me to it.
I kindly await your reply
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

My name is ***** ***** I am going to help you with your inquiry today. I am a solicitor in NSW. The best thing to do is to refuse to take the sheets on the basis of what you were informed about the date of cutting and the immediateness of your response back to them to change your order. But do immediately write down (both of you) your own recollection of numbers dialled, people spoken to and what they said. Put into your statement any detail about terms and conditions handed or emailed to you. Go to the company's website and ensure that there are no terms and conditions of ordering stock to which you might be said to be subject. In terms of consumer laws, there is nothing really to help you because most of the consumer laws state what is to be done if goods are paid for and delivered or picked up and are defective or not made to order. Whilst yours is not made to order, because you haven't paid for it you are better off avoiding any payment and if they sue you then defending your claim and your claim will be stronger with the contemporaneous notes you have made or the statements I have suggested you write above. I hope that has helped you. Feel free to look me up when and if you get sued as I can do a phone call with you to get all the information you need. Just if you do get sued, act on it quickly as it is 28 days only before someone can get a default judgement. Good luck.

Customer: replied 1 year ago.
We have already paid
Expert:  kmslaw replied 1 year ago.

Oh okay, I do apologise. Then you should rely upon section 18 of the Sale of Goods Act 1923. Tell them that if they don't return your money or give you the goods that you asked for, they are "goods that need to correspond with the description" and the description was that they were to be of a different colour. If you don't get a result from that, you can sue them under section 18 of the Sale of Goods Act 1923 by lodging a consumer complaint through the NSW Civil and Administrative Tribunal. See here for section 18: http://www5.austlii.edu.au/au/legis/nsw/consol_act/soga1923128/s18.html

The complaint form for filling out is here: http://www.ncat.nsw.gov.au/Documents/ccd_form_consumer_claim_application.pdf

I wish you all the best with the application.

Another avenue to take is to lodge a complaint with Fair Trading NSW: https://www.cas.fairtrading.nsw.gov.au/icmspublicweb/forms/GeneralForm.html

Good luck.

Expert:  kmslaw replied 1 year ago.

by the way, if you are not in NSW let me know and I will find the equivalent section in the State in which you are situated.