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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Madam, In November 2013 I had my Liebherr fridge replaced

Customer Question

Dear Sir/Madam,
In November 2013 I had my Liebherr fridge replaced after it was found to have a factory fault.In December 2015 I had contacted the agents to come and service the replacement fridge because it was making a noise .
I was told that because it was replaced it carried no warranty and that I shoul get in Endeavour refridgeration to service the fridge.
Endeavour gave me a report that saying that the compressor had been overcharged from the factory and that was why the fridge was noisy and icing up on the compressor.
I was given a quote of $250.00 and the call out was about $250.00 a total of about $500.00.
I called a Mr steve Trotter of Andico (agent)and he was adamant that he was not responsible for the repair and or costs.
What are my rights ,my logic tells me that because it was originally a factory fault and the fridge was replaced they should warrant the replacement fridge for the 3year warranty period.
What recourse do I have and what would be the way forward?
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

That is incorrect. It should have continued with the warranty of the original fridge and it is still covered by the consumer warranties.

The diagnosis shows that the fault was the fault of the manufacturer and they should be covering it.

Here is the law as it stands in Australia

https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund

You have rights to have ti repaired and if it is not repairable then replaced. It is a manufacturing fault.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 10 months ago.
Leon I need clarity on the warranty the original fridge was just out of warranty when it was found to be a factory problem that damaged the fridge would the Agents still be liable to warranty the replacement fridge .
Expert:  Leon replied 10 months ago.

My opinion is the warranty does apply. But even if there is no warranty, lets say it has expired, you are covered by the law.

In both cases because they are refusing to honour anything you have to take the matter to QCAT and I would be arguing both the warranty and also the Australian Consumer Law.

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