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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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We would like to verbally speak to a Solicitor based on

Customer Question

We would like to verbally speak to a Solicitor based on earlier correspondence with Leon. We believe that leagal action will be required to solve our issue. Please contact John Carpenter 03-9975-7390
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

Can you select to have a call and then I can call you.

Customer: replied 8 months ago.
Leon, I've already paid the fee once and I didn't really get much advise (help) from your response
Expert:  Leon replied 8 months ago.

I am happy to assist but the last post I sent I asked you if you had any further information apart from the reference to the act?

I am happy to continue on here but I need to know more than what you have given me.

Customer: replied 8 months ago.
Leon
We are a mechanical contractor, and purchased some air conditioning indoors units from a local supplier to suit the project. One of the units has a cooling coil that has chilled water running through it, and after six months of use the coil has begun leaking quite badly. The manufacturer is saying that this unit is covered by a parts only warranty, based on Consumer act 1974. As such he is not prepared to accept any responsibility, plus i believe he had this coil component of his unit manufactured overseas, so the lead time for a new coil could be up to 6 weeks.
The type of unit that this is would normally be mounted above a ceiling, and that is the case in this application. Unfortunately it is the cooling unit for a CT scanning room at Sunshine Hospital.
The manufacturer is insisting that we remove the leaking coil and return it to him for inspection, before he would consider replacement, which will entail shutting down the CT room, removing quite a large section of ceiling, then removing the unit to strip the coil out. This could cost up to $200,000.00 just for removal and re-instatement, without factoring in any losses for the room not operating.
He is not offering to assist with the costs of any of these works, even though the coil normal working life would be expected to be 15 - 20 years.
Does he have a responsibility under any statutory warranty act to provide more than this minimal service, and would he be responsible for any of the associated costs given the extremely short time that this coil has operated for before failing?
Expert:  Leon replied 8 months ago.

Good Afternoon

I assume it was a brand new unit?

They are wrong. If the unit is faulty they are liable to repair at their cost.

This was not for consumer use but commercial use?

Was it properly installed?

Most commercial units are given a less warranty period than residential units. But they are full warranties including the cost of labour.

Did you get warranty papers for the unit when you purchased them?

Customer: replied 8 months ago.
Leon
It was a brand new unit, specifically designed and manufactured for this particular application.
We purchased it for the job at Sunshine Hospital, so you would class it as a commercial unit, to the best of my knowledge any other manufacturer of commercial airconditioning systems cover them for a minimum of twelve moths, some for longer, It usually includes labour and parts, but not necessary any specially required access equipment.It was correctly installed, and all relevant compliance certificates were raised and lodged.Thanks
Expert:  Leon replied 8 months ago.

Good Afternoon

It is covered for parts and labour they cannot argue that it is parts only.

They have to cover it all.

This is the law. You can contact the ACCC and report them.

https://www.accc.gov.au/