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.
If the issue existed before then it is still under warranty.
It is faulty and they have to repair or replace.
Here is the information followed by the link
Fixing something that is the manufacturer’s fault
Some goods may fail to meet one or more of the consumer guarantees due to a manufacturing defect or issue that would otherwise be the manufacturers fault. The consumer can ask the seller to provide a remedy, and the seller is required by law to oblige.
In this situation the manufacturer must reimburse the seller. The reimbursement amount can include any compensation paid to the consumer for reasonably foreseeable consequential losses.
A supplier has three years to ask the manufacturer for reimbursement, from the earliest of the following dates:
- the day they fixed any problems with the consumer’s goods
- the day the consumer took legal action against the supplier
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