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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42963
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have purchased a new piece of farming equipment in july, a

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I have purchased a new piece of farming equipment in july, a tractor, I paid approx. $175K for it. In the 6 or so months ive owned the tractor ive had constant issues with it breaking down. Which is costing my business its reputation and loss of customers and work.
it has just spent almost all of the last month broken down, or at the dealers getting repaired. there is still a large list of issues with it and the dealer is not sure how they are going to fix them, but they estimate id be without it for at least another month.
Ive asked the dealer and the company, ( New Holland Aust) to return the tractor and give me a refund on my purchase, but the basically ignore me.Where do I stand legally wanting a refund from them?

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Good Morning

The law says that if they cannot fix it they have to replace the machine.

The following link is the Consumer laws from the ACCC

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

So if the tractor cannot be repaired then they haver to replace it and if they cannot give you your money back.

I hope this makes sense and 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 13 days ago.
Hi Leon, I'm led to believe that what you have sent me only applies to goods and services with a value of less then $40000, and used for personal or household uses.
I run a small business, and the cost of my tractor well exceeds $40k.
I cannot find anywhere what the law states outside of those terms.

Good Evening.

If the item is faulty the laws are similar. They have a warranty with the equipment and they have to honour that warranty as well.

Customer: replied 11 days ago.
The warranty does not state anywhere that they will refund or replace the tractor. Only repair it.
I can't find anything on the accc website that states they have to replace the tractor or refund my money.

Can you send me the warranty papers you refer to?

Customer: replied 11 days ago.
Please find attached scanned documents

Good Afternoon

They have absolved themselves of the requirements under the Law but if you rad further it says where they cannot be excluded by law then they have to comply.

You need a full report form an independent party that can advise you what the issue is and if it can be repaired or not. If it cannot be repaired you will have to sue for brach of contract.

This is your only option.

Leon and 2 other Australia Law Specialists are ready to help you