Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I bought some marble tiles from a company from Sydney. I

Customer Question
live in Queensland. The marble...
I bought some marble tiles from a company from Sydney. I live in Queensland. The marble tiles came and I had 4 tilers examine them. 2 tilers refused to fit them. One said he will not work with a substandard material. Another tiler came and said he can
see chipped edges on every third tiles. He said they will never look perfect when they are laid even if he does a perfect job. I examined the tiles. The tiles had lots of chips in them. Another tiler came and examined. He looked at them and said that he can
see obvious chips in at least every 3rd tiles and if he looks at them closely, all the tiles had minor chips at the edges. He also said the finished product will never be perfect. He also said he will need to take all the tiles out of the crates to examine
them to make sure they are ok to be laid even before taking on the job. I contacted him later and he said he didn't want to do the job anymore. I complained to the seller. He said that the tiles have voids in them and what they do is they cut and polish the
undamaged side so the undamaged side should look fine. However the tilers pointed out the defects on the polished sides. There were about 200 tiles and when you look at them from sides and from top you can see the chips everywhere. I complained to him that
at least 30% were defective and will have to be used for cuts and the stone is substandard. I was never told about these defects before buying the stone. The seller organized transport back to Sydney and upon examination he said he only found 21 tiles that
had minor imperfection on polished surface and rest of them were fine. He said because of that he took out 30% restocking fee and delivery fee from QLD to Sydney. I have lost $5500 from this case. What are my rights? Can the supplier do this? What constitutes
what is a defective material?
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 14 minutes by:
10/29/2015
Solicitor: Jared Pereira, Lawyer replied 2 years ago
Jared Pereira
Category: Australia Law
Satisfied Customers: 15
Experience: Principal Solicitor at Pivot Business Lawyers
Verified

Hi there. My name is ***** ***** I'm a solicitor. I'd be happy to answer your questions. First, did you buy the tiles at auction or retail? If you purchased them retail (and they were not second hand goods, or you were unaware that there was a possibility there would be chips or that they were "refurbished") then you probably have a good cause of action under the Australian Consumer Law. Under the consumer law, a supplier or manufacturer cannot exclude certain consumer guarantees, such as the guarantee that the goods are:

- of acceptable quality

- are fit for any purpose the customer has made know to the supplier

- match any sample

- free of defects.

As a consumer, you have the right to reject the goods, get a replacement or get a refund.

I would try to get statements from your tilers supporting your case that they:

(a) saw the goods

(b) the goods were not of acceptable quality; and

(c) they would not fit those tiles as they were not fit for purpose.

Armed with this proof, you should approach the supplier again and demand a full refund, or if that fails, go to Fair Trading Queensland and lodge a complaint. Their details are here: https://www.qld.gov.au/law/your-rights/consumer-rights-complaints-and-scams/make-a-consumer-complaint/

I hope this information has been of assistance. If so, please click "ACCEPT" and rate my answer. If not, I am happy to clarify if my answer is unclear. Regards, Jared.

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
The seller has stated that he examined the tiles and only found 21 out of 200 tiles to have minor visible chips on the polished surfaces. I never took all the tiles out of the crates because they are too heavy to lift but all the tiles that the tiler lifted had chips in corners and edges and you can see all the chipping from the top and sides. the seller stated that if I did lay them I would have only found 21 that would have needed to be replaced. Rest were fine. He said the stones have voids in them and he polishes the good side. Therefore because he only found 21 to be "defective", which can be used for cuts, he has to take 30% restocking fee plus shipping cost from QLD to NSW off the refunded amount. Can he do this? It says on the description that these are first choice tiles yet the product I received were full of chips here and there.
Solicitor: Jared Pereira, Lawyer replied 2 years ago

Hi, at this point it's your word against his that the majority of the tiles were unsuitable - which is why you need to get some support from your tilers. It seems to me that they are not "first choice" tiles. I would suggest you demand a full refund and that he has no right to withhold 30% as a restocking fee or charge you for shipping. If he does not agree, then go to Fair Trading Queensland (or the equivalent in NSW since they are based there). Hope this is of help. Regards, Jared.

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Ok. Thank you
Solicitor: Jared Pereira, Lawyer replied 2 years ago

I hope this information has been of assistance. If so, please click "ACCEPT" and rate my answer. Regards, Jared

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
I'm going through the tribunal and they seem very biased against me. I didn't even get the chance to state my case and the tribunal member kept criticizing me for not providing my evidence the way I was supposed to prepare when they didn't provide me with guidance. The other side didn't even bring his evidence to the hearing. Now I'm worried that in the formal hearing, I won't get to even talk and I don't even have sufficient time to prepare my evidence.
Customer reply replied 2 years ago
Fair Tradings wouldn't help me so I pushed it to tribunal but the tribunal seems to be biased. What will my best course of action be?
Customer reply replied 2 years ago
Tribunal gave me only 1 week and a half to get all the evidence ready and sent to NSW from QLD and gave the other side 3 weeks to prepare his evidence. They said this is how it works but I don't have enough time to gather sufficient evidence as I'm still waiting for the tiler to give me a better statement. But the tribunal has said I will need consent from the seller to be able to extend the time. I don't really know what to do now.
Ask Jared Pereira Your Own Question
Jared Pereira
Jared Pereira
Jared Pereira, Lawyer
Category: Australia Law
Satisfied Customers: 15
15 Satisfied Customers
Experience: Principal Solicitor at Pivot Business Lawyers

Jared Pereira is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I need to talk to a investigator ******. This is my num.
I need to talk to a investigator my name is Nick ******. … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have got a matter with emirates airlines could u please
hi i have got a matter with emirates airlines could u please help me with that … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have been seperated for a year now and we're starting to
Hi, I have been seperated for a year now and we're starting to divorce and sell the house and disperse the proceeds. My ex has said that the money she received from inheritance years ago needs to be r… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I act for a relation (Trevor) who was approached by his son
I act for a relation (Trevor) who was approached by his son to be a guarantor for a Loan from the ANZ bank. Trevor at that time was 79 years of age. He does not enjoy good health however took the to a local (country ) lawyer as required by the ANZ Banks papers. No doubt his son was very positive about the business which he was providing the Guarantee for. If there had been a financial examination it would have been discovered that the loan was being granted to provide rescue finance. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Can you help me.I was silly enough to take part in a
Please can you help me.I was silly enough to take part in a customer survey for Woolworths.The prize was a “free” vitamin supplement.I had to pay a small postage charge.I have since been billed $140 t… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I spent 4 months 7 days most weeks building a tray for a tow
I spent 4 months 7 days most weeks building a tray for a tow truck for a friend on the understanding that when the new truck was registered I would revive the old truck as payment … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
Learners log book the assessor changed the hours in book
Learners log book the assessor changed the hours in book says he has to do another 55 hours he is a learner Couier driver … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I am going to retire in less than 2 weeks. My employer is
I am going to retire in less than 2 weeks. My employer is unable to pay out my annual leave and long service entitlements. What are my options? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Married in Japan, Divorced in Australia. One side has
Married in Japan, Divorced in Australia. One side has pension money in Japan, quite a lot.Property split in Australia finalised, agreement allows either party to their entitlements in Japan.Does anyon… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I live in short term transitional housing, and have set a
I live in short term transitional housing, and have set a kiddie pool for my children to use. the housing providers have asked I remove the pool to safety but the pool is very well maintained, and onl… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have a commercial loan as personal guarantee with a
Hi i have a commercial loan as personal guarantee with a business partner we are unable to meet our repayment the finance company are going to garnish my wages … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have been terminated immediately from my position as
Hi I have been terminated immediately from my position as Business Manager. Rentokil Initial was my employer. What I need advice on was that they were supposed to pay me a 10k spouse allowance for mov… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
Helo. I had an accident where i got badly injured. My friend
I had an accident where i got badly injured. My friend was driving the car at that time. He ran over me while parking. But when the police came in he lied that it was not the car that hit me. When i was in the hospital he came to me and ask me to lie if the police comes in to ask me but the police never came to the hopital. The driver was not under the influence of alcohol or anything but he was very scared. Is he gonna be charfe for jail or something … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
Im a sub contractor supossed to be paid fortnightly its now
im a sub contractor supossed to be paid fortnightly its now 3 weeks since i started back at work and have not been paid he told me and 4 other workers the money was put in our banks on friday today is… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I need to know on how to proceed on a solar panel
I need to know on how to proceed on a solar panel installation … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I have spent $32000. O0 on a caravan from Sydney to. It chas
I have spent $32000. O0 on a caravan from Sydney to. It chas failed registered 4 times and they now aren't returning my calls. I'm stuck with a lemon. It was meant to be road ready. I work country tow… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I just wondering if anyone help with Dhs? Vic. Just i
Just i applied for transfer for 3 bedrooms but i feel they discriminate against to me i have 4 kids in 2 bedroom … read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers
I am from Papua New Guinea, I'm searching for my son, who
I am from Papua New Guinea, I'm searching for my son, who has been kidnapped by his Australian father 14 and half years ago.. His name is***** his mother lives in Graceville some in Brisbane. His sist… read more
John Melis
John Melis
Diploma In Law
1,353 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x