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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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I had a shade sail installed in November 2015. In December

Customer Question

I had a shade sail installed in November 2015. In December 2016, don't have date, I noticed a fabric fault in the sail and contacted the Provider. He and a representative of Cloth Supplier inspected the sail a few days later. No comments were made regarding cover for replacement at the time and the provider said as they were leaving that he would be in contact. The next communication was from the provider in the week before Christmas to make a time to erect replacement sail' At that time he made no mention regarding replacement costs so I assumed it was being replaced as I had intimated to him earlier under warranty. The replacement sail was installed, I assisted the installation as he was on his own and as he was leaving he gave me an account for $165 which said "replace shade sail". He made no comment at the time nor did I, previoous payments were made by direct debit at a later stage. On 14/01/2017 I noticed a similar fabric fault in the replacement sail. I rang provideron no answer sent a text of explanation with an attached photo showing fault. I received no answer over next few days to my calls. Eventually spoke on17/01/2017 and asked him to come and inspect fault. He said you haven't paid $165 account and I said on reflection as I was of the impression that in the absence of anything to the contrary that the replacement was a warranty matter and thereforether should be no charge. Where do I stand? The original cost was$1800.00
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: W.A.
JA: Have you contacted the manufacturer?
Customer: I have only ever dealt with the business, known as Sail City Shade Sails Company name - Fresca Foods Pty Ltd trading as Sail city. I do not know who the company is that provides Sail city with fabric as I am not dealing with them.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I am aware of. Is htere any cost if I proceed from here?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Patrick H. replied 5 months ago.

Am happy to help with some advice, but there are charges involved so if you are unclear about that please let me know?

Customer: replied 5 months ago.
What is the amount of charges?