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We are an electrical contracting company who specialise in…

Customer Question
We are an electrical...

We are an electrical contracting company who specialise in gate automation. Over the last 4-5 years we have honoured a great deal of warranty claims for faulty goods.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

While our supplier and manufacturer of the goods has provided replacement parts, all costs for the inspection, removal and reinstatement of the goods has been borne by us, with zero compensation from the manufacturer. The manufacturer has a Sydney office and offers no support for the on site diagnosis, and repairs to their goods. Are we entitled to compensation from the manufacturer?

Lawyer's Assistant: Has anything been filed or reported?

We have kept records for everything.

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/22/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,450
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 4 months ago

there is a good possibility of raising a claim against the manufacturer under the ACL or breach of contract

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Customer reply replied 4 months ago
WA
Solicitor: John Melis, Lawyer replied 4 months ago

ok.

The law still remains the same with the issue you are dealing with.

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Customer reply replied 4 months ago
ok
Solicitor: John Melis, Lawyer replied 4 months ago

would you like to discuss by phone ?

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Customer reply replied 4 months ago
No thanks
Solicitor: John Melis, Lawyer replied 4 months ago

ok

is there anything else I can help you with today ?

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Customer reply replied 4 months ago
My understanding was that , as a business and reseller, we are not considered consumers, nor protected by ACL
Solicitor: John Melis, Lawyer replied 4 months ago

where you product is direct to the consumer it comes under the ACL

where it is B 2 B it is one of contract.

I have extended a special offer to talk on the phone if you prefer .

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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).

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