Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/22/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
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.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months ago

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

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
WA
Solicitor: John Melis, Lawyer replied 7 months ago

ok.

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

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
ok
Solicitor: John Melis, Lawyer replied 7 months ago

would you like to discuss by phone ?

Ask Your Own Australia Law Question
Customer reply replied 6 months ago
No thanks
Solicitor: John Melis, Lawyer replied 6 months ago

ok

is there anything else I can help you with today ?

Ask Your Own Australia Law Question
Customer reply replied 6 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 6 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 .

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio 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

27,635 satisfied customers

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

Daniel

Daniel

Solicitor

5,940 satisfied customers

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

John Melis

John Melis

Lawyer

3,326 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Purchased car part (power steering pump) off eBay seller.
Hi. Purchased car part (power steering pump) off eBay seller. The part failed within 6 months, industry fair warranty would be 24 months. Seller first declined to make good the failure. Alternate pump… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I had a new kitchen installed but parts of the laminated
I had a new kitchen installed but parts of the laminated surface of the benches has gone white. The company Polytec says it is wear and tear even though it is still within the warranty period. What ca… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We bought an oven that is not functioning properly. I have
We bought an oven that is not functioning properly. I have contacted the store where we bought it and they no longer sell electrical appliances. They gave me a phone number for the supplier and I call… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have an almost two year old camper trailer that is now
Hello, I have an almost two year old camper trailer that is now water damaged. Testing has shown the front hook had not been secured or sealed correctly from purchase. The supplier will repair the dam… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Warranty issue with plastic rain water tank bought 9 years
Warranty issue with plastic rain water tank bought 9 years ago with 10 year warranty, developed a crack after 9 years. Manufacturer has offered pro-rata refund of 10% of purchase price as only one yea… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have a motor vehicle that has ongoing issues over the
I have a motor vehicle that has ongoing issues over the course of warranty and has spent multiple periods off the road over the course of warranty. Now I have taken it to the dealer with similar issue… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We would like to verbally speak to a Solicitor based on
We would like to verbally speak to a Solicitor based on earlier correspondence with Leon. We believe that leagal action will be required to solve our issue. Please contact John Carpenter 03-9975-7390… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Madam, In November 2013 I had my Liebherr fridge replaced
Dear Sir/Madam, In November 2013 I had my Liebherr fridge replaced after it was found to have a factory fault.In December 2015 I had contacted the agents to come and service the replacement fridge bec… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We received an invoice today for works performed on our panel
We received an invoice today for works performed on our panel saw. there was a fault and the saw caught fire The machine arrived with us in June 2011 We purchased the saw for over $20000 dollars they … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi I am preparing a small claim case and I think I have
Hi I am preparing a small claim case and I think I have my statement of claim written up properly. I have copied it below. Energy Matters (EM here on) designed, and installed our complete Solar PV sys… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
In 2006 we had our kitchen remodeled which included a new Baumatic
In 2006 we had our kitchen remodeled which included a new Baumatic fanforce wall oven. After about 6 months , the glass in the door exploded for no reason. This was replaced with out any fuss and we w… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Sorry to disturb you at this time. My mother has a solar power
Sorry to disturb you at this time. My mother has a solar power system installed in June last year. The inverter failed late October. It was reported to the supplier in October. The unit still has not … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
We import nursery furniture from China. We have brought in
We import nursery furniture from China. We have brought in 6 container loads in the past 2 years from the same supplier. The quality is generally ok with some minor issue that have been able to be fix… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I buy a product from an Australian importer who gives me sole
I buy a product from an Australian importer who gives me sole distribution rights for the product (they own the brand name and label the packaging with their details, but I invoice the customer and co… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Having entered a contract for Solar Panels with a company Solagex
Having entered a contract for Solar Panels with a company Solagex in January this year and paid $15k through a Finance Company, the system has recently failed after 4 months of operation, and for the … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I purchased and had fitted an LPG fuel system to my car here
I purchased and had fitted an LPG fuel system to my car here in Canberra. The system was supplied by a Melbourne firm with a three year warranty. The brochure says, inter alia "This warranty covers th… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
how can a distributor protect itself against customer claims,
how can a distributor protect itself against customer claims, if a manufacturer supplier goes into liquidation thus exposing the distribitor to product liability claims frpm products previously suppli… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have a question regarding statutary warranties. Having purchased
I have a question regarding statutary warranties. Having purchased a top of the range vacuum cleaner for a little over $1100.00 in July 2008 I now find it will need a replacement hose at a cost of $13… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 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