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My friend gave me a brand new in its packaging Miele

Good afternoon Lawyer's Assistant:...

Good afternoon

Lawyer's Assistant: Hello. How can I help?

My friend gave me a brand new in its packaging Miele rangehood which she had purchased 7 years ago but because she has been renovating over a number of years had no need for it. I had it installed by a Miele agent and it has been working fine until now. The fan has stopped and I have been told there could be one or two things wrong with it but until they try the first one and see if it works they will not know if the second part is needed. I have paid $165 for the company for a service call, which is non refundable even if I go ahead with the repair! Because it is out of its warranty period they are not willing to talk to me re reimbursement of the $165 unless I go ahead and order a new range hood. My argument is that a Miele product which costs a fortune, should not give up the ghost after 2 1/2 years!! They should last for at least 20 years or more. I fortunately did not have to pay for this originally, but if I go ahead and organise the repair it could cost up to $800 plus for an item that in my opinion is inferior. I am interested to hear what you say. Ruth

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

NSW

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

Emails and discussion with the Miele agent I originally had to check the appliance and with Miele who say it is out of warranty and they are not willing to do anything. I have names of the people I spoke to

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No - do they think I a flogging a dead horse?

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Answered in 5 minutes by:
3/9/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,291
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 14 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself. Preferrably send the complaint by email.

If you do not receive a reply within 14 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal.

Would you like to try this option first.

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Customer reply replied 4 months ago
but am I wasting my time?
Customer reply replied 4 months ago
Not prepared to pay the $82

no you are not wasting your time.

you have a legal right and you can be protected.

would like to try my recommendation ?

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the law will protect you in this important matter.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars and thank you for using Just Answer.

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Customer reply replied 4 months ago
I cant do this without paying the $82 can I? Can we chat like this instead?

yes we can as long as you like

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Customer reply replied 4 months ago
Do you think I have grounds on which to stand? It just annoys me intensley that because my friend bought the rangehood and stored it in her garage for 7 years, it would have been more if she hadn't given it to me, that they are not willing to talk. I have been using it for 2 1/2 years as I state and it is now defective!!!

yes you do have grounds and you should raise complaint against the party.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thank you - I will try again - I will have to be like a dog with a bone I think. Thanks for your help.

you are most welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,291
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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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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