Friday, Apr 18, 2008 at 08:33
This is from a publication on the ACCC website:
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• The goods must be of merchantable quality.
This means that they must meet a basic level
of quality and performance that would be
reasonable to expect, considering their price
and the manner in which they are described
(ss. 71(1) and 66(2)).
For example, a shoe should not lose a
heel the fi rst time it is worn, and a new car
should not have rust. However, a loose
door handle on a car may not make the car
unmerchantable.
• The goods must be fi t for their purpose.
This means that they must be suitable for
any particular purpose the consumer made
known to the supplier when negotiating or
arranging to buy them, or a purpose that is
obvious from the circumstances in which the
sale took place (s. 71(2)).
For example, if a consumer tells sales staff
that they are buying tiles for an outdoor patio
and less durable indoor tiles are supplied,
the goods may not be fi t for their purpose.
6
• Goods that are supplied by description or
sample must correspond with the description
or sample (ss. 70 and 72).
For example, any carpet laid must be the
same quality and colour as the sample the
consumer chose from.
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This is a sample letter from the same site:
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Example letter: requesting a refund
Bill Citizen
1 My Street
My town State 0123
(Ph 01 2345 6789
and email myname@mailhome.com.au)
Today's date
Ms Jill Smith (Manager)
Big Fizz Appliance Company
Commerce Street
Market City 9876
Dear Ms Smith
BIG FIZZ SOFT DRINK FOUNTAIN—Leaking Storage Tank
On 16 December 2007 I purchased a Big Fizz Soft Drink Fountain for $79.95 from your Market City store. I have enclosed a copy of my receipt for your information.
When I returned home and unpacked the Big Fizz Soft Drink Fountain I found that the main storage tank leaked and the appliance did not work properly. I returned to the Market City store and the sales assistant (Robert Rogers) told me that you no longer stocked the Big Fizz Soft Drink Fountain, but for an additional $29.90 I could upgrade to the Mega Fizz Refreshment Dispenser.
I explained to the sales assistant that I didn’t want the extra expense of upgrading to the Mega Fizz Refreshment Dispenser and would prefer to get a refund for the faulty unit I had purchased. He told me that it was not company policy to give refunds.
I believe that it is within my rights to request a refund for a faulty product and I would like to return the appliance to your Market City store for a full refund of the purchase price. Please contact me within the next two weeks to arrange a convenient time for me to return the appliance and collect my refund.
I can be contacted at home on the phone number above or at (01) 9876 5432 during business hours. I look forward to hearing from you if you wish to discuss this further.
Yours sincerely
W. Citizen
Enclosed: Copy of the receipt for the Big Fizz Soft Drink Fountain
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Tell your friend to go to the site and understand his rights. Then list the faults and qoute the standards that apply to the manufacture of trailers and then show how the trailer does not comply with those standards. Take the trailer back with the letter.
He'll get his refund!
If they are still 'difficult', sue them. From the facts you have given, he'll win.
Happy days
George
AnswerID:
299135