Air Conditioner Unit Not Weatherproofed - Recoup Expenses from Electrician?

[Betty]

In August 2012, I had an air conditioner installed. The electrician did not weatherproof the isolation unit and it got water in it and stopped working. I have had to pay to get a replacement unit so I can use an air conditioner.
Can I recoup this expense from the electrician under Australian Consumer Law?

 

[rebeccag]

G'day Betty,
Did you have a warranty with it? What did your warranty paperwork say?
Did the electrician raise the weatherproofing issue at installation?
What kind if air conditioning unit did you buy and how much was it?

 

[Betty]

The warranty was standard guarantee for faulty goods. LG is the manufacturer and was prepared to pay to have it fixed if the unit itself was faulty.
The electrician told me nothing when he was here. My contract was with an air conditioning firm. The electrician was sub contracted to that firm.
It is a split system reverse cycle and cost just over $2000

 

[rebeccag]

It sounds like you could seek to enforce your rights under the Australian Consumer Law.

The ACCC's Consumer Guarantees page provides some useful information on this issue.

Products must be of acceptable quality, that is:

• safe, lasting, with no faults
• do all the things someone would normally expect them to do.

Acceptable quality takes into account what would normally be expected for the type of product and cost.

The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss. (You can seek compensation for damages and losses you suffer due to a problem with a product or service if the supplier could have reasonably foreseen the problem. This is in addition to your repair, replacement or refund. But , consumer guarantees do not apply if you misused a product in any way that caused the problem.)

If the air conditioning firm doesn't provide a remedy that you think is appropriate, then here's the ACCC’s “Make a Consumer Complaint” page that takes you through the steps to follow to make a complaint.

Hope you find that information useful.