QLD Faulty Air-Conditioner - Pursue under Australian Consumer Law?

[tamus]

Hi, I bought 2 reverse cycle air cons in 2009. One has broken down, (PC Board and Noise filter board). The manufacturer claim the unit was not installed as per the manual (correct). The units had an obstruction within 400mm of the fan, and the installer claims the units worked fine for 6 years and the fault had nothing to do with the installation.

Is it worth pursuing under the Australian Consumer Law?

 

[Sarah J]

Hi Tamus,

6 years may be a bit long to pursue faulty workmanship against the installer. It depends, in part, on how long would be a reasonable time for an air-conditioning of that type to work for and when would that type of air-conditioning be expected to breakdown. You can contact Fair Trading QLD for a free enquiry. They are the department responsible for overseeing Australian Consumer Law and resolving disputes between consumers (you) and businesses (installer).

I note that if you were to pursue this in court, the statute of limitations may limit the action because it has been longer than 6 years.

 

[Sarah J]

Also, note that the Australian Consumer Law only came into effect in 2011. It applies to goods and services bought after this time. Your contract with the installers occurred before this time, which would make it come under the old version of the ACL (its predecessor). This article explains consumer protections prior to 2011: Products and Services Bought Before 2011 - Australian Competition and Consumer Commission.