In our recent survey on "How do you go about chasing a refund from a supplier who has not provided the correct quality goods keeping in mind The Department of Fairtrading does not cover Business to Business transactions."
It would seem that that the last portion of the survey, ie: - The Department of Fair Trading does not cover Business to Business transactions - is not true.
One of our readers contacted us after the survey results had been published pointing out this fact. We checked out the OFT web sites (each state have their own and we assume that they all offer the same services).
A quote from the NSW Office of Fair Trading goes as follows:
Who has to fix a problem with goods?
When goods fail to meet a guarantee, a consumer has a right to a remedy – an attempt to put the situation right. Common remedies include repair, replacement and refund.
The supplier has to provide the remedy when goods do not meet the following consumer guarantees:
•fit for any disclosed purpose
•match sample or demonstration model
•title
•undisturbed possession
•undisclosed securities.
The manufacturer has to provide the remedy when goods do not meet the consumer guarantee on repairs and spare parts, and any express warranty. The importer is responsible for these things when the manufacturer does not have an office in Australia.
The consumer can claim from the manufacturer and the supplier, if goods:
•are not of acceptable quality
•do not match description.
Whether you offer a repair, replacement, refund or other remedy depends on whether the problem is:
•major – cannot be fixed or too difficult to fix
•minor – can usually be put right.
Consumer guarantees apply to both. When goods fail to meet a consumer guarantee, the consumer can also claim for consequential losses – compensation for their costs in time and money because something went wrong.
The supplier may refuse to give a credit or a refund presumably if there is a legitimate reason for the refusal.
Interested parties can simply Google The Office of Fair Trading. A list of state offices come up and readers can simply scan the office in their own state to ascertain the guidelines set out.
Office of Fair Trading
http://www.fairtrading.nsw.gov.au/ftw/Businesses/Selling_goods_and_services/Refunds_repairs_and_replacement/Refunds_for_goods.page?
