Warranty on electrician installed item - electrician no longer around

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CokemonZ

1047 posts

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#310448 20-Oct-2023 11:41

As per another thread I got a timer installed for my HWC. The timer failed after 1 year.

The electrician no longer appears to be in business.

Schnieder will replace the timer at no cost, and will recommend an electrician, but not pay for it. Thier statement is the electrician should do it under service warranty and while unfortunate they are not available it's not their responsibility.

I guess I get it but I'm a little bitter that I'll need to pay another $100 - $150 to replace the unit.

Looking at the CGA there is the option of consequential loss, but that doesn't seem to quite fit. (Faulty and unsafe products | Consumer Protection) See under can't go back to the retailer section.

What is fair and/or CGA'able here?

kiwi_64

257 posts

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#3150440 20-Oct-2023 11:49

personally, I'd just pay it.

Even if the original sparkie was still in business, there was (I assume) no issue with his(/her) workmanship and I'm not sure why they sure bear the cost to install the new unit.

The unit failed, not their fault.

Spyware

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#3150443 20-Oct-2023 11:55

Was the faulty timer an Acti9 mechanical timer, e.g.,https://www.se.com/au/en/product/15336/acti9-ih-mechanical-time-switch-24-h-150-h-memory/??

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traderstu

331 posts

Ultimate Geek

#3150444 20-Oct-2023 11:57

Yes, quite understandable that you are annoyed. Do you own & live on the property? Do you have the necessary knowledge and skills to do this yourself? Is it located outside the switch board? If yes to all of the above swap it out youself and move on.

Klathman

301 posts

Ultimate Geek

#3150445 20-Oct-2023 11:58

I've just gone through a disputes tribunal hearing recently, and there was a brief comment about businesses closing in relation to the Consumer Guarantees Act. My read on it was that there is nothing the court could do about it as the entity no longer exists. It didn't impact our case but might be useful for you.

CokemonZ

1047 posts

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#3150502 20-Oct-2023 14:44

Back into this thread:

TBH I am not 100% sure what's fair here.

Electrician was supplied a faulty component. They installed it. How different is it from a retailer with sales staff and a warehouse? But maybe they make their money on labour rather than margin?

The electrician still appears to exist (filed companies office returns in august) but does not respond to txt's, emails, calls and their website has disappeared making me think they have changed lines of work. They were always a mix of commercial and residential.

It was not that part it is: PDL 356PB10MBT-VW (PDL356PB10MBTW PDL Iconic Timers | PDL by Schneider Electric)

While I am roughly knowledgeable enough to replace the part it is a hot water cylinder timer vs a standard light switch so a little uncomfortable about the implications. 12.5a load vs 10a.

nickb800

2715 posts

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#3150510 20-Oct-2023 15:09

The Schneider warranty is fairly clear that it is product only, not labour (whether that holds up to CGA is a question I can't answer).

I can't see how changing the line of business would absolve your sparky of responsibility, given his business entity still exists. I would send a letter to their address (as per the companies office listing) giving them a deadline (e.g. 30 days) to replace the defective item or you will lodge a claim with the disputes tribunal, referencing the CGA. Hopefully the threat works, but you should have a solid case for the DT anyway

mattwnz

20107 posts

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#3150533 20-Oct-2023 16:19

nickb800:

The Schneider warranty is fairly clear that it is product only, not labour (whether that holds up to CGA is a question I can't answer).

I can't see how changing the line of business would absolve your sparky of responsibility, given his business entity still exists. I would send a letter to their address (as per the companies office listing) giving them a deadline (e.g. 30 days) to replace the defective item or you will lodge a claim with the disputes tribunal, referencing the CGA. Hopefully the threat works, but you should have a solid case for the DT anyway

IANAL, but I thought the CGA also covered consequential losses?

Why send them a letter instead of an email? I would have though letters can get lost in the post, unless you send it via signature required courier.

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CokemonZ

1047 posts

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#3150536 20-Oct-2023 16:33

So, reading this, frustrating as it is, seems like labour cga is associated with the electrician (which makes sense as the consumer facing entity).

I think in this case I will suck it up in the interests of expediency.

But every time I shower there will be bitter tears raining on me.

Handle9

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#3150539 20-Oct-2023 16:44

mattwnz:
nickb800:

The Schneider warranty is fairly clear that it is product only, not labour (whether that holds up to CGA is a question I can't answer).

I can't see how changing the line of business would absolve your sparky of responsibility, given his business entity still exists. I would send a letter to their address (as per the companies office listing) giving them a deadline (e.g. 30 days) to replace the defective item or you will lodge a claim with the disputes tribunal, referencing the CGA. Hopefully the threat works, but you should have a solid case for the DT anyway

IANAL, but I thought the CGA also covered consequential losses?

Why send them a letter instead of an email? I would have though letters can get lost in the post, unless you send it via signature required courier.

It’s a direct loss not a consequential loss.

Handle9

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#3150541 20-Oct-2023 16:57

OP has the option to pursue either the manufacturer/importer or the installer. The basic principle in the CGA is that the consumer should not be in a worse position than they would have been without the failure.

Go back to Schneider and advise them that you will be pursuing your CGA right to require remedy from the importer of the defective part. Tell them you are claiming from them under section 27 1 b

This says:

Subject to subsection (3), where a consumer has a right of redress against a manufacturer in accordance with this Part, the consumer, or any person who acquires the goods from or through the consumer, may obtain damages from the manufacturer—

for any loss or damage to the consumer or that other person resulting from the failure (other than loss or damage through a reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.

It is reasonable for installation costs to be foreseen.

They will try and get out of it, and you may have to file with the disputes tribunal, but you’ll win. Try and get past customer service and to compliance/legal. Customer service likely won’t actually understand their obligations.

mattwnz

20107 posts

Uber Geek

#3150670 20-Oct-2023 21:45

When you take a company to the Disputes Tribunal , don't you need to know the monetary amount it would cost to complete the remediation. Or would you just get a company to do the work, pay them, and and then claim that amount back from the manufacturer or tradesperson. Eg should you take them to the DT before it after the remediation?

jonherries

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#3151609 23-Oct-2023 18:54

Similar situation where we needed a vanity replaced (crazing in porcelain after 18 months). The manufacturer (Athena) supplied the part and the fitter/plumber to replace.

Jon