What action i can take and compensation i can get from a solar energy company who installed dodgy equipment
Dear Tasmanian Office of Consumer Affairs and Fair Trading,
Dear Comissioner
In 2022 we entered into a contract with Quality Solar for $13700.
This was to supply 19 solar panels an Alpha inverter and a 10.3 kilowatt battery system.
We were told this system would provide enough energy to ensure we wouldnt have electricity bills.
And we would not have to pay for the system until we were satisfied it was working correctly.the system has 24 year guarantee on the equipment.
Since installion it has not worked satisfactorily. Within two weeks the inverter
Failed. It took six werks to replace the inverter.
During this time we made payments for the equipment and paid for electricity.
A new inverter was installed. ,it stopped functioning correctly and it completely stopped working over the summer months- hence no electricity was produced.
During the 11 months the system was installed it hasnt functioned at all for 5 months and very poorly the other months.
We have made payments for a system which doesnt work as well as paying for electricity
Our electricity bills for the period the system has been in operation amounted to $2,503.67
We have contacted Quality Solar on numerous occasions. We have been given numerous excuses
We still have no functiing solar after 11 weeks.
We have sold our house to downsize, our settlement date is the 21st April.
We have informed Quality solar it needs to be functioning as part of the sale, and it could affect the sale of the property if it is not working by that date.
I have asked for a refund of our payments
I have asked them to fix it numerous times
I have asked them to cover the cost of electricity.
No action or resolution has been reached.
They do not respond to our concerns. The service has been abysmal
We are out of options
Yours faithfully,
Angela Stewart
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Consumer Affairs and Fair Trading
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Dear Angela,
I refer to your enquiry to Consumer, Building and Occupational Services
(CBOS) regarding your concerns about the performance of a solar
installation, purchased by you, from Quality Solar.
From the information received, it appears that you are not satisfied with
the ongoing performance of the installation, which was purchased from this
trader. You are also not satisfied with the level of service that you
have received from the company.
The following is some general advice for you to consider.
Australian Consumer Law
Under the Australian Consumer Law (ACL) the following consumer guarantees
apply to the purchase of most products and services –
Products must be of acceptable quality, that is:
o safe, lasting, with no faults
o look acceptable
o do all the things someone would normally expect them to do.
Note - Acceptable quality takes into account what would normally be
expected for the type of product and cost.
Products must also:
o match descriptions made by the salesperson, on packaging and labels,
and in promotions or advertising
o match any demonstration model or sample you asked for
o be fit for the purpose the business told you it would be fit for and
for any purpose that you made known to the business before purchasing
o come with full title and ownership
o not carry any hidden debts or extra charges
o come with undisturbed possession, so no one has a right to take the
goods away or prevent you from using them
o meet any extra promises made about performance, condition and quality,
such as life time guarantees and money back offers
o have spare parts and repair facilities available for a reasonable time
after purchase unless you were told otherwise.
Under the ACL, a consumer can claim a remedy from the seller/retailer if
the products do not meet any one or more than one of the above consumer
guarantees. A ‘remedy’ is an attempt to put right a fault, defect, or
failure – for example, a repair, replacement, or refund.
Major Problem
Generally speaking, a consumer can ask the seller/retailer for a
replacement or refund if the problem with the product is major.
It is considered a ‘major’ problem with goods/when:
o it has a problem that would have stopped someone from buying it if
they’d known about it
o it has multiple minor problems that, when taken as a whole, would have
stopped someone from buying it if they’d known about them
o it is significantly different from the sample or description
o it is substantially unfit for its common purpose and can’t easily be
fixed within a reasonable time
o it doesn’t do what you asked for and can’t easily be fixed within a
reasonable time; or
o it is unsafe.
Warranties
Any warranty provided with the goods/service is in addition to the
consumer guarantees. The consumer guarantees do not become limited or
replaced if a warranty has expired, or was never applicable. A warranty
provides promises to consumers about what they will do if something goes
wrong with the goods, and the seller and consumers must comply with terms
of that warranty.
CBOS assistance
Although CBOS can provide you with the above information on your consumer
rights and how you may pursue these rights, we do not have authority to
make a trader provide a remedy or compensation. Rather claims of this
type and up to $5000 can be lodged in the Minor Civil Division of the
Magistrates Court, and legal representation is not required in the Minor
Civil Division. Anything greater will need to go to the Civil Division.
A link to the Court’s website is as follows:
[1]https://www.magistratescourt.tas.gov.au/.
In the meantime, I will consult with our Electrical Safety and Standards
(ESS) team and pass on any advice they may have.
Legal advice
You may need to seek professional advice from a legal practitioner, at
some stage in the future, particularly given the impending settlement of
your house sale. If needed you may be able to seek free legal advice on
this matter from the following:
o The Legal Aid Commission of Tasmania:
[2]http://www.legalaid.tas.gov.au/
o Community legal centres in Tasmania: [3]http://www.clctas.org.au/
More information
For more information on your consumer rights, please see our website
([4]www.cbos.tas.gov.au ) or the linked booklet; [5]Consumer guarantees -
a guide for consumers (accc.gov.au).
Suggested next steps
I suggest that you:
1. Begin drafting a formal letter to the trader and clearly and
succinctly outline your concerns that, under Australian Consumer Law,
the installation has a major problem , is not of acceptable quality
and that you are entitled to seek a remedy. You may wish to use a
template letter that can be found at the following link:
[6]http://www.consumer.tas.gov.au/fair_trad....
Give the business 10 business days to respond to you.
2. If the response is not to your satisfaction, contact CBOS again
attaching a copy of your letter, the warranty and any response that is
provided to you from Quality Solar.
I will also contact you further if the ESS team advises anything of
concern.
I hope this information is of some assistance to you.
Chris Jacoora
Team Leader, Consumer and Mediation Services
Consumer, Building and Occupational Services
Department of Justice
03 6166 4708 | [7][email address]
[8]www.justice.tas.gov.au
PO Box 56 Rosny Park, TAS 7018 | Corner of Cr Barnard Dr and Gordons
Hill Road
[9]Email signature block Jan 23 new
In recognition of the deep history and culture of this Island, I
acknowledge and pay my respects to all
Tasmanian Aboriginal people; the past and present custodians of the Land.
Dear Angela
Further to my advice, below, I sought advice from ESS. They advised that
there were some defects reported to them via the Government’s inspector
service, TechSafe Australia, but the defects had been rectified.
Therefore, I do not have any additional advice to provide other than what
is below.
I wish you well in getting a suitable resolution.
Regards
Chris Jacoora
Team Leader, Consumer and Mediation Services
CBOS
Tas
03 6166 4708
From: CBOS info
Sent: Thursday, 6 April 2023 11:08 AM
To: Angela Stewart <[FOI #10139 email]>
Subject: Solar installation complaint - response (Ref to CE/23/593 of 6
Apr)
Dear Angela,
I refer to your enquiry to Consumer, Building and Occupational Services
(CBOS) regarding your concerns about the performance of a solar
installation, purchased by you, from Quality Solar.
From the information received, it appears that you are not satisfied with
the ongoing performance of the installation, which was purchased from this
trader. You are also not satisfied with the level of service that you
have received from the company.
The following is some general advice for you to consider.
Australian Consumer Law
Under the Australian Consumer Law (ACL) the following consumer guarantees
apply to the purchase of most products and services –
Products must be of acceptable quality, that is:
o safe, lasting, with no faults
o look acceptable
o do all the things someone would normally expect them to do.
Note - Acceptable quality takes into account what would normally be
expected for the type of product and cost.
Products must also:
o match descriptions made by the salesperson, on packaging and labels,
and in promotions or advertising
o match any demonstration model or sample you asked for
o be fit for the purpose the business told you it would be fit for and
for any purpose that you made known to the business before purchasing
o come with full title and ownership
o not carry any hidden debts or extra charges
o come with undisturbed possession, so no one has a right to take the
goods away or prevent you from using them
o meet any extra promises made about performance, condition and quality,
such as life time guarantees and money back offers
o have spare parts and repair facilities available for a reasonable time
after purchase unless you were told otherwise.
Under the ACL, a consumer can claim a remedy from the seller/retailer if
the products do not meet any one or more than one of the above consumer
guarantees. A ‘remedy’ is an attempt to put right a fault, defect, or
failure – for example, a repair, replacement, or refund.
Major Problem
Generally speaking, a consumer can ask the seller/retailer for a
replacement or refund if the problem with the product is major.
It is considered a ‘major’ problem with goods/when:
o it has a problem that would have stopped someone from buying it if
they’d known about it
o it has multiple minor problems that, when taken as a whole, would have
stopped someone from buying it if they’d known about them
o it is significantly different from the sample or description
o it is substantially unfit for its common purpose and can’t easily be
fixed within a reasonable time
o it doesn’t do what you asked for and can’t easily be fixed within a
reasonable time; or
o it is unsafe.
Warranties
Any warranty provided with the goods/service is in addition to the
consumer guarantees. The consumer guarantees do not become limited or
replaced if a warranty has expired, or was never applicable. A warranty
provides promises to consumers about what they will do if something goes
wrong with the goods, and the seller and consumers must comply with terms
of that warranty.
CBOS assistance
Although CBOS can provide you with the above information on your consumer
rights and how you may pursue these rights, we do not have authority to
make a trader provide a remedy or compensation. Rather claims of this
type and up to $5000 can be lodged in the Minor Civil Division of the
Magistrates Court, and legal representation is not required in the Minor
Civil Division. Anything greater will need to go to the Civil Division.
A link to the Court’s website is as follows:
[1]https://www.magistratescourt.tas.gov.au/.
In the meantime, I will consult with our Electrical Safety and Standards
(ESS) team and pass on any advice they may have.
Legal advice
You may need to seek professional advice from a legal practitioner, at
some stage in the future, particularly given the impending settlement of
your house sale. If needed you may be able to seek free legal advice on
this matter from the following:
o The Legal Aid Commission of Tasmania:
[2]http://www.legalaid.tas.gov.au/
o Community legal centres in Tasmania: [3]http://www.clctas.org.au/
More information
For more information on your consumer rights, please see our website
([4]www.cbos.tas.gov.au ) or the linked booklet; [5]Consumer guarantees -
a guide for consumers (accc.gov.au).
Suggested next steps
I suggest that you:
1. Begin drafting a formal letter to the trader and clearly and
succinctly outline your concerns that, under Australian Consumer Law,
the installation has a major problem , is not of acceptable quality
and that you are entitled to seek a remedy. You may wish to use a
template letter that can be found at the following link:
[6]http://www.consumer.tas.gov.au/fair_trad....
Give the business 10 business days to respond to you.
2. If the response is not to your satisfaction, contact CBOS again
attaching a copy of your letter, the warranty and any response that is
provided to you from Quality Solar.
I will also contact you further if the ESS team advises anything of
concern.
I hope this information is of some assistance to you.
Chris Jacoora
Team Leader, Consumer and Mediation Services
Consumer, Building and Occupational Services
Department of Justice
03 6166 4708 | [7][email address]
[8]www.justice.tas.gov.au
PO Box 56 Rosny Park, TAS 7018 | Corner of Cr Barnard Dr and Gordons
Hill Road
[9]Email signature block Jan 23 new
In recognition of the deep history and culture of this Island, I
acknowledge and pay my respects to all
Tasmanian Aboriginal people; the past and present custodians of the Land.