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Warranty of used motor

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reallyxxxxxxloud View Drop Down
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Joined: 20/January/2011
Location: Australia
Posts: 13
  Quote reallyxxxxxxloud Quote  Post ReplyReply Direct Link To This Post Topic: Warranty of used motor
    Posted: 18/December/2017 at 18:32
I've sold a motor with 1 months warranty and near the end of that time the customer claims its now smoking but refused to send it back for my inspection as per his obligation under my disclaimer on my business page (that he is aware of). Instead he demanded $2500 extra money to cover incidentals - (again not covered) before he will release the engine.
He has now contacted the Office Fair Trading who have said that because he paid a certain amount of money that the motor is covered under the 9 consumer guarantees that apply to any goods you buy from a business in Queensland.

My disclaimer:

Consideration should be given to all parts as - "as is" condition, untested and a visual inspection only, unless otherwise stated. Warranty is upon return of item for inspection, unless otherwise stated. Warranty will be a replacement, repair or funds returned at our discretion. This warranty does not cover incidental costs associated with a failure or supply of the wrong part, replacement part or repair (i.e gaskets, oils, labour, seals, shop fees, filters etc).
: We will never sell a defected part knowingly.

But as per the consumer guarantees there's the Exceptions:

Exceptions

This guarantee does not apply if:

    you do not meet your obligations under the sale


Would this apply being he did not return the motor within the 1 months warranty period?

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/December/2017 at 20:27
You cannot include a disclaimer that reduces the rights of the customer as defined by the Legislated consumer guarantees.

I believe that he has fulfilled his obligation if he notified you within the time as defined in the Legislated consumer guarantees.

See your solicitor to see where you stand in this case.

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