by Gizmo  01/06/2005  1219 Page Views
1 Comments  Commercial law, litigation, contracts, IP, property law

In March last year my then 18yr old daughter purchased whitegoods from a well know store which I find out today was under a franchise operation and has since closed down.  A search on ASIC has found that the company operating the franchise was put under external receivership.  My daughter was misinformed on the conditions of the contract.  The inhouse rental agency (operated by the store) did not supply her with a copy of the contract.  The head office of the company concerned could not assist me due to the fact that the store was

I have contacted the Rental company that offers the stores the opportunity to become an agent for them.  This was to obtain a copy of the contract as my daughter wishes to terminate the contract.  She has exceeded her contract term and is no longer living away from home and therefore does not require the goods.  This company informed my daughter that she could not cancel the contract until the goods were returned at a cost to her using their referred cartage company.  I have since found out that this cartage company is also under external administration - registered 30/05/2005.  When my daughter requested a copy of the contract that she never received the Rental representative informed her that there would be a cost.  As they did not have written consent for me to speak on her behalf I was assigned to speaking my concerns via my daughter.  The 'gentleman' on the other end of the line was rather unhelpful in his comments.

What I would like to know is

1. How she can get out of the contract without any extra cost to herself. such as pickup costs.

2. Can she in anyway make it known to any relevant authorities that the franchise company was negligent in explaining and producing a copy of the contract terms & conditions.

Thanks.