am i entitled to a refund?

[Eevo]

so i wanted remote central locking (car already has central locking) + remote start for my bmw.

i contacted an auto electrical business in adelaide.


hello, im looking to get installed a keyless entry/remote central locking + remote start option for my 94 bmw e36, 318is. it currently has central locking and no transponder for the ignition key. i believe the Avital 4103 might be suitable choice???

the Avital 4103 was listed on their website.

their reply:


That's no worries we have them in stock and very familiar with the e36’s.

we can supply the Avital 4103 for $120 also we can wire it up for $350.

so i dropped the car off today, returned to pick it up. he shows me that the remote start works, i ask about the remote control locking and he informs me that it can't be done on this car. he said he will ring Avital tomorrow and see if they have a module thats compatible.

i pay (i think this is my mistake) and tell him im expecting his call tomorrow about the module.


when i get home, i notice that the central locking is no longer central and the doors have to be locked individually.

ive done a search of the internet and i dont think any module is available. Assuming he calls and says the same thing tomorrow, am i entitled to a refund under consumer law?


reading this i think i am
http://www.cbs.sa.gov.au/assets/files/consumerguide11.pdf


Guarantees
The Australian Consumer Law automatically provides you with
guarantees on certain goods and services. These are called
consumer guarantees.
You are guaranteed that the goods you buy:
• are of acceptable quality
• match the description, sample or demonstration model you
were shown
• are fit for their intended purpose
• have clear title, unless otherwise stated
• do not have any undisclosed securities (i.e. money owing on them)
• come with a right to undisturbed possession.
You are guaranteed that the services you buy are:
• provided with due care and skill
• fit for purpose
• completed within a reasonable time


Major failure
A major failure is a problem that cannot be fixed or is too difficult
to fix. For example:
• you would not have made the purchase if you had known about
the problem.
• the goods or services are substantially unfit for the purpose and
cannot easily be made fit, within a reasonable time.
• the goods or services are significantly differentfrom the description,
sample or demonstration given, or different from the purpose
explained by you to the supplier.
• there are safety concerns.
If there is a major failure, you (not the business) may decide which
one of the following options you wish to take:
Goods -
• return the goods for a full refund
• return the goods in exchange for an identical replacement, or one
of similar value
• keep the goods and claim compensation for the drop in value
caused by the problem.
Services -
• cancel the service contract and claim a refund
• keep the contract and claim compensation for the difference
in the service provided and what was paid for


The receipt say:

Supply Avital 4103x - Remote Start + Keyless Entry
Wire up engine start

Given that they said they could do it and they are very familiar with the e36’s, should I be entitled to a refund??

[carlschmid2002]

Yes. I wouldn't have paid. I know what it's like to want your car back. Years ago I wanted to get the air conditioning working on a RX4 so I left it with a mechanic whilst I was away. I returned and needed the car urgently. He said the aircon couldn't be fixed but still charged me a few hundred dollars in labour. No phone call nothing. I wish I had done something about this bloke. I was young and broke and just wanted my car back. I will never forget though.

[Chucaro]

As far as I know you should have the money back , the goods supplied are not fit for their intended purpose.

[London Boy]

You potentially have a case under the ACL and also a case for pure breach of contract. You might also have misrepresentation. In the first case you get your cash back, in the second you get compensation, ditto the third.
The mud in the pond is where you said you wanted the Avital 4103, and they might argue that you had specified a product and were aware of its capabilities. A long bow, sure, specially as you put a string of question marks behind it, but a possibility. You of course would argue that you, an ordinary consumer, were reliant on their advice, etc.
Make notes of what they said to you, as well as what was written down.
And depending on what they say at next contact, write to them demanding a refund. I'd also add that they need to repair the damage they've done to your existing central locking system. And reserve the right to claim from them any other costs you incur if they unreasonably refuse to meet their obligations under law. And then be prepared to go to QCAT, VCAT or whatever tribunal operates in your state. That's all fall-back - if they know you're serious and will pursue them then maybe they'll fold and just give you what they owe.

[Eevo]

thankyou for the reply. very helpful.

im guessing the central locking hasnt been damaged, just disconnected but still, not working.