Thread: am i entitled to a refund?

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/file...merguide11.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??

thankyou for the reply. very helpful.

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