A Queensland buyer paid close to $10,000 for a premium floor scrubbing machine, choosing the upgraded model built to last.
Four months later, it started failing.
Over the next seven months it broke down again and again, until it stopped working altogether. The supplier repaired it, but wouldn’t take it back. ezylegal took the supplier to court, and the buyer got a full refund.
At a glance
- Problem: A commercial-grade floor scrubber broke down five times in its first year, and the supplier wouldn’t refund it.
- Claim against: The supplier that sold the machine.
- Legal basis: The Australian Consumer Law guarantee that goods are of acceptable quality, and the right to a refund for a major failure.
- Result: A full refund of the purchase price, paid once court proceedings were underway.
A machine that kept failing
The machine stopped dispensing water four months after it was bought. The supplier repaired it. A week later, the same fault came back. Two months after that, it happened again.
Then the vacuum stopped working. Two days later, the whole machine died.
The buyer had paid for the corrosion-resistant upgrade so the machine would last. Within a year, it had spent more time broken than working properly.
Taking the supplier to court
ezylegal sent the supplier a letter of demand, explaining that repeated breakdowns like this are a major failure under the Australian Consumer Law, and asking for a refund. The supplier didn’t agree to one.
The supplier was based interstate, so ezylegal filed a claim in the Queensland Magistrates Court and served it interstate under national service rules. The claim asked for the full purchase price, plus interest and costs.
The outcome
Within a month of being served, the supplier refunded the full purchase price. With the money back, the court case was discontinued.
Can I get a refund if something keeps breaking after it’s been repaired?
Yes. If a product keeps failing, it can be a major failure under the Australian Consumer Law, and you can choose a refund instead of another repair.
A supplier doesn’t get unlimited attempts to fix something. Goods must be of acceptable quality, which includes being free from defects and durable. When the same product breaks down repeatedly, or fails in a way a reasonable buyer wouldn’t have accepted, you can reject it and ask for your money back. That applies to business equipment too, as long as it cost $100,000 or less.
If you’re facing something similar
If something you’ve bought keeps breaking down:
- keep your invoice, quote and any product specifications
- report every fault to the supplier in writing, with the date
- keep every service report and repair invoice
- when you’ve had enough, reject the product in writing and ask for a refund
Read more about your rights under the Australian Consumer Law. Get advice early, because time limits apply.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.