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What can I do if the product fails to fulfil the purposes that a supplier assured me could be met?

I purchased boxes in which to store hazardous chemicals. I was informed by the supplier that the boxes were constructed to withstand corrosion but when one of my chemicals spilled it burned a hole at the bottom of the box. Not only have I lost money on the boxes I have also lose hundreds of dollars worth of chemicals which spilled through the hole and into a drain. Do I have a claim for the loss of chemicals?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-10-2015
1 Lawyer Answered
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  1. Product Liability
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

 

Answer by Shamila Khan, Kingsville 3012 VIC

  • Yes. A manufacturer or supplier of goods is liable to compensate a person for other goods that were damaged because of the defective product.
  • You may wish to make a complaint to the consumer regulator in your state or territory or seek legal advice on the specific grounds for making a claim.
  • Before doing so you can contact the supplier to discuss the compensation options first. Often a supplier will be willing to negotiate with you to avoid any further legal action.
  • Legal action can be expensive and the costs may outweigh the amount that you are seeking in compensation.  

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