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What are my rights if the item I hired under a contract does not work?

I hired a steam cleaner from a cleaning company. I did not sign a contract. I just went into the store, paid the hiring fee and security deposit and was told to bring it back within a week. They said I would have my deposit returned to me if the cleaner was returned on time and in a good condition. When I took the cleaner home and tried to use it the cleaner leaked water and did not generate steam. What are my rights?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 02-11-2015
1 Lawyer Answered
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 Shamaila Khan, Kingsville 3012 VIC

  • When you paid the hiring fee and security deposit and took possession of the cleaner you entered into a consumer contract.
  • These contracts come with consumer guarantees that include a guarantee that the item being hired will work and do what it is described to do.
  • Since the cleaner did not work the way it was supposed to you should be entitled to a full refund of the hire fee and deposit provided that you can show that you attempted to operate the cleaner safely and in accordance with instructions.
  • If the cleaner caused damage to your floors by leaking water you may have a claim for the company to pay for the damage caused.

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