THE Civil and Administrative Tribunal NSW has ordered Jayco to replace
a customer's two-year-old fault-riddled $70,000 caravan.
The tribunal heard that Junette Nicholson bought the Sillverline 24.7
brand new from Watson's Caravans Coffs Harbour in 2016 and that it
had since undergone warranty repairs on about 10 occasions and that over
90 items had been reported.
In his written decision, tribunal General Member Mark
Gilson said numerous defects still existed in the caravan.
"I conclude that a reasonable consumer being fully acquainted with these
circumstances would not have acquired the caravan," he said.
Ms Nicholson had claimed a full refund of the purchase price or a
replacement caravan of the same value.
During the hearing, the dealership maintained the caravan could still
be used for its intended purpose.
And Jayco argued there was little evidence that the caravan had a major
defect, was unsafe or unfit for its intended purpose.
Numerous
defects existed in the vehicle
|
But the tribunal found that numerous defects existed in the
vehicle.
"Of significant concern is the supply of gas to the stove and the
operation of the stove, the squeaks to the floor and the
bulges/deformations of some areas of the exterior walls," Mr Gilson said.
"Numerous other defects are of concern and require rectification or
replacement.
"I consider there to be some 13 items in this category, such as material
used to stabilise table not of sufficient durability, four perspex side
windows exhibit cracks to the corners, some seals to the slide-out area
are perishing and the second drawer under the sink does not remain locked
whilst the caravan is travelling."
Mr Gilson ruled that some items raised by Ms Nicholson were not defects,
including misalignment of shade over the slide-out area, operation of the
front window cover and a curve in the roll out awning rail.
"Consistent with my findings that there have been, and in fact still are
numerous defects in this caravan, I conclude that a reasonable consumer
would conclude that the caravan is not of acceptable quality," he said.
"I determine that the failure in the caravan is a major failure. The
applicant is therefore entitled to reject the caravan."
The tribunal ruled that Jayco must supply a replacement caravan of the
same type and of similar value on or before July 18 and that Ms Nicholson
must return her existing caravan within a week of receiving it.
Both actions will take place at Watson's Caravans in Coffs Harbour.
