CHOICE membership

Roller Door Issues


#1

Hi, I have a panel glide roller door on my home. Back in May it failed and I had to replace the whole door. I was advised by the supplier it failed due to impact. They would not provide a stat dec to back up their statement, so I replaced the door as required. At the time, they told me the motor was fine. Two weeks ago the door has failed again, this time they are saying the motor failed due to the tensions being adjusted too high for the door. As far as I can work out, that is a technical issue and would only be done by the technician. The tenant was asked if they made any such adjustments. Due to this failure I am now required to replace the motor and top panel on the door as it has been damaged.
I am a bit stunned by this, as if the tensions were adjusted, why then should I pay for the damage to the door?
Any help would be appreciated. TIA


#2

You potentially have a right to the motor being replaced under the Australian Consumer Law. The ACCC states:

Services must:

be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
be fit for the purpose or give the results that you and the business had agreed to
be delivered within a reasonable time when there is no agreed end date.

If only the original installer has touched the tension of the door, then their own actions resulted in the failure of the motor. Thus they are responsible for the repair/replacement.


#3

thank you for your response.
the failure has also caused damage to the top panel on the door.
How do I now proceed with this?
thank you


#4

I assume that the advice on the over tension causing the fault is from a suitability qualified or experienced person. Record exactly your recollection of what they said, including the date and approximate time that information was provided to you.

I would be approaching the company that did the work in May and advising that the work they did was defective and resulted in the motor failing prematurely as well as damage to the top panel of the door. Include that you have advice from XYZ that the over tension during the door’s installation caused the damage to the motor and as also the top panel of the door.

Also advise that under the Australian Consumer Law, that the service they provide is required to “be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage”

It would be best to call them and then send it them in writing (either by email, smail mail or fax.

Also advise that if they don’t resolve the matter, that you may consider approaching the Office of Fair Trading and also Choice (if you are a member of Choice that is).

It is also important to document any interaction with them. For example, ask during the phone call who you are speaking to and after the call record a summary of the call. Such information will be needed should you take the matter further.

Let us know how you get on.

You can also tell us the name of the contractor who installed the door in May if you chose, so that we can see if there are any reports of repeated ‘shoddy’ work being done elsewhere, of if this is a one off/slip up.


#5

(Edit: @phb responded while I was writing, so there is some duplication of information.)

From the tone of what you wrote, I am guessing there was no visible ‘impact’ damage? If so, did the supplier explain how the arrived at that conclusion?

Have a read of Choice’s Consumer rights and products, Choice even provide useful scripts and templates for you to use.

It is the installers responsibility to have set up the replacement door correctly, and therefore you have a warranty claim according to the ACCC: Services must: be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage.

I would suggest that most people cant be bothered to and don’t fiddle with the settings of a working garage door, so I really doubt that your tenant would do so. The supplier sounds really dodgy to me, and appears to be looking for excuses as to why their product fails.

I would suggest that you write to/email the installer about the MAJOR failure with the help of the Choice templates. Make sure you include all the relevant information and any photos of the door you have. They installer is liable to replace the door motor and panel in my opinion.

Hope that helps.


#6

Hi Joanne,
It sounds like you have not seen the door when it first failed or subsequently failed?

We had a home for 16 years with a double width panel type garage door and automatic opener. The only problem with it after approx ten years was a fault with the drive motor. This was replaced.

When the door was replaced the installer should have adjusted the spring tension for the new door, which you have noted. If the original door opener has now failed and is not that old it may have been due to the tension not being set and causing the drive to overload is a possibility?

The top panel of the door also being damaged at the same time is not consistent with a simple motor failure due to age or incorrect tension? There are limit switches to set in the unit we had replaced, which is a once only task.
Adjusting the limits or door tension requires a very deliberate action and some effort.

There is a possibility the installer has not done something else right?
There is a possibility that something has happened to physically interfere with the operation of the door and that may be nothing to do with the installer?

It sounds most odd that the top panel is now also damaged.

Getting more information from the installer/repairer and the tenant may help. Although once you commit to the work we all know that we loose some of our bargaining power. It’s one of those tenancy issues though that cannot be put off if it is a security concern.

A key point may be whether you requested a report on the second failure before agreeing to the work, and whether you advised the repairer that you did not accept their assessment. I’ve assumed it’s the same repairer and installer in each instance. For reliable advice you should discuss with your local/state Dept of Fair Trading to better understand if you have any basis for dispute or a claim.

For future reference, when in similar circumstances I have previously had the agent I used provide photos before the work was agreed. Or had a nearby friend do the same.


#7

Thank you all for your input.
The installer in May is the same company who was called in to inspect the damage this time. I have email correspondence from them via my real estate agent, where they have said this time that the tension was set too high. They sent through a quote for the motor and top panel replacement (top panel replacement is at their cost, apparently). I told them I would not pay for the door if the motor has failed. The motor is the original one. They have asked the real estate how it is their problem. I have received photographs of both failures showing the damage. The supplier is Statewide Industries in Mackay Qld, they are the B & D Roller Door agents.


#8

Bingo. This is perfect and should be enough evidence to request that they carry out the repair under a inferred Australian Consumer Law warranty.

Is the property manager (real estate) managing the repair…as they will usually take the easy option and just instruct for the work to be done without challenging the veracity of the claim/work.

It maybe worth taking it off the real estate’s hands and dealing with the repair yourself as it will at least be in your control and you will know where things are at.

Being a small local company, there isn’t anything that crops up in relation to other customer’s having problems. This may be a positive as they may be more receptive to hearing your concerns and arguments about the repair.

The other important thing when contacting them is to be pleasant, polite and also make suggestions what can be done to make you happy (especially since their is a tenant which also needs to be considered and managed for any planned works).

Maybe if and when they agree with the repair, let them liaise with the real estate for access for the works.


#9

They became insolvent a year ago according to ASIC notices. This could be why they are trying to avoid any liability?

(It could also be that they sorted things out, or even the business has changed hands, but it should be the current owner that did the most recent installation.)


#10

Their website is still up and running…

https://www.statewideindustries.com.au/

It also appears that they trade under Statewide Sales and Service Pty Ltd.


#11

Yes. I saw the site when I found the insolvency notice, but couldn’t get information on the ownership.


#12

Goodness me…this is very overwhelming.
can you please dot point the steps I need to take. I am really annoyed with the supplier.
the person corresponding for the company is different to the one I dealt with in May.


#13

Apologies…just trying to help the best we can.

Their contacts are here…https://www.statewideindustries.com.au/contact.html

I would be corresponding with the manager where possible. The manager is Amanda Doull - hr@swdoors.com.au.

Steps:

  1. Contact the real estate and advise that you believe that this is a defect resulting from poorly installation of the roller door in May 2018. Also indicate that you will be taking over the repair/rectification, however, will hand the access to the property back to the real estate when an outcome has been achieved with the installation company.
  2. Contact Statewide Sales and Service Pty Ltd and advise that the information you have is the damage was caused by the over tension placed on the door during the May 2018 installation. The work at this time resulted in the problems and the service is considered defective (if has taken 6 months for the defective work to surface). Indicate that as a result the services in May were not carried out with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage. Also say that under the Australian Consumer Law you have a right for a remedy. Contact can either be done by phone, letter, email or fax. If you call them, follow up with a email/letter using the templates outlined in @meltamoost above.
  3. Wait for a formal response. If they indicate that they will not be providing a remedy, possibly offer that you will pay half for the motor (as it had some age and could be consider half way though its life) if they repair the panel and complete the work free of charge. Such would be seen as a reasonable offer by a reasonable person to resolve the problem. This offer could also be made in the intitial contact with them (under dot point 2). Record and discussions you have with them and if they don’t come to the party, advise you plan to take the matter further, to the Office of Fair Trading and Choice (only if you are a member). Services such as Choice Help can be used if you are a member.
  4. If a reasonable remedy is not forthcoming, you have the option of taking further action. A complaint can be lodged with the Queensland Office of Fair Trading on their website, or contact can be made with Choice Help if you are a Choice Member.
  5. Office of Fair Trading/Choice Help will advise you of the additional steps at this time.

At all times be polite, pleasant and willing to negotiate an acceptable outcome that suits you.


#14

Thank you so much.
In an email to them via the real estate on 14th, I offered to pay for the motor but not the door. That was when I got a reply saying and I quote " We understand the landlord not being happy about the cost involved to them in
replacing either the motor or the panel. What we do not understand is how this has become Statewide’s problem"


#15

I have emailed the Real Estate and advised them I am handling this and I have emailed Statewide requesting they review their decision on this and have offered to pay for the motor, as I have already done and for them to pay for the panel and installation. Advising that if we can’t come to an agreement, I will look at my option of contacting Consumer Affairs


#16

The response I have received is to do what I have to do. They are saying the door has been tampered with


#17

Unless they can offer written or photographic proof beyond their ‘opinion’ or have ‘expert’ testimony it had to be abuse have a read of the Australian Consumer Law as @meltam posted, and explicitly follow the process beginning with a formal letter of complaint including explicitly what you want them to do. Cite any evidence of claims of quality be it of doors or workmanship, and get a statement from your tenant regarding (the absence of) ‘tampering’ or citing any accidental damage caused - that would lend credibility.

If they do not budge, take your dossier to your consumer affairs office as a formal complaint. It reads like they are going to be difficult to deal with so good luck. Sometimes when a process gets formalised businesses will pay more attention to ‘casual’ exchanges, and sometimes businesses know what consumer affairs offices can and cannot do and how they do, and are happy to effectively thumb their noses. Let’s hope Statewide operates with integrity and works with you.


#18

I have requested a statement from the tenant and emailed Statewide requesting proof beyond their opinion that the door has been tampered with


#19

Statewide have come back with a request of a statement from the tenant


#20

This could be a positive move by Statewide and initial thoughts is they are keen to resolve the matter with you. Hopefully these initial thoughts prove to be true.