I purchased a dishwasher from a reputable retailer late 2016. Since then it has been repaired twice and now it’s non-functional. I’ve mentioned to the retailer that I am interested in a refund and I am entitled to this under the Sales of Good Act. That is: If a product is not “fit for purpose” a refund is due. Previously, I have trusted the retailer to help with my enquiries but now the they have stopped returning my calls.
I am thinking about replacing the product myself and taking the retailer to small claims court. I have two questions:
I live in regional Australia and I ordered the product online. This form here says “NCAT can only hear matters where the contract was entered into, goods supplied or services given in NSW. If the place of
contract is not clear you should seek independent legal advice”. Does this mean I need to lodge a claim in the court local to the supplier?
Also: given I may have to take time off work and I contract on an hourly rate, can I claim lost income?
Many thanks in advance for help.