Green Engineering Solar Retailer Refund Dispute. Please Let Me Hear about Your Opinion

English is my second langue so I tried my best to keep it precise and clear. My apology if I failed to do so.

Dad signed a contract with GreenEngineering on 20/02/17. He paid a $200 deposit. The contract stated cancellation period is within 5 business day for newspaper advertising clients and 10 business days for door to door tele sale. The purchase was made at a physical store of Green Engineering so I figured we fall into the 10 days period category. Dad did not know this because he failed to ask about it and the fine prints were on the contract but were in English, which he doesn't really speak but that is no excuse, I understand.

Contact state installation will begin approximately around 3-8 weeks. After more than 6 weeks, dad went back to the shop to check installation progress and the Store was gone. Dad was worried that he was conned so he called the sale rep and inquired. Sale Rep couldn't offer an explanation for the delay and told him physical store is gone permanently and if he needs sale support then call or email Green Engineering support. He's tech-illiterate and speaks broken English so that's a no deal for him. So he wanted to cancel the contract altogether then and there, on the ground that the installation took too long and it will be inconvenient for him as a customer to get support if he ever needs it in the future. Please note this is the Sale Rep my dad spoke to at the store, he also speaks my dad's native tongue.

Failing to convince dad to stick with the contract, Rep agreed to refund the deposit but says he can only refund $150, the other $50 is kept as a cancellation fee. Notice how he failed to inform my dad about the cancellation cool down period. If he did, we would probably begrudgingly accepted it and move on. Anywho, 2 weeks passed, we heard nothing from sale rep, tried to call again and did not get through. This was late April.

Dad finally brought this to my attention, so I get in contacts with Green Engineering. The sale assistant took my details down and advised us to wait for a call from them, that never came. All through May and June, I rang multiple times, to see if they can fast track my case and got the same memo: 'wait for us to call you'.

23/06/17 is when a sale rep contacted me, through a text message no less. Basically said they can't refund since cooling down period is 5 days after contract signed so forget about it. I got frustrated and told her to properly call me like they promised, I deserved that at least after waiting for more than a month. I rang her (phone rep is a female) next business day. Tried to explain the situation and see if they will take any responsibility for what their other sale rep said to my dad regarding the refund. She listened to me, barely and very disinterestedly I may add and said she'll contact me next week. This was on 27/06/17. I'm tempted to call her again to enquire but doubt if this will go anywhere.

In Summary: male Sale-Rep told a lie about the refund process and disappeared. Female sale rep from call centre informed me about official refund policy but basically said Green Engineering is not responsible for the action of their employee and whatever the employee told the customer. Dad obviously preached the contract term by canceling after the cool down period.

My question is:
* Is pursuing the deposit refund worth it? My dad is in the wrong as he did not read the fine print and follow refund guideline, right?
* Can the company be held accountable for what their employee said and did?

I know my story is long-winded and confusing, I guess I just want to vent my frustration about my dad and Green Engineering less than stellar customer service onto strangers on the internet. Thank you for anyone who offer your 2 cents about this.

Comments

  • +2

    I'd be removing any reference to GE which is globally recognised as General Electric, not Green Engineering.

    • I will change the abbreviation back in full. Thank you.

  • Sounds like a scam to me, but we don't know what the contract says.

    Did the contract mention a partial refund was available for late cancellation?
    Did you accept the $150 partial refund offer?

    Is there any evidence they were actually going to install whatever your Dad wanted?

    • The only official paperwork we ever got from them is a single A4 size sheet. That is the contract. The front has all the standard info, such as customer details and the purchase details. The back is term and conditions. There is no mention of a partial refund for late cancellation or anything about late cancellation at all.

      Dad did accepted the partial refund offer. The rep told him that he'll take care of the paperwork but as I stated above, he never got back to us.

      Installation was for 12 solar panels $3500 altogether. There was no sign of any technicians coming to inspect the roof or house within that period of 6 weeks, no phone call, no letters.

  • +1

    From what I understand from what you wrote, a cancellation fee of 5 days would apply - not 10. Either case, it does not matter as you requested cancellation after 6 weeks. If the terms and conditions do not say anything about late cancellation, then my assumption is that it cannot be cancelled and Green Engineering can legally charge you for the whole amount as long as they start the next piece within 8 weeks.

    However, your dad tried to cancel after 6 weeks, in which case, I would say bye bye to the deposit and Green Engineering have decided not to start the work.

    If you still want to pursue this, try complaining to your states Fair Trading department.

    BTW - is this the same Green Engineering that was put NSW Fair Trading non-compliance list for being unlicenced in 2011.

    • Your comment about paying the full amount without being able to cancel is rather alarming if that's is true. Thank you for bringing that up.

      I had an inkling that the deposit is already lost but thought I would try to get it back anyway. I'm not too cut since it's not my money. Hope my dad learned his lesson. I can never leave him alone to make any big purchase decision.

      Probabaly will make a complain to fair trading if I feel the need to. Will definitely check if they are on the non-compliance list though. That's very interesting.

      • +1

        Well, they can't charge you now as they did not start the work as per their 3-8 week timeframe - so the contract is now void.

  • If you paid deposit by credit card do a charge back with your bank

    • Nah, it was cash.

      Dad is… well, I can't really describe him without sounding like a terrible son so I won't. He's just set in his own way and when that goes sour, he'll run to me for help, expecting me to Perform miracles.

      Thanks for the suggestion tho.

      • +1

        For $200 it's worth contacting consumer affairs as they may have other complaints about this mob too. If they do nothing lodge an application at ncat

        • I will look into that. I'm farmiliar with consumer affair but not NCAT. Will see how that goes. Thanks again for your suggestions.

  • The contract stated cancellation period is within 5 business day for newspaper advertising clients and 10 business days for door to door tele sale.

    Kinda irrelevant as you were informed that the job would not start until 3-8weeks, and you cancelled within the agreed timeframe but after the cooling period.

    I would say the original basis of cancellation is a "change of mind". If it has been 8 weeks and nothing had been done, I would attempt a charge back for non delivery of service, but do not mention anything about the previous attempt to cancel.

    Edit: just saw/realised you paid by cash. That probably means bye bye to the cash, unless you threaten them with ACCC/FT or sue them (not worth it).

    • Agree, I'm thinking about filing a complaint but cant really come up with Anything wih high merits. Best i can do is to tell my experience with their dodgy service. That's about it!

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