ACL consumer guarantees

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Reference no: EM133230535

Asuka buys an expensive Eva 40" 4K computer monitor for $5,000 from JK Hi Fi Pty Ltd which she plans on using for her 3D modelling. The monitor works perfectly well but she is very unhappy the monitor is not compatible with software she developed to create her artwork. She also notices the monitor makes a strong buzzing noise and she has experienced a few (from mild to strong) electric shocks whenever she touches the monitor. Asuka returns to JK Hi Fi, demanding a refund for the Eva monitor because of the electric shocks and the monitor being incompatible with the software. The manager claims she is not entitled to a refund as she never disclosed the monitor must be compatible with her software and the electric shocks "have not killed or seriously injured anyone, so it's fine" Furthermore, a refund is only permitted on presentation of the receipt, which Asuka has misplaced.

Advise Asuka of the following using relevant law from the ACL consumer guarantees:

1. Can Asuka claim JK Hi Fi Pty Ltd has breached the ACL consumer guarantees?

2. Is Asuka entitled to a refund? In your answer, address whether the breach (if any) is a major or minor failure.

Reference no: EM133230535

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