Dispute Resolution Services
In every business, problems can arise from time to time between businesses, their customers, suppliers, partners and employees. Most can be resolved quickly and efficiently with a common sense approach.
To maximise the chances of a successful dispute resolution with a customer you need to:
- listen to your customers (put yourself in their position)
- ask for documentary evidence to verify the facts
- understand your legal obligations - consult relevant laws and regulations
- negotiate face to face in a calm and professional manner
- if you reach a stalemate, refer back to your state fair trading agency.
Each fair trading agency can provide information to suppliers, retailers and consumers to help resolve marketplace disputes. If you're unable to reach agreement, lodging a complaint through them is the next step - they can act as an informal negotiator.
When a dispute is unable to be resolved, you can either seek legal advice or lodge a claim with the relevant state or territory authority. Click here for links.
The AWA, as a peak industry association, offers three levels of support to industry and the consumer to aid in effective and efficient resolution of disputes regarding windows and their installation.
OPTION 1: DISPUTE RESOLUTION
The Australian Window Association endeavours to resolve disputes with AWA members so that both parties may come to a mutually fair agreement.
This service is offered prior to other means of resolution: i.e. An Independent Inspection (conducted via the AWA) or the services of other organisations such as the Department of Fair Trading or state and territory Building Commissions and Dispute Tribunals.
On receipt of a completed Dispute Resolution form, the AWA will contact the AWA member and investigate the problem and recommend to both parties the best way forward.
Approval to proceed with this mediation service is at the discretion of the AWA Executive Director, AWA Board of Directors or AWA Communications & Marketing Manager.
Note: This service is free of charge and available only for mediation with current financial AWA members.
OPTION 2: INDEPENDENT ADVICE REPORT
An Advice Report provides independent expert advice from an AWA authorised expert about any quality or performance related item or items of your concern, including design, construction, fabrication, installation or maintenance matters in regard to windows, doors and glazed elements.
What is included in this Report?
Where this relates to a defect or problem with the window, door or glazed element, the expert will, where appropriate:
- Investigate and advise on the cause of the defect;
- Provide advice on the repair or maintenance of the defect;
- Recommend the appropriate trades, profession or technical expert to undertake further investigation and/or repair or rectification.
Where the matter relates to design, the expert will, where appropriate:
- Provide an assessment of the design issues
- Provide a conceptual design solution.
What is not recorded in this Report?
The Report will not contain advice on any matters beyond the scope of the advice sought.
- The Report is based on a visual inspection of reasonably accessible parts of the windows and doors and does not cover enquiries of councils or other authorities.
- The Report does not disclose defects in inaccessible areas, that are not reasonably visible, or which may be apparent in other weather conditions or defects which have not yet arisen.
- It is not a certificate of compliance for the windows, doors or glazed elements within the requirements of any Act, regulation, ordinance or local by-law.
Cost: Non Members $495.00 ($44.55 GST included)
Members Price On Application
Covers up to 2 hours of experts time and includes consultation and report writing. An additional hourly charge is payable for report exceeding this time.
Approval to proceed with this mediation service is at the discretion of the AWA Executive Director, AWA Technical Manager, WERS Manager or AWA Communications & Marketing Manager.
OPTION 3: INDEPENDENT INSPECTION
The AWA offers a full inspection service through its independent third party accredited auditors or AWA accredited industry experts. This service is suited to tribunal hearings, court proceedings and disputes when a comprehensive formal process and documentation is vital. You must complete a detailed form before proceeding in order for us to determine whether this is feasible for us and who we should use. Approval to proceed with an inspection of this type is at the sole discretion of the AWA Executive Director.
Onsite inspection includes:
- Labels or certification verification
- Fabrication of windows and/or doors
- Installation of windows and/or doors
- Water penetration
- Building in detail
- Inspection details
- Causal problem identification
- Rectification recommendations
Cost: $160.00 ($14.50 GST included) per hour including travel and report writing time
Deposit: A deposit of $800 ($72 GST included) is required prior to the inspection