Posted by: Glenn Ferguson | Date: 23 March 2020
In Australia a consumer is protected when they purchase any goods and services by the Trade Practices Act 1974 (Act).
A consumer is a person or corporation who acquires:
A person or business that acquires goods in order to on-sell them or to make a profit is not a consumer.
The Australian Competition and Consumer Commission (ACCC) enforces the Act and can:
All contracts for goods protect consumers by including a number of statutory conditions and statutory warranties.
The statutory conditions require that:
The statutory warranties require that:
All contracts for services contain a number of statutory warranties that require that:
If goods do not meet a statutory condition or warranty and the contract is breached a consumer can be entitled to:
It should be noted that remedies are not limited to a set time and can be available to a consumer even after a manufacturers voluntary extended warranty expires.
The Act also give the consumer the right to pursue the manufacturer and importer of the goods.
Where the dispute relates to services a consumer can:
It is against the law for a seller to do anything that leads consumers to believe their rights are limited, or do not apply – for example, by claiming that no refunds will be given under any circumstances.
Any misleading claims a business makes about a consumer’s statutory rights are invalid and do not affect a consumer’s right to obtain a remedy for a breach of a statutory condition or warranty.
The ACCC has the ability to take court action against sellers for misleading consumer and impose fines of $1.1 million for businesses and $220,000 for individuals.
At FC Lawyers we have advised consumers, businesses large and small relating to their obligations.
If you need an obligation free quote to discuss any issues with Warranties and Refunds, please don’t hesitate to contact us.