Have you ever purchased goods that broke too easily, didn’t work or don’t perform as generally expected?
Have you ever engaged a person or group for services, where the end product did not meet your expectations?
You may have rights under the Australian Consumer Law (ACL) to protect your interests.
The ACL creates a set of minimum standards, referred to as consumer guarantees, that apply when a consumer buys goods or services from an Australian supplier, manufacturer and importer. The term “goods” is defined broadly, to the extent that it includes second-hand goods.
As a consumer, you are covered by the law if the goods or services you purchase cost less than $40,000. If the goods or services cost more than $40,000 but are normally used for personal, domestic or household purposes, the guarantees will still apply. Further, if you received the goods or services as a gift, you have the same rights as the person who purchased them.
There are 9 consumer guarantees for goods:
Acceptable quality – goods are deemed to be of acceptable quality if they are safe, durable and free from defects; are acceptable in appearance and finish; and do everything they are commonly used for.
Fit for particular purpose – if you make known to the supplier the purpose for the goods, then the good must be reasonably fit for that purpose.
Match description – any verbal or written description of a product must be accurate.
Goods must match any sample or demonstration model – goods must correspond to a sample or demonstration model in quality, state or condition.
Spare parts and repairs – it is a guarantee that when you purchase a product, manufacturers will take reasonable action to ensure repair facilities and spare parts for a reasonable period after purchase.
Express warranties – a seller or manufacturer must comply with any additional warranties given, verbally or written, about the condition, performance or characteristics of the goods. Common examples of such warranties include lifetime or money-back guarantees.
Title to goods – there is a guarantee that when you buy goods, the ownership rights are passed to you. This guarantee also applies to private transactions.
Undisturbed possession of goods – there is a guarantee that no one will try to repossess the product you buy. This guarantee also applies to private transactions.
Undisclosed securities – the good will be free of any securities, charges or encumbrances. In the event that there are any, they must be disclosed when purchased.
For services, there are 3 consumer guarantees:
AcDue skill and attention – the service provider guarantees that the all services will be carried out using an acceptable level of skill and technical knowledge, and take necessary care to avoid loss or damage.
Fit for particular purpose – the service provider guarantees that the resulting product of services will be reasonably fit for any purpose the consumer made known to the supplier.
Supplied within a reasonable time – where a time period is not agreed upon or fixed, suppliers guarantee that the service will be provided within a reasonable time.
If goods or services fail to comply with any of the above consumer guarantees you may seek remedy from the supplier, manufacturer or both, depending on the circumstances. There are a range of remedies available, including: repair, replacement, refund, compensation, and termination of the contract (if applicable).
If you have any queries, please do not hesitate to contact us on 03 9670 4033 or via email on email@example.com
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