Consumer guarantees and warranties

Most products and services people buy or hire come with automatic consumer guarantees that they work and do what they claim to do.

A warranty is different - it is a voluntary promise to the consumer from the seller, manufacturer or supplier. Warranties are separate but they don't replace consumer guarantees.

Guarantees and warranties video - Consumer and Business Services (provided in several languages).

Consumer guarantees

Products

Consumer guarantees outline a set of rights and responsibilities for products that consumers buy.

Products must:

  • be of acceptable quality
  • match the description, sample or demonstration model
  • be fit for their intended purpose
  • come with full title and ownership
  • have no money owed on it
  • have spare parts and repair facilities available for a reasonable time after purchase (unless you were told otherwise).

These rights are valid for a 'reasonable time' depending on the quality and type of goods.

Example

Imagine someone bought a microwave oven for $400, which had 12 months warranty. After 13 months, it stopped working. The consumer has the right of repair or replacement because it's likely they expected it to last longer. If they bought a microwave for $45 and the same thing happened, the same rights might not apply. The price compared to the time the microwave was expected to last is different.

Consumer guarantees also cover larger or more expensive products such as:

  • solar power systems
  • motor vehicle parts.

Services

Consumer guarantees outline a set of rights and obligations for services that consumers buy. Services must:

  • be provided with due care and skill
  • be fit for purpose
  • be completed within a reasonable time.

These rights for services are valid for a 'reasonable time' depending on the type of service.

Example

Imagine someone bought a 12-month membership at their local gym. Two months into the contract, the gym closed down. They have the right to a refund or compensation for the remaining 10 months. If the gym closed 10 months into the contract, the same rights might not apply because they have used the gym for most of the membership time.

Consumer guarantees also cover services such as:

  • travel
  • building and maintenance
  • internet connections.

Service contracts have to be fair - contracts can't ignore or reduce your consumer rights and favour the business.

Warranties

A warranty is a promise from the seller or manufacturer. Once the consumer buys the product or service, the promise becomes a consumer right. Warranties are separate from consumer guarantees. They don't replace them.

Warranties against defects

A warranty against defects or a manufacturer's warranty is a promise that if goods or services are defective, the business will:

  • repair or replace the goods
  • resupply or fix a problem with services
  • provide compensation to the consumer.

Any written material containing such a promise could be proof of a warranty against defects, such as wording on a package or label.

A representation is only a warranty against defects if it's made at the same time as the goods or services are supplied.

A written warranty against defects must:

  • be readable and written in plain language
  • state what the business must do if goods are faulty
  • contain details of the business including name, business address, phone number, and email address
  • set out relevant claim periods and procedures
  • explain whether the business or consumer is responsible for expenses associated with a warranty claim and how the consumer can claim back any expenses incurred.

Mandatory text

The warranty must include certain text.

For the supply of goods

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

For the supply of services

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

For the supply of goods and services

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Extended warranties

Businesses offer an extended warranty to the consumer to:

  • add more time to the manufacturer's basic warranty
  • give the consumer extra cover they wouldn't usually get.

Extended warranties are always optional. Businesses should explain exactly what the extended guarantee covers that the consumer guarantee does not - in some cases the answer is 'nothing'.

Businesses must not:

  • pressure people into buying an extended warranty
  • tell people that they must pay for a right that is the same as the consumer guarantee.

Express warranties

Suppliers and manufacturers often make extra promises called express warranties. These can be spoken or in writing, and usually cover things like the quality, performance or whether servicing is available.

Example

Imagine someone buys a bed and they are told it will hold its shape for at least ten years. After six years, the bed is lumpy and sagging. The consumer has the right to have it fixed or replaced because what they were told influenced their decision to buy the bed.

Goods not covered by consumer guarantees

Consumers won't be covered by consumer guarantees for goods that are:

  • bought at one-off sales by private sellers - eg garage sales and fêtes
  • bought at auctions, where the auctioneer acts as agent for the owner
  • normally used for business and more than $40,000 was paid - eg machinery and farming equipment
  • bought to re-sell
  • used as part of a business to:
    • manufacture or produce something else - eg an ingredient
    • repair or use on other goods or fixtures.

    Chargeback - credit

    Your credit provider may authorise a credit to your (credit) account, known as a chargeback, if you have not received goods or services, or if there is a breach of a consumer guarantee.

    Contact your credit card provider to apply for a refund if you have paid for goods or services using that card, or pressed ‘credit’ when using a debit card - it doesn't matter if the business is no longer operating. There are often time limits to dispute the transaction. More information is available from the Financial Ombudsman Service Australia.

    Contact CBS

    Online: Contact CBS

    Phone: 131 882

    Post:
    GPO Box 1719
    Adelaide SA 5001


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    Page last updated 7 January 2020

    Provided by:
    Attorney-General's Department
    URL:
    https://www.sa.gov.au/topics/rights-and-law/consumer-rights/consumer-guarantees-and-warranties
    Last Updated:
    07/01/20
    Printed on:
    25/11/20
    Copyright statement:
    SA.GOV.AU is licensed under a Creative Commons Attribution 4.0 Licence. © Copyright 2020
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