Friday, 12 January 2018

Consumer Law – Manufacturer’s Warranties

A warranty is a promise offered by a person or entity (supplier/manufacturer) which sold a consumer a good or service.

The Australian Consumer Law (ACL) includes certain consumer guarantees for the goods and services that consumers purchase.

Warranties are separate from the consumer guarantees under the ACL.

This means, for example, even if the goods you purchased were under a warranty (depending on the circumstances) the consumer guarantees can continue to apply after the warranty period has expired.

The ACL also contains a provision that the goods that you purchase will satisfy any extra promises made about them. That is, if a warranty is provided by a supplier, for example, about the quality, state, condition, performance or characteristics of certain goods and if the supplier then fails to comply with the warranty, this would be a breach of the ACL.

In addition, if a supplier provides say a warranty against defects but then fails to comply with that warranty, apart from the consumer having a cause of action under the ACL, the consumer may also have a cause of action for breach of contract.

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Disclaimer

The material provided in this document is for general information only and is not to be relied upon as advice. No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person or organisation acting or relying on this information or anything omitted from it.


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