Consumers within Australia are afforded protection in their dealings with suppliers and service providers pursuant to the Australian Consumer Law (“ACL”). The ACL prescribes a number of statutory warranties that are to apply to certain consumer contracts (eg where the product or service is for personal, domestic or household use or consumption and the purchase price is less than $40,000).
The consumer warranties require the:
- Goods supplied to correspond to any sample or model shown to the consumer;
- Goods to be of acceptable quality and be free from defect;
- Goods or services to be suitable for the intended purpose;
- Service to be performed with due care and skill;
- Service to be performed within a reasonable time if the time is not otherwise indicated within the consumer contract.
These warranties cannot be excluded from or otherwise restricted under a consumer contract, or by a company’s terms and conditions, by the supplier or service provider.
If there has been a breach of the consumer warranties, the consumer may have a cause of action before the Courts or in the NSW Civil and Administrative Tribunal for any loss suffered as a consequence of the breach. For example, a defective product that has caused property damage or injury to the consumer.
Confusion often arises with regards to the application of consumer warranties to products purchased online. The warranties will continue to apply if the products are purchased from an Australian business. Some protection may still be afforded where the products are purchased from an overseas business, or alternatively there may be protection available from another jurisdiction.
If you are in dispute about the goods or services supplied, or if you are a business requiring assistance in updating your consumer contracts to accord with the ACL, we recommend that you contact our office and arrange an appointment to see one of Competition & Trade Solicitors in our Sydney offices.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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