Australian Consumer Law Rights and Responsibilities

There are different types of guarantees that you can offer to consumers. Understand what they are and your commitments to fulfill them. Consumer rights do not apply when goods are purchased for resale or converted into a product being sold. These rules set out the circumstances in which a business is required to provide recourse to a consumer. A company`s warranty cannot override consumers` warranties. For example, if a product breaks down outside of a warranty period, it may still be covered by consumer warranties. Manufacturers and importers must also respect certain guarantees for consumers. If your business has sold a product or service to a consumer, you cannot refuse to help by sending it directly to the manufacturer or importer to remedy the situation. This also applies if the error was caused by the manufacturer.

If you are a supplier or manufacturer and you provide such a warranty, the ACL requires you to comply with this warranty. If you do not comply with a warranty, consumers have rights against you under consumer warranties. ACL offers consumers automatic warranties that apply regardless of the warranties you give or sell to consumers. An express warranty is an additional promise or representation made by the Company with respect to the goods or services provided. For example, you can claim that your table can support up to 100 kg of weight. Once an explicit warranty has been given, it is covered by the consumer`s warranties and consumers can exercise their right to repair, replace or refund the goods if they do not meet the additional promises you have made in terms of performance, condition and quality. Companies must provide these automatic warranties to consumers even if the customer does not have a warranty or extended warranty for the goods or services they purchase. ACL ensures that companies adopt fair sales practices.

This allows consumers to trust the companies they deal with. The ACCC has created a guide to help you understand your key responsibilities under the ACA when interacting with consumers affected by vulnerabilities. If a customer complains to you about a purchased good and requests a remedy, your company is legally obliged to provide the appropriate remedy in accordance with the consumer warranty provisions of the ACL. Recipients of gifts have the same rights as consumers who purchased the goods directly. If you operate a business in Australia, you are covered by the Australian Consumer Code (ACL). Whether you`re working with customers or businesses, providing services, or selling goods, you need to know how consumer protection laws affect your business. A person – or a company – is considered a consumer if: The ACL is a national law aimed at protecting consumers. The Australian Competition and Consumer Commission (ACCC), in collaboration with state and territory consumer protection authorities, jointly administers the ACL. Consumer warranties do not apply to goods or services that cost more than $40,000 and are usually used for commercial purposes (such as installing an industrial air conditioner on a factory site).

If the problem is serious or cannot be solved, the consumer can choose the following: In general, if the problem is minor, the seller can choose to solve the problem with a replacement, repair or refund. If you opt for repair and it takes too long, the consumer can ask someone else to fix the problem and ask you to pay reasonable costs, or reject the goods and get a refund or a complete replacement. If a consumer product poses a safety risk or does not comply with a mandatory safety standard or prohibition, it may be necessary to recall it. If you need to conduct a recall, the ACCC`s Consumer Product Safety Guidelines provide guidance and should be read before starting a recall. Damages include costs incurred by the consumer as a result of the problem with the product or service. This is usually financial, such as the cost of repairing carpets damaged as a result of a leaking defective washing machine, inspection and transportation. It can also involve a waste of time or productivity. If you buy a product or service to use in your business, you may be able to rely on consumer guarantees in the event of a problem.

There is no specific time when consumer guarantees no longer apply to products. They may also apply after the expiry of the manufacturer`s warranty period.