Suppose you’ve just made a major purchase such as the latest large screen TV, computer or mobile phone. After a few days or weeks it doesn’t work properly. You immediately return to the retailer and they tell you to take it up with the manufacturer who usually deals with such problems. What are your rights in such a situation?
Under the Australian Consumer Law consumers are protected by consumer guarantees which must be given by both a supplier and a manufacturer such as the goods must be of acceptable quality meaning they will be safe, lasting, with no faults and will do the things expected of them.
Always remember that a supplier (retailer) can never refuse to help you by trying to send you on to the manufacturer. Your rights are equally against the supplier and the manufacturer.
If the product purchased by you suffers from a major failure (i.e. it is substantially unfit for the purpose it is commonly supplied and cannot be remedied within a reasonable time) you can reject the goods and obtain a refund or a replacement. Please note that you cannot reject the product if the retailer is able to repair it within a reasonable time.
If the product suffers from a minor failure you can require the supplier to repair it within a reasonable time. If it refuses or fails to do so then you can either choose to fix it yourself and recover the cost from the supplier or you may even be able to reject the product and get a refund or a replacement.
You have similar rights against the manufacturer of the product but it will usually be more convenient to deal with the retailer. And don’t be put off!
Every case will depend on its own facts and it is important to apply your rights carefully and correctly in the circumstances.
February 2020