Introduction: Guarantees on goods and services

 

The Australian Consumer Law (ACL) creates a set of minimum standards, called consumer guarantees, that apply when a consumer buys goods or services from an Australian supplier, manufacturer or importer.

The ACL is set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) and applies from 1 January 2011. Different laws apply to goods and services purchased before 2011.

When a consumer buys goods, the supplier guarantees that:

the goods are acceptable quality;

the goods are fit for any disclosed purpose;

the goods match their description, sample or demonstration model;

the goods comply with any express warranty;

the consumer has title to the goods, undisturbed possession of the goods, and there are no undisclosed securities.

When a consumer buys goods, the manufacturer guarantees that:

the goods are acceptable quality;

the goods match their description;

the goods comply with any express warranty;

repairs and spare parts will be available for a reasonable time.

When a consumer buys services, the service provider guarantees that:

the services will be provided with due care and skill;

the services will be fit for any specified purpose;

the services will be provided within a reasonable time.

If the goods or services fail to comply with one of the consumer guarantees, the consumer may have access to a number of remedies, including repair, replacement, refund, compensation or cancellation of the contract. These remedies apply in addition to any remedy under contract or an express warranty.


NOTE

All references to legislation in this chapter refer to the ACL, unless otherwise indicated.