ACCC explains warranty laws … again

By on 16 March 2009 in advertising, Making sense of contracts, Trade Practices Act

accc-warrantiesFor some reason, many businesses just can’t get their minds around Australia’s warranty laws.  ACCC has issued a new booklet explaining how it works, again. 

The subject has been addressed any number of times by the Commission in the past.  Despite that, serious breaches by organisations that should know better are commonplace.  In recent months, CSP Central has pointed out breaches by:

Misrepresenting consumer rights is a criminal offence under the Trade Practices Act, so business and lawyers alike would be wise to study the new ACCC guide.

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About Peter Moon

Peter Moon is a commercial lawyer with 20 years experience in the tech and telco industries.
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2 Responses to ACCC explains warranty laws … again

  1. anne neumann 24 November 2011 at 2:01 PM #

    we have been advised that specific words are to be includedon warranty cards- how would this apply if our products do not carry a warranty card but warranty statement is included in instructions for use?

    Reply
    • Peter Moon 3 February 2012 at 5:16 PM #

      Anne, ‘warranty card’ is just a shorthand reference to any document or statement that informs the customer of guarantee or warranty rights:

      A warranty against defects is a representation communicated to a consumer in connection with the supply of goods or services, at or about the time of supply, to the effect that a person will (unconditionally or on specified conditions):
      (a) repair or replace the goods or part of them; or
      (b) provide again or rectify the services or part of them; or
      (c) wholly or partly recompense the consumer;
      if the goods or services or part of them are defective, and includes any document by which such a representation is evidenced.

      So, yes … if you tell people in any other document (or on a sign, or orally) that they have those kinds of rights, the ‘magic words’ must also be included.

      Reply

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