Product Liability
4. Product Guarantees
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Aug 2015
- Under the Australian Consumer Law there are 9 guarantees that apply to products.
- A supplier must guarantee that the product is of acceptable quality.
- A supplier must guarantee that the product is fit for its stated or obvious purpose.
- A supplier or manufacturer must guarantee that the description of the products is accurate.
- A supplier must guarantee that products are the same as any sample or demonstration model.
- A supplier and manufacturer must guarantee that the products will be suitable for any additional promises made about them to the consumer such as through an express warranty.
- A supplier must guarantee clear title for the consumer.
- A supplier must guarantee that the products will not be taken pack or repossessed after purchase.
- A supplier must guarantee that the products are free of any hidden charges.
- A manufacturer or importer must guarantee that they will attempt to provide repair services and make spare parts available for a reasonable time after the products have been purchased.
- If the manufacturer or supplier is in breach of any of these guarantees then a consumer may have rights to compensation under the Australian Consumer Law. Who you lodge your claim against depends on who is required to give the guarantee. This will be either the supplier, the manufacturer or both. In some cases the importer may be substituted for the manufacturer.
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