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Warranties

Information on statutory and manufacturers' warranties

Statutory warranties

Statutory (or implied) warranties represent the protection offered by law, such as under Western Australia's Fair Trading Act 1987.

This protection means that any goods you buy must:

  • be free of any 'encumbrance' (e.g. no money is owing on them; no-one else has a claim on them) other than any that you are advised of at the time of the sale;
  • correspond with the description you are given; and
  • be of 'merchantable' quality and 'fit for the purpose' - which means they must be in good repair and able to be used for the purpose for which they were sold.

Any problems that arise under a statutory warranty must be dealt with by the seller.

Statutory warranties do not apply to goods bought at auction. The seller is only obliged to provide 'clear title' (i.e. no 'encumbrances') on such goods.

The Fair Trading Act 1987 also protects you in relation to any services you buy (e.g. washing machine repairs).

Services must be provided with 'due care and skill', and any materials used in the job must be reasonably 'fit for the purpose'.

Businesses selling goods or services cannot exclude such conditions and warranties from a contract or limit them in any way.

Nor can they make any false or misleading representations about warranties, conditions, rights or remedies.

Manufacturers' warranties

Manufacturers' warranties, also known as 'express' warranties, are those which a manufacturer chooses to offer.

However, as a general rule, once such promises are offered, they must be met.

Problems that arise under a manufacturer's warranty might be dealt with by the retail outlet, or more likely an agent of the manufacturer.

Extended warranties

Extended warranties are warranties you can pay for where there is no voluntary manufacturer's warranty, or where you want to buy an extension to an existing voluntary warranty.

You should carefully weigh up the value of extended warranties and, in particular, check to see they are not simply doubling up on the 'statutory' warranty that already protects you.