Store or manufacturer responsibility
The supplier has to provide the remedy when goods:
- are not fit for purpose
- do not have clear title
- do not have undisturbed possession
- do not have any undisclosed securities
- do not match a sample or demonstration model.
The supplier is the person or business who sold, leased or hired the goods – for example, a retailer or a trader. Note that some of the guarantees apply in a limited way when the goods are hired or leased.
The manufacturer has to provide the remedy when repairs or spare parts are not available for a reasonable time after purchase.
The manufacturer is the person or business who:
- made the goods
- put the goods together
- has their name or brand on the goods, or
- imported the goods, if the maker does not have an office in Australia.
You can claim from the manufacturer or the supplier if goods:
- are not of acceptable quality;
- do not match description; or
- do not meet any extra promises made about them (express warranties).
Whether you are entitled to a repair, replacement, refund or other ‘remedy’ depends on whether the problem is a minor or major failure.
Consumer guarantees apply to both. When goods fail to meet a consumer guarantee, you may also bring an action for consequential losses – compensation for your costs in time and money because something went wrong.
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