Product Warranty Information
As an individual business, you can't deny a consumer's right to guarantees. For example, a consumer is entitled to a remedy if a good doesn't match the description given to them prior to purchase.
- Note: This right applies regardless of whether the supplier has a 'buyer beware' clause in their sales terms and conditions.
The Australian Consumer Law does not prevent businesses from giving consumers extra warranties in addition to the statutory consumer guarantees.
Giving additional warranties
Some businesses choose to give consumers warranties in addition to their statutory consumer guarantees. For example, in relation to defective goods, some businesses warrant that they will:
- repair or replace the goods (or part of them);
- resupply or fix a problem with services (or part of them); or
- provide compensation to the consumer.
When a business gives a consumer a warranty in addition to their statutory consumer guarantees, this is called a 'voluntary warranty' or a 'warranty against defects'.
What are the obligations in relation to warranties against defects?
Businesses that choose to provide a warranty against defects must provide a document containing information about the warranty to the consumer.
This document can be in the form of the sales receipt, packaging or pamphlet. The information about the warranty must be expressed in reasonably plain language, be legible and presented clearly, either at the time the good or service is supplied or another time as specified in the warranty (e.g. on delivery of the good).
- What the business must do if the goods are faulty or defective (e.g. repair or replace the goods);
- What the consumer must do to claim under the warranty (e.g. not to misuse the goods);
- The following information about the business giving the warranty:
- Business name,
- Business address,
- Business telephone number, and
- Business email address (if any);
- The warranty period (e.g. how long the warranty lasts);
- The process of making a claim under the warranty (e.g. how to contact the supplier and where to send the claim);
- Whether the supplier or the consumer are responsible for expenses associated with a warranty claim and how the consumer can claim back any expenses incurred;
- That the benefits provided to the consumer by the warranty are in addition to the other rights and remedies available to the consumer under the law; and
- The following text must be included on the document:
"Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
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