What are my Rights With Warranties & Refunds?
The Trade Practices Act states that services must be carried out with due care and skill. Implied warranty means that the material used in connection with the services will be fit for the purpose for which they are supplied. As a consumer, you have a responsibility to ensure that you have made it quite clear to the service provider what it is you want done.
Under the Act the consumer is entitled to expect to enjoy quiet possession of the goods and to own the goods outright, subject to lawful restrictions made known to the consumer before purchase.
Under the Act the consumer is entitled to expect to enjoy quiet possession of the goods and to own the goods outright, subject to lawful restrictions made known to the consumer before purchase.
As a consumer, goods that you purchase must:
| Be of merchantable quality-goods have to meet a basic level of quality and performance given the price and description of the goods |
| Be fit for the purpose-goods must do the job you made clear to the supplier you wanted them to do or that are implied from the circumstances in which you purchased the goods |
| Match the description or sample given to you before purchase, whether through a catalogue, labelling, packaging, on a website or in person. |
If you find that the conditions or warranties have not been met, you can then take some action. If you have a problem with goods or services, you should stop using the goods and contact the seller or the service provider as soon as you can and explain the problem.
If you believe that one of these conditions or warranties has not been met, you have a choice of possible actions that may be available depending on the circumstances. You can ask for the goods to be replaced or get a refund if the item has broken under normal use and is still under warranty. If the service is not carried out to your satisfaction, you can ask for the service to be carried out again at no charge to you. Just remember sellers are not required to provide you with a refund if you have simply changed your mind or you find a similar product cheaper somewhere else. The item must have broken or not be working under normal conditions of use.
For example: You have just bought a blender and have been using it every morning for the past 13 days to blend liquids for about 2 minutes each day. On the fourteenth day you put the same liquids into the blender and turn it on and it stops working after about 30 seconds of use. At this stage you would contact the seller and tell them exactly what happened. However, if the blender had been used for anything it was not designed for then you would not have any warranty claim.
Sometimes businesses provide a voluntary warranty. As examples, you may be offered a three-year warranty for a car, or a one-year one for a blender.
These are provided voluntarily by the seller and generally provide a higher level of customer service when problems arise after the sale. The Trade Practices Act does not require any business to provide a voluntary warranty. However, sellers are legally obliged to stand-by their voluntary warranties, once put in place.
The general rule is that if promises are made, they must be kept.
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