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View Full Version : Extended warranties vs. statutory rights



abstraction
07-04-2011, 8:44am
About to purchase a camera & thinking about extended warranties vs. consumer rights...

My expensive oven (bear with me) broke down six months after manufacturer's warranty. According to Warranties & Refunds, A Guide for Consumers and Businesses:
Statutory rights are not limited to a set time period. Instead, they apply for the amount of time
that is reasonable to expect, given the cost and quality of the item. This means a consumer may be entitled to a remedy under their statutory rights after any
manufacturer’s voluntary or extended warranty has expired.
For example, it is reasonable to expect that an expensive television should not develop a serious
fault after 13 months of normal use. In this case, the consumer could argue the item was not of
merchantable quality and ask for it to be repaired, even if the manufacturer’s voluntary warranty had expired.
http://www.accc.gov.au/content/item.phtml?itemId=322947&nodeId=0d27732a8eba631f0d2ea13ccf345092&fn=Warranties%20and%20refunds.pdf

So i contacted the manufacturer and told them in a very civilised fashion that I considered the quality of this oven meant I expected it to last longer without repair, quoted publication above, understand it is a cost to your organisation, etc. They repaired it, gratis.

Has anyone tested a camera store/manufacturer on this legislation, given the substantial investment made on some equipment?

Having said that, i probably will pick up the 5 year package with the store because it doesn't cost much, offers a free annual sensor clean and involves less argument.

By the way, the booklet above is VERY informative about where you stand on warranties and your rights. Nice to interact with a company knowing precisely what your entitlements are.

ricktas
07-04-2011, 9:57am
remember that a WARRANTY only covers 'manufacturing defects, etc'. So depending on the cause of the breakdown, the Warranty will/will not cover it. So often we see people complaining about warranty issues when the fault is not related to the manufacting of the item, rather caused by the use/misuse/mishandling by the owner. People seem to confuse warranty and insurance quite regularly.

jared
19-04-2011, 11:03am
I too am about to purchase a camera and am wondering the same thing. I understand the whole 'I believe it should of lasted longer as I believed it was better quality' but would a company actually say okay we will fix it free of charge. How much of a hassle is it to go through the ACCC or whatever government department if the company is to refuse to repair it

Kym
19-04-2011, 1:21pm
The new ACL came into effect this year. http://www.ocba.sa.gov.au/acl/index.html

http://www.consumerlaw.gov.au/content/Content.aspx?doc=home.htm

http://www.consumerlaw.gov.au/content/Content.aspx?doc=fact_sheets/shops.htm

Know your rights when you go shopping

From 1 January 2011, all Australian shoppers will have the same rights under the Australian Consumer Law.

By knowing your rights you can make informed choices and demand quality products and services.

Honesty and fairness

Businesses must not make false, misleading or deceptive claims about a product or service.

No product can be advertised if it cannot be supplied.

You are entitled not to be harassed or coerced by any retailer, service provider or their agent.


Information

You are entitled to a receipt upon request.

You are entitled to pay the lowest price if more than one price is displayed.

You are entitled to see the total price, inclusive of any additional fees, charges or taxes.


Quality products and services

All products must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model.

All services must be delivered with care and skill.

Businesses must honour all guarantees, including express and extended warranties.


Clear contracts

You are entitled to receive a standard form consumer contract that has no unfair terms.

You are entitled to a lay-by agreement that is clearly written and easy to read. You also have the right to cancel a lay-by agreement if you wish, which may be subject to a fee.


http://www.consumerlaw.gov.au/content/fact_sheets/_downloads/fact_sheet_the_shops.pdf

ricktas
19-04-2011, 7:38pm
Quality products and services

All products must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model.

Wonder if anyone has sued McDonalds, KFC etc, for the product not matching samples or demonstrations (their photos on their boards in store, or the ads on tv etc).

Kym
19-04-2011, 10:56pm
Wonder if anyone has sued McDonalds, KFC etc, for the product not matching samples or demonstrations (their photos on their boards in store, or the ads on tv etc).

I reckon under the new laws they may have a case ;)