When goods fail to meet a consumer guarantee, you have the right to a ‘remedy’ - an attempt to put the situation right.
Common remedies include repair, replacement, or to take action against the supplier for refund, compensation or damages.
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 demonstration model.
The supplier is the person or business who sold, leased or hired the goods – for example, a retailer or a trader.
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
- 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:
- major failure
- minor 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.
For more information, view our Damages and compensation – fair trading page.
For information about who is responsible when something goes wrong with a service, view our Responsibility for fixing problems with services page.
Last updated: 05/05/2013