A consumer guarantee gives you a comprehensive set of rights for the products and services you purchase.
This page explains:
Under Australian Consumer Law, most products and services bought in Australia (from 1 January 2011) come with automatic consumer guarantees that the product or service you purchased will be supplied within a reasonable time, and that it will work and do what you asked for.
Products must be of acceptable quality, that is:
Businesses must provide these automatic guarantees regardless of any other warranties they give or sell you. If a business fails to meet any of these guarantees, you have the right to:
For information on your rights for products or services bought before 1 January 2011, go to the Australian Competition and Consumer Commission (ACCC) website.
The difference between a warranty and a consumer guarantee:
A consumer guarantee is an automatic right given to consumers buying a product or service. By exchanging money for the product/service, consumers are entitled to a product/service that is safe and without fault, that looks acceptable and performs as expected. If the product/service does not, consumers have a right to a repair, replacement or refund.
A warranty is a voluntary promise or commitment made by the business selling the product/service to you. When you buy the product/service, the warranty becomes a right. It operates in addition to a consumer guarantee.
Products must be of ‘acceptable quality’, that is:
‘Acceptable quality’ means what would normally be expected for the type of product and cost.
Products must also:
When delivering a service, the business must take all necessary steps to avoid loss and damage.
Businesses must guarantee products and services they sell, hire or lease for:
Business vehicles and trailers are also covered, regardless of cost, if they are used mainly to transport goods.
Consumer guarantees on products and services also apply to:
Consumer guarantees do not apply if you:
This guarantees that services will be reasonably fit for any purpose specified by the customer and that any resulting products are also fit for that purpose.
A customer asks a carpenter to build a carport to cover his 4WD vehicle, which is two metres wide. If the carpenter builds a 1.8 metre wide carport that does not cover the car, the carpenter will not have met the ‘fit for purpose’ guarantee.
Suppliers guarantee that services, and any resulting products, are of a standard expected to achieve the results that the customer said they wanted.
A customer tells her eye surgeon that she wants to be able to drive without glasses. She is assessed as suitable for laser surgery and undergoes the procedure. If her vision does not meet the standard for driving without glasses, the surgeon will not have met the ‘fit for purpose' guarantee.
This guarantee will not protect the customer if they did not rely, or it was unreasonable for them to rely, on the service provider's skill or judgement when agreeing to particular services.
It may not be reasonable for a consumer to rely on a receptionist in a large service company for advice about which service is suitable.
This guarantee does not apply to professional services provided by a qualified architect or engineer.
However, an architect or engineer who provides a service outside their area of professional expertise – for example, building services – must still meet the guarantee.
Architects or engineers must provide services with due care and skill. For more information on architects or engineers, refer to the relevant industry associations.
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The following agencies enforce provisions relating to consumer goods and services:
The Australian Securities and Investments Commission (ASIC) is responsible for financial products and services.