Consider the situation of Jacob, one day he goes to put his phone on charge. When he does this, the phone suddenly turns off. It then takes about an hour to turn back on and when he finally gets it back on, he is only able to use it for about 10 seconds before the phone shuts down again. This happens repeatedly.
In a situation like the above, it is evident that the phone is malfunctioning. When this happens what rights do you have? Normally, you would try and remember if the product had a regular or extended warranty. Unfortunately, these warranties are a personal agreement between you and the seller/manufacturer that, if a certain type of damage occurs, the seller/manufacturer will repair your product. In reality, you are regularly told that the warranties don’t apply to your situation.
Fortunately, you have another potential remedy source via the Australian Consumer Law’s Consumer Guarantees. These guarantees cannot be excluded by contract and often represent your strongest source of rights. While the most commonly relied upon guarantees are those requiring the goods to be of an acceptable quality and to be fit for a particular purpose, there are many other guarantees available. If you can prove that these guarantees apply, you may be entitled to having the goods repaired, replaced or receive a refund for them. Similar guarantees also apply to services provided.
In a small matter like Jacob’s phone, he can probably make contact with the supplier and manufacturer directly to assert the consumer guarantees. However, for more complex and larger value matters, it is recommended that you seek specialist advice. At McNamara Law we can assist in asserting your rights under the Australian Consumer Law and protecting your interests. Contact the McNamara Law team on 1300 285 888 if you need any assistance today.
