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Under the Australian Consumer Law, when you buy products and services they come with automatic guarantees that they will work and do what you asked for. If you buy something and the Supplier fails to deliver any of the following guarantees, you may be entitled to a replacement, repair, refund or other remedy.
These Consumer guarantees do not apply if you:
For more information on how to make a claim if you think a Supplier of goods or services that you have purchased has breached any of these guarantees you can visit this site.
|S 51 Guarantee as to title||The person who supplies you the goods guarantees that they have the legal right to pass the ownership of the goods to you. This does not apply if you are leasing or hiring something|
|S 52 Guarantee as to undisturbed possession||The person who supplies you the goods guarantees that you can have possession of the goods uninterrupted by anyone else (unless they tell you otherwise before you agree to the purchase).|
|S 53 Guarantee as to undisclosed securities||The person who supplies you the goods guarantees that no one else has any legal interest in the goods unless they tell you that there is such an interest in writing before you agree to the purchase.|
|S 54 Guarantee as to acceptable quality||The person who supplies you the goods guarantees that the goods are of acceptable quality. Goods will be of an acceptable quality if they are:
The standard of whether a good is of acceptable quality will change depending on what the good is. For example, a $5 plastic chair will not be judged by the same standard as a $200 luxury wooden chair.
This guarantee does not apply if:
|S 55 Guarantee as to fitness for any disclosed purpose etc.||If a supplier tells you or makes it obvious to you that the goods are able to be used for a certain purpose, they guarantee that the goods will be able to be used for that purpose.
Similarly, if you tell or make obvious to a supplier that you are purchasing the goods to be able to use the goods for something in particular and the goods are not able to be used for that, you have consumer rights to protect you.
|S 56 Guarantee relating to the supply of goods by description||Goods sold with a particular description must match that description.|
|S 57 Guarantees relating to the supply of goods by sample or demonstration model||If you buy goods by reference to a sample or a demonstration model of that good, the quality and condition of the goods must match the sample or demonstration model.|
|S 58 Guarantee as to repairs and spare parts||If you buy goods that require repairs or spare parts, the manufacturer of the goods must guarantee that they will make repairs and spare parts available for a reasonable period after you buy the goods.|
|S 59 Guarantee as to express warranties||If the manufacturer or supplier makes a promise with respect to the goods (for example, that it will last 3 years), the manufacturer or supplier must guarantee that promise.|
|S 60 Guarantee as to due care and skill||If someone provides a service to you (for example, repairing your sink and plumbing), they must do so with care and skill.|
|S 61 Guarantees as to fitness for a particular purpose etc.||If someone provides you a service and you tell them that you are buying that service for a particular purpose, they guarantee that the service will reasonably serve that purpose you have told them.|
|S 62 Guarantee as to reasonable time for supply||If you have arranged to have a service provided to you but have not agreed on when it should be provided by, the service must be provided within a reasonable period.|
A supplier means someone who has provided you a service or supplied you a good (this includes through a sale, exchange, lease or hire).
Suppliers cannot “contract out” of these consumer guarantees. This means that they can’t say in the fine print that they do not apply to your purchase.
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