Consumer guarantees
- Businesses must meet a set of basic rights when they sell products or services.
- These basic rights are called Consumer Guarantees They are included in the Australian Consumer Law.
- Consumers automatically receive these consumer guarantees when they buy goods and services.
- It is unlawful for businesses to mislead consumers about these rights.
A product sold to a consumer must be of acceptable quality.
Acceptable quality means the product:
- is safe, durable and free from defects
- has an acceptable appearance and finish
- does everything that similar products are commonly used for.
There are no set rules for deciding whether a product is of acceptable quality, or how long a product should last for. To decide whether a product meets this expectation, consider questions like:
- What kind of product is it, and how does it compare to similar products?
- What is it made of and how was it made, and how does this compare to similar products?
- How much did it cost, and how does it compare to products of a similar price?
- What maintenance may be needed to keep the product operating?
- Did the business or manufacturer make any claims about quality, or how long the product could last for?
- Did the business warn the consumer about any defects, or warn against the product’s use in a certain manner?
- How old is the product, and how long do similar products normally last?
- Was the product sold new or second-hand?
- Has the product been used in a way it wasn’t designed for?
For more information and help in deciding whether a product may meet the ‘durable’ or ‘safe’ parts of the consumer guarantee of acceptable quality, the following guides explain these things in more detail, including examples.
https://consumer.gov.au/sites/consumer/files/inline-files/ACL-guidance-durability_0.pdf
https://consumer.gov.au/sites/consumer/files/inline-files/ACL-guidance-safe.pdf
If a business or manufacturer makes extra promises about the quality, condition, performance or characteristics of a product, they must meet these promises. This applies whether the promises are spoken or written.
These extra promises are legally known as express warranties.
Cavallo Equestrian® Wa
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