In a recent court case, Mazda was found to have breached Australian consumer law because they gave customers the run-around by refusing to refund or replace their faulty cars.
In Australia, the products we buy are required to meet these seven consumer guarantees:
1. Be of acceptable quality
The product must be safe, durable and free from defects. It must have an acceptable appearance and finish and do what similar products commonly do.
2. Be fit for purpose
If you order a product based on a particular need or purpose, and it’s supplied to you on that basis, the product must fulfil that need or purpose.
3. Match the description
The way the business describes the product must be accurate and match the product.
4. Match the sample or demonstration model
If the product was demonstrated to you, or you received a sample, the final product must match that demonstration or sample.
5. Meet any extra promises
If a business makes extra promises, they must keep them.
6. Be repairable
The business must provide spare parts or repair facilities for a reasonable time after purchase.
However, the business can sell a product that can’t be repaired or that doesn’t have spare parts available, if it explicitly stipulates those exceptions and tells you before you buy the product.
7. Be fully transferable
The business must give you full ownership and not try to reclaim it. If the business doesn’t have full ownership, they must tell you that before you buy the product.
Blaine Hattie is a business lawyer and principal at Sutton Laurence King Lawyers.
Need expert advice on commercial law in Victoria? Contact Sutton Laurence King Lawyers today on 03 9070 9810 or info@slklawyers.com.au.