A product you bought fails, develops a fault or just does not do what its supposed to do and it is just out of warranty. So you throw it away and bi a new one because it is going to cost more to get it repaired than the cost of the new one. This is sometimes called planed obsolescence.

If you carefully read the warranty documents that come with products, it should have wording that said:

“Our goods come with the guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable foreseable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure”.

This is what is sometimes known as a statutory warranty. That is the warranty that the Australian legal system gives ALL consumers.

Usually the manufacturers warranty documents, as distinct from these statutory warranty, then goes on to list a whole lot of exclusions and specifically sais there is a time limit on the warranty. 1,2 3 years or whatever.

If you read the material on the Australian competition and consumer commission (ACCC) web site in relation to Australian consumer law (ACL)

https://www.accc.gov.au/consumers

you will see there is no time limit on statutory warranties.

Rather the Australian consumer law sais that consumer rights continue for a reasonable time depending on the product or service.

In a popup on the ACCC web site reasonable is defined as:

“What most people would think is fair in the circumstances”

My take on what I feel is fair is based on my past experiences. If I previously had a product that lasted a certain time, without being informed otherwise, I expect a new product to last the same length of time. Perhaps with a bit of of an adjustment, because of planned obsolescence.

If my last toaster lasted 20 years I would expect a new toaster to last 15 years. I never ask sales people how long a product will last, because, inevitably, it'll be less time than my expectations.

If a sales person does tell you how long a product will last, then you cannot make a legal claim under Australian consumer law if it has lasted longer than that time. Thats why you should not ask.

Whenever, in the numerous times I have made claims under statutory warranties, I express how long I feel the product should have lasted, the retailers alway revert to the manufacturers warranty time limit, inferring that that is a reasonable time

But my argument is that if I had known the product would have only lasted for the manufacturers warranty time, I would never have bought it. Many products only have a one year manufacturers warranty, yet it I expect them to last a lot longer than one year, as most people would.

Remember the text on the ACCC web site specificly states “What MOST people would think is fair in the circumstances”

The Australian consumer law has been in place since at least 2011. Yet many people do not know it exists. Many retail employee don't know that it exists and will used the defence against a statutory warranty claim, that the product is out of warranty, when it fact it is not.

Because I know my consumer rights, and use them, I most likely make more statutory warranty claims than the average person.

In making claims, I have found that many retailers will deny claims three times before they accept it. Yet legally they are not allow to do that.

From the ACCC web site:

“It is unlawful for businesses to mislead consumers about these rights.”

I get the impression that a number of businesses do a risk assessment and decide that the chances of them being fined for infringing Australian Consumer law is worth the risk.

In some situations a retailer will say because it is a manufacturer's warranty you have to return the goods to the manufacturer or they have to return it to the manufacturer for assessment or repair. Other than you don't have a contract with the manufacturer, it is the retailer that has to provide the statutory warranty. Although the retailer has the right to assess if our product is faulty, They have to do this within a REASONABLE amount of time. If they don't do so it is regarded as a major fault in which case you're entitled to a refund or a replacement.

Considering what were previously covered you may want to consider what the benefit may be of extended Warranties.

The ACCC state on ther website that you should ask retailers what benefit would I get from a extended warranty, that has to be paid for, that I would not get with the statutory warranty that cost nothing extra.

There is no need for extended warranties.

If you read carefully the wording of extended warranties you will see that they only apply after the manufacturers warranty has already has expired and then only apply until you make a claim. After which it comes to an end. You have to then bi another extended warranty . They are basically not a warranty but an insurance policy that expires when a claim is made.

I had a laptop that was about four years old that the power supply failed. I took it back to MSY and asked that the power supply be replaced under the statutory warranty. The person said it was out of warranty to which I said I'm not claiming under the manufacturers warranty I'm claiming under the statutory warranty. She said what is that. I explained it to her. She went and disgus it with somebody else and came back and said they will arrange to get another power supply, which I later got, at no cost to me.

Probably happened because MSY had previously been fined multiple times by the ACCC for misleading consumers

Whilst outside the Kogan Warranty a crack developed in the steering stem of my e-bike. Initially Kogan said it was not covered under warranty. I said I ways claiming under the statutory warranty. Kogan said it was fair ware and tair. To which I said that my previous bike was over 70 years old so I expected this new bike to a last at least 20 years and additionally it was a safety issue. Kogan then paid for the repair.

The repair failed and Kogan again said the same things they previously said. I repeated what I had previously said and another Kogan person sent me a replacement bike.

That bikes electrics failed and Kogan sent me a third bike. After a few months it's battery had reduced to about 10% of its initial range.

Yet Kogan started the bike was not under warranty and that because they had had replaced it, that relished there consumer protection responsibilities.

Went back and forth a few times and they eventually sent me a new battery.

That battery eventually failed completely. No power at all. By this time they knew who they were dealing with. They said they did not have a replacement battery but would give me a refund less the cost of previous supplied parts and repairs. I said no. They eventually offered me a full price refund. As I wanted to keep the bike I said I wanted it repaired. They sent someone out to check it, and that person arrived with a replacement battery.

The steering stem cracked again. 3rd time. Then the packrack snapped off. I got them repaired myself and climed for the repair on Kogan. At this point in time the matter is still open. Since then the packrack has broken at a different place.

I had suggested to Kogan that a safety recall should be put on that model bike. They disagree.

As part of a service my local mechanic at my request, put a new battery in our car. After about 2 1/2 years the battery failed. Fortunately I was able to temporarily use a another battery I had from our caravan. I asked the mechanic how long the battery usually last because my previous ones had lasted well beyond two years. He said between 6 month to 5 years but the manufacturers warranty was 2 years.

Based on that I asked him for a new battery. He contact the manufacturer and they supplied a new battery at no cost to me.

Apparently battery manufacturers have or used to have, prorata warranties. There is no pro rata in statutory warranty. In the case of failure you are entitled to a full replacement or refund.

About 5 years ago I bought a inexpensive 5“ tablet from office works. A few years later it failed. Even though it was out of manufacturers warranty they gave me a full refund. I used the refund money to bi a 10” tablet. After about 3 years it failed. Based on my investigations on the internet a tablet computer should last about 5 years. Based on that and my previous experience I asked for a refund or replacement. But the people at Officeworks stated that because they were not technical people they would have to send the tablet back to the manufacturer for it to be assessed as to what the problem was. That was going to take between four and six weeks. As I new the legislation, I started that, that was an unreasonable time for an assessment and in that case that would mean it's a major failure which means that I was entitled to a replacement or refund. They disagreed. As I was dealing with the store manager, I asked what was the next level of authority and they gave me a number to ring. I rang that number and the person agreed that four to six works was to long a period, but said I should go back to the store. In the meantime the store rang me and said they would givr from me a full refund. Which I got.

About 4 1/2 years ago I bought an electric ride on mower from Bunnings.

Recently it stopped working and with some investigation I discovered that it was one of the four lead acid batteries that had failed.

I took the battery back to Bunnings and asked for a replacement. As the mower only had a three-year warranty they said it was out of warranty.

Per usual I said I'm claiming on the statutory warranty. And as per usual they said what was is that. In the meantime they had rung the manufacturer and the manufacturer said it was out of waranty and they could not offer anything. They asked me to speak to the manufacturer which I refused as I said I don't have a contract with the manufacturer and it's up to Bunnings to supply the statutory warranty.

Eventually someone of a higher authority in Bunnings arrived. I asked her if they were aware of the statutory warranty which she said she was. But she said because it was a battery it would not be covered under warranty, as is the situations with car batteries. As I have often had to say in these situations I was not claiming under the manufacturers warranty, but the statutory warranty which has no restrictions about batteries. Also that being a electric mower that without the battery it would not work at all therefore it was not fit for purpose, that being to mow grass. I also started that because my previous mower had lasted ten years I expected this one to last 10 years.

She then said they will supply a new battery this time only, as a gesture of goodwill. I asked her if she was trained to use those words, as other organisations I had dealt with had also used the term “gesture of good will” She said she would not comment about that.

I said I will accept the replacement battery as Bunnings meeting their obligation under the Australian consumer laws, but not as a gesture of goodwill. What I did not say is I will be going back when the other batteries fail, if it's less than 10 years.

Not quite a warranty issue but similar.

Quite some time ago I had a contract with three mobile to use certain amount of mobile data per month.

Just before the end of the monthly period I would then use it up before it expired. But when receiving the monthly bill I would often get charged for excess data usage. 3 stated ther usage murder was up to four days behind and that's why I was getting the extra charges

I refused to pay the excess, and asked them to reverse those charges.

They would initially say no. I would again ask them to reverse the charges. They would then offer to have the excess charges halved, which I gain said no to. Then I would say I would take it to the communications industry ombudsman. Then they reversed those charges completely.

This happened practically every month for 18 months.

Fortunately I am retired and have the time to follow up on these things. I appreciate that many people don't have the time or could not be bothered going what I go through.

The choice magazine on ther website have some very good articles about consumer law and it includes some templates for telephone conversations or emails when dealing with people in relation to these issues.

The ACCC web site explains what they do and dont do

One of the things they don't do is:

“We don’t resolve individual disputes about whether the consumer guarantees have been met or the remedy.”

BUT, it is well worth while referring to the ACCC when you are having difficulty getting an organization to meet ther legal requirements.

And even though they can't help with individual disputes it is also worthwhile letting them no, that an organization is infringing consumer rights, so that they can accumulate evidence to be able to take court action and fine some of these organizations.

In the past multi million dollar fines have been made against some large organizations like Telstra and in the future possibly Qantas.

I don't particularly like planned obsolescence. Organisations deliberately make things so that they break down and are unusable, simply so that they can sell more product. It is a waste of valuable resources.

One of the benefits of Australian consumer law, is that it reduces this happening. But only if people know about and us the Australian consumer laws.

1. If a product fails, ignore manufacturers and retail warranties and time limits, as they give you LESS than Australian consumer law.

2. Don't buy an extended warranty unless it gives you MORE than is provided in Australian Consumer Law

3. Unless you have been told otherwise, when you bought it, the product should last as long as you expected it to

4. Take the product back to who you bought it from and ask for a refund, replacement or repair.

5. If they refused, refer to Australian consumer law, mention the ACCC and ask a second and if necessary third time. Don't accept proratas or gestures of goodwill.

6. If they refuse, report then to the ACCC

If you have any questions about any of this, contact me, by writing a comment or at my email address:

geoffreykgreig@gmail.com

None of any of this should be regarded as legal advice.