Whenever you purchase goods or services as a consumer, there are built-in guarantees designed to protect you. These guarantees apply regardless of any written contract or terms and conditions applying to the transaction.

A person, or a business, will be considered a consumer if:

  • they purchase goods or services that cost less than $40,000; or
  • the goods or services cost more than $40,000, but they are of a kind ordinarily acquired for domestic, household or personal use or consumption.

The guarantees require that goods purchased:

  • be of acceptable quality – safe, lasting, no faults, look acceptable;
  • be reasonably fit for the purpose that the business told you it would be fit for or a purpose you made known to the business prior to purchasing;
  • are accurately described;
  • match any sample or demonstration model;
  • satisfy any express warranty;
  • have a clear title and come with undisturbed possession;
  • are free from any hidden securities or charges;
  • have spare parts and repair facilities reasonably available for a reasonable period of time.

They also require that any services:

  • be provided with due care and skill;
  • be fit for any specified purpose (express or implied);
  • be provided within a reasonable time (when no time is set).

If you purchase goods or services that do not meet one or more of the consumer guarantees, you are eligible for a remedy, which may mean repair, replacement, refund and/or compensation.

If you would like James to address a particular legal issue, send your request to james.blaxland@ticliblaxland.com.au

This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.