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Remedies

The statutory guarantees described above are given by the supplier to the consumer. The remedies relating to the guarantees are set out in Part 5-4, Division 1, Subdivision A (goods) and Subdivision B (services) of the ACL. The process may seem quite complex to begin with, but the aim of the legislation is to cover every different type of situation.

The remedies available to a consumer for a breach of the guarantees depend on:

  • which guarantee was breached; and
  • the nature of the breach.

The remedies are different if the breach of the guarantee is ‘major’ and if it is not. Damages are also available if the loss suffered by the consumer is reasonably foreseeable.

Remedies are also available against the manufacturer of goods, but the remedies are slightly different. The supplier should be the first contact, unless the supplier is no longer trading. Pursuing the manufacturer of the goods should be a last resort except if the failure relates to the availability of spare parts or repair facilities.

Pursuant to the Australian Consumer Law, good and services are acquired by a consumer if:

  • The amount paid or payable was not more than $100,000; or
  • They were of a kind ordinarily acquired for personal, domestic or household use or consumption; or
  • The goods consisted of a motor vehicle used to transport goods on public roads.

[Australian Consumer Law s 3, Competition and Consumer Regulations 2010 (Cth) reg 77A.]

A claim for loss or damage must be lodged within 6 years [s 236].
Remedies  :  Last Revised: Tue Dec 14th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.