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:
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:
[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]. |