GuaranteesOnRecord

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Acceptable quality

21 established claims - 13 refused by the grounding gate

Documented position19

What the body that runs or defines the thing says in its own documentation.

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The ACCC states that there are no set rules for…

  • deciding whether a product is of acceptable quality.
  • how long a product should last in relation to acceptable quality.
other
1 quote from 1 source
There are no set rules for deciding whether a product is of acceptable quality, or how long a product should last for.
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The ACCC paraphrases acceptable quality for consumers as a product that is safe, durable and free from defects, has an acceptable appearance and finish, and does everything that similar products are commonly used for.

other
5 quotes from 1 source
A product sold to a consumer must be of acceptable quality.
Acceptable quality means the product:
is safe, durable and free from defects
has an acceptable appearance and finish
does everything that similar products are commonly used for.
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The Australian Consumer Law section 54(2) requires goods to be…

  • fit for all the purposes for which goods of that kind are commonly supplied.
  • acceptable in appearance and finish.
  • free from defects.
  • safe.
  • durable.
other
1 quote from 1 source
(2) Goods are of acceptable quality if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable in appearance and finish; and (c) free from defects; and (d) safe; and (e) durable;
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The Australian Consumer Law section 54(7) provides that goods do not fail the acceptable quality guarantee where the consumer examined them before agreeing to the supply and that examination ought reasonably to have revealed that they were not of acceptable quality.

other
3 quotes from 1 source
(7) Goods do not fail to be of acceptable quality if:
(a) the consumer acquiring the goods examines them before the consumer agrees to the supply of the goods; and
(b) the examination ought reasonably to have revealed that the goods were not of acceptable quality.
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Consumer Affairs Victoria states that the acceptable quality guarantee means a product is…

  • fit for the purpose for which it is commonly used.
  • safe.
  • durable.
  • free from defects.
  • acceptable in appearance and finish.
other
4 quotes from 1 source
including that a product must be of acceptable quality - it is:
fit for the purpose for which it is commonly used
safe, durable and free from defects
acceptable in appearance and finish.
#

Consumer Affairs Victoria states that fair wear and tear alone is not a problem that makes a product faulty.

other
2 quotes from 1 source
Issues that are neither minor nor major problems include:
fair wear and tear alone
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Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law.

other
1 quote from 1 source
Products and services bought before 1 January 2011 aren't covered by the current Australian Consumer Law. They may be covered by older laws.
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Consumer Affairs Victoria states that products bought before 1 January 2011 are covered by statutory implied conditions and warranties under…

  • the Trade Practices Act 1974.
  • state and territory legislation in force before 1 January 2011.
other
1 quote from 1 source
bought before 1 January 2011. These are covered by statutory implied conditions and warranties under the Trade Practices Act 1974 and state and territory legislation in force before 1 January 2011

Repeated, with no primary source in reach2

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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Kmart states that it will accept product returns under consumer guarantees where the product is faulty or is not of acceptable quality.

other
2 quotes from 1 source
Kmart will accept product returns under consumer guarantees where:
The product is faulty or is not of acceptable quality;
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Regarding replacement, Kmart states that it reserves the right to assess the condition and age of returned goods before providing a repair, exchange or refund.

other
1 quote from 1 source
Kmart reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund.

Refused13

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

The Australian Consumer Law section 54(1) provides that where a person supplies goods to a consumer in trade or commerce, and the supply does not occur by way of sale by auction, there is a guarantee that the goods are of acceptable quality.

Refused: The quotes state the guarantee's substantive conditions and wording, but none identify them as Australian Consumer Law section 54(1).

Unsupported: The Australian Consumer Law section 54(1)

What it rested on
(a) a person supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods are of acceptable quality.

The Australian Consumer Law section 54(2) sets acceptable quality as a five-limb test.

Refused: The quote lists five criteria under '(2)' but does not identify them as 'Australian Consumer Law section 54(2)'.

Unsupported: Australian Consumer Law section 54(2)

What it rested on
(2) Goods are of acceptable quality if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable in appearance and finish; and (c) free from defects; and (d) safe; and (e) durable;

The Australian Consumer Law section 54(2) measures the acceptable quality limbs against what a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable.

Refused: The quote states the reasonable-consumer standard but does not identify it as Australian Consumer Law section 54(2).

Unsupported: The Australian Consumer Law section 54(2)

What it rested on
as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).

The Australian Consumer Law section 54(3) lists the nature of the goods as a matter relevant to the acceptable quality test.

Refused: The quotes list the nature of the goods as a matter under subsection (2), but do not state that subsection (2) is the acceptable quality test.

Unsupported: acceptable quality test

What it rested on
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.

The Australian Consumer Law section 54(3) lists the price of the goods if relevant as a matter relevant to the acceptable quality test.

Refused: The quotes show a subsection (3) listing price if relevant for purposes of subsection (2), but do not identify that provision as Australian Consumer Law section 54(3) or the acceptable quality test.

Unsupported: acceptable quality test

What it rested on
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.

The Australian Consumer Law section 54(3) lists statements on packaging or labelling as a matter relevant to the acceptable quality test.

Refused: The quotes show subsection (3) lists packaging/labelling statements as matters for subsection (2), but they do not state that this is the acceptable quality test or identify ACL s 54(3).

Unsupported: acceptable quality test

What it rested on
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.

The Australian Consumer Law section 54(3) lists representations by the supplier or manufacturer as a matter relevant to the acceptable quality test.

Refused: The quotes establish section 54(3) lists supplier/manufacturer representations, but never state that subsection (2) is the acceptable quality test.

Unsupported: acceptable quality test

What it rested on
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.

The Australian Consumer Law section 54(3) lists any other relevant circumstances of supply as a matter relevant to the acceptable quality test.

Refused: The quotes list matters for 'subsection (2)' but never state that this is the acceptable quality test or identify Australian Consumer Law section 54(3).

Unsupported: acceptable quality test

What it rested on
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.

The Australian Consumer Law section 54(4) deems goods to be of acceptable quality where the only reasons they are not were specifically drawn to the consumer's attention before the consumer agreed to the supply.

Refused: The quotes state the substantive condition and outcome but do not identify the source as Australian Consumer Law section 54(4).

Unsupported: Australian Consumer Law section 54(4)

What it rested on
(b) the only reason or reasons why they are not of acceptable quality were specifically drawn to the consumer’s attention before the consumer agreed to the supply;
the goods are taken to be of acceptable quality.

The Australian Consumer Law section 54(5) treats a defect as specifically drawn to a consumer's attention if it was disclosed on a written notice displayed with the goods that was transparent.

Refused: The quote states the legal rule but does not identify it as section 54(5) of the Australian Consumer Law.

Unsupported: section 54(5)

What it rested on
the reason or reasons why they are not of acceptable quality are taken, for the purposes of subsection (4), to have been specifically drawn to a consumer’s attention if those reasons were disclosed on a written notice that was displayed with the goods and that was transparent.

The Australian Consumer Law section 54(6) provides that goods do not fail the acceptable quality guarantee where the consumer causes them to become of unacceptable quality or fails to take reasonable steps to prevent that, and they are damaged by abnormal use.

Refused: The quotes state subsection (6) but do not identify it as Australian Consumer Law section 54(6).

Unsupported: Australian Consumer Law section 54(6)

What it rested on
(6) Goods do not fail to be of acceptable quality if:
(a) the consumer to whom they are supplied causes them to become of unacceptable quality, or fails to take reasonable steps to prevent them from becoming of unacceptable quality; and
(b) they are damaged by abnormal use.

Consumer Affairs Victoria states that under the Australian Consumer Law, products bought from an Australian business are automatically covered by consumer guarantees regardless of any other warranty.

Refused: The quote supports the guarantee statement but does not state that it is under the Australian Consumer Law.

Unsupported: under the Australian Consumer Law

What it rested on
products bought from an Australian business are automatically covered by consumer guarantees regardless of any other warranty

Kmart states that acceptable quality requires adequate proof of purchase for returns of non-Kmart branded products.

Refused: The quote states non-Kmart branded products require adequate proof of purchase but does not mention acceptable quality.

Unsupported: acceptable quality requires adequate proof of purchase

What it rested on
Non-Kmart branded products require adequate proof of purchase, including: