GuaranteesOnRecord

All subjects

Faulty goods

38 established claims - 15 refused by the grounding gate

Documented position23

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

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The ACCC states that repair notice obligations apply whether or not the products are second-hand goods.

other
1 quote from 1 source
These obligations apply whether or not the products are second-hand goods.
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The ACCC states that repair notice rules apply to faulty goods over $100,000 that are normally bought for personal or household use.

other
2 quotes from 1 source
Repair notice rules apply to all products that are:
over $100,000 that are normally bought for personal or household use.
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The ACCC states that in some situations, for faulty goods, the consumer gets to choose the remedy they prefer.

other
1 quote from 1 source
In some situations, the consumer gets to choose the remedy they prefer.
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For faulty goods, the ACCC states that a business has the right to assess the product or service before they provide a remedy.

other
1 quote from 1 source
A business has the right to assess the product or service before they provide a remedy.
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The ACCC states that when a product or service has a minor problem, the business must fix the problem or repair the product for free.

other
1 quote from 1 source
When a product or service has a minor problem, the business must fix the problem or repair the product for free.
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Regarding repair, the ACCC states that a business…

  • does not have to offer a replacement or refund for a minor problem.
  • can choose to offer a replacement or refund for a minor problem.
other
1 quote from 1 source
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
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The ACCC states that for faulty goods, businesses must not tell consumers to go to the manufacturer for a remedy.

other
1 quote from 1 source
Businesses must not tell consumers to go to the manufacturer for a remedy.
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The ACCC states that a product does not have to be in its original packaging.

other
1 quote from 1 source
The product does not have to be in its original packaging
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The ACCC states that businesses are responsible for paying the shipping costs or collecting faulty products that are large, heavy or hard to remove.

other
1 quote from 1 source
Businesses are responsible for paying for the shipping costs or collecting faulty products that are large, heavy or hard to remove, such as:
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The ACCC states that for faulty goods, if a business confirms the product has a problem, the business must reimburse the consumer for any reasonable return costs the consumer has already paid.

other
1 quote from 1 source
If the business confirms that the product does have a problem, it must reimburse the consumer for any reasonable return costs they have already paid.
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The ACCC's documented position on faulty goods states that if a business finds the product does not have a problem, the business…

  • can make the consumer pay the collection and inspection costs.
  • must first give the consumer a reasonable estimate of the collection and inspection costs.
other
1 quote from 1 source
If the business finds that the product does not have a problem, it can make the consumer pay the collection and inspection costs. To do this, the business must give the consumer a reasonable estimate of these costs before collecting the product.
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The guarantee for goods supplied in trade or commerce to a consumer…

  • is that the goods are of acceptable quality.
  • applies where the supply does not occur by way of sale by auction.
other
3 quotes from 1 source
a person supplies, in trade or commerce, goods to a consumer
the supply does not occur by way of sale by auction
there is a guarantee that the goods are of acceptable quality
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Consumer Affairs Victoria states that consumers have the same legal rights to a refund, repair or replacement whether or not the goods are returned in the original packaging or wrapping.

other
1 quote from 1 source
Consumers have the same legal rights to a refund, repair or replacement whether or not the goods are returned in the original packaging or wrapping.
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Consumer Affairs Victoria states that a consumer who requested or agreed to the repair of a product with a major failure…

  • does not lose their right to a refund or replacement.
  • may still reject and return the product at any time.
medium confidenceother
2 quotes from 1 source
Sometimes, a consumer may request or agree to the repair of a product with a major failure - for example, because they did not know they were entitled to a refund or replacement.
If so, the consumer does not lose their right to a refund or replacement. The problem with the product is still ‘major’, so they may still reject and return the product at any time.
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Consumer Affairs Victoria states that when a consumer tells the supplier they are returning the product, it becomes the supplier's property.

other
1 quote from 1 source
When the consumer tells the supplier they are returning the product, it becomes the supplier’s property.
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Consumer Affairs Victoria states that a consumer who has lost the right to reject a product may still keep it and recover compensation for any drop in the product's value.

other
1 quote from 1 source
Even if the consumer has lost the right to reject the product, they may still keep it and ask for, or by action against the trader recover, compensation for any drop in the product’s value.
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Consumer Affairs Victoria states that a consumer cannot reject products that have been attached to other property and cannot be removed without damage.

other
2 quotes from 1 source
A consumer cannot reject products if:
the products have been attached to other property and cannot be removed without damage
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Consumer Affairs Victoria states that a consumer buying second-hand goods cannot claim a refund for problems that were indicated in photos or the item description on the website.

other
2 quotes from 1 source
However, they cannot claim a refund for problems that:
were indicated in photos or the item description on the website.
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For faulty goods purchased before 1 July 2021, the consumer guarantee monetary threshold is $40,000.

other
2 quotes from 1 source
products or services that cost up to $100,000*, or any other amount set by the Australian Consumer Law in future; or
* For products or services purchased before 1 July 2021 the amount is $40,000

Measured finding4

Something someone actually measured, with the method attached.

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The Australian Consumer Survey 2023 reports that faulty, unsafe or poor-quality products were among the most common problems consumers experienced, at 20%.

other
1 quote from 1 source
The most common problems relate to incorrect or misleading information being provided (27%), poor customer service (25%), and faulty, unsafe or poor-quality products (20%).
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The Australian Consumer Survey 2023 reports that the proportion of consumers reporting a faulty, unsafe or poor-quality product was…

  • 30% in 2016.
  • 20% in 2023.
other
1 quote from 1 source
a decline is evident for faulty, unsafe or poor-quality products (down 10 percentage points from 30% in 2016 to 20% in 2023)
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The Australian Consumer Survey 2023 reports that awareness of dispute resolution services declined 9 percentage points from 44% in 2016 to 35% in 2023.

other
1 quote from 1 source
Awareness of dispute resolution services has declined markedly since 2016 (down 9 percentage points, from 44% to 35%).

Practical effect2

What is observed to happen in practice, as distinct from what is documented.

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The Australian Consumer Survey 2023 reports that 61% of consumers have experienced at least one problem when purchasing a product or service over the past two years.

other
1 quote from 1 source
61% of consumers have experienced at least one problem when purchasing a product or service over the past two years
#

The Australian Consumer Survey 2023 reports that 22% of consumers experienced an unsafe product in the past two years.

other
1 quote from 1 source
22% of consumers experienced an unsafe product in the past two years.

Changed on2

A dated change. This is where advice quietly stops being true.

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The Australian Consumer Survey 2023 reports that the proportion of consumers reporting a faulty, unsafe or poor-quality product fell 10 percentage points between 2016 and 2023.

other
1 quote from 1 source
a decline is evident for faulty, unsafe or poor-quality products (down 10 percentage points from 30% in 2016 to 20% in 2023)
#

For faulty goods purchased from 1 July 2021, the consumer guarantee monetary threshold is $100,000.

other
2 quotes from 1 source
products or services that cost up to $100,000*, or any other amount set by the Australian Consumer Law in future; or
* For products or services purchased before 1 July 2021 the amount is $40,000

Repeated, with no primary source in reach7

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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  • Bunnings states that its goods come with guarantees that cannot be excluded under the Australian Consumer Law.
  • Bunnings states that customers are entitled to a replacement or refund for a major failure of its goods.
other
1 quote from 1 source
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You're entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage.
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Kmart states that where a failure is minor it reserves its right to offer to repair only.

other
1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.
#

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.
#

Kmart states that it reserves the right not to offer an exchange, exchange voucher or refund for faulty goods where the product fault is a result of misuse or neglect.

other
1 quote from 1 source
Kmart reserves the right not to offer an exchange, exchange voucher or refund where the product fault is a result of misuse or neglect.
#

Faulty goods that are Kmart branded products meeting consumer guarantee return requirements are…

  • accepted for return by Kmart without proof of purchase.
  • provided an exchange voucher by Kmart when returned without proof of purchase.
other
1 quote from 1 source
Kmart will accept returns of Kmart branded products (Anko, OXX, etc) that meet consumer guarantee return requirements without proof of purchase. In such cases, an exchange voucher will be provided.

Refused15

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 ACCC states that when a business sells faulty goods, it must give the consumer a choice that includes a replacement of the same type of product.

Refused: The quotes condition the replacement choice on a product with a 'major problem,' not all faulty goods.

Unsupported: faulty goods

What it rested on
When a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a:
replacement of the same type of product.

The ACCC's documented position on major failure is that a business must not deduct an amount from a refund to take into account the use a consumer has had of the product.

Refused: The quote states the refund rule but does not say this is the documented position specifically on major failure.

Unsupported: on major failure

What it rested on
A refund should be the full amount the consumer paid for the product. The business must not deduct an amount from a refund to take into account the use a consumer has had of the product.

Section 54 of the Australian Consumer Law creates a guarantee for goods supplied in trade or commerce to a consumer.

Refused: The quotes state the guarantee language but do not identify it as Section 54 of the Australian Consumer Law.

Unsupported: Section 54 of the Australian Consumer Law

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

Section 54(2) of the Australian Consumer Law requires goods of acceptable quality to be fit for all the purposes for which goods of that kind are commonly supplied.

Refused: The quotes state the acceptable-quality fitness requirement but do not identify Section 54(2) or the Australian Consumer Law.

Unsupported: Section 54(2) of the Australian Consumer Law

What it rested on
Goods are of acceptable quality if they are as:
fit for all the purposes for which goods of that kind are commonly supplied

Section 54(6) of the Australian Consumer Law provides that goods do not fail to be of acceptable quality where the consumer causes them to become of unacceptable quality and they are damaged by abnormal use.

Refused: The quotes state the substantive exclusion but do not identify it as Section 54(6) of the Australian Consumer Law.

Unsupported: Section 54(6) of the Australian Consumer Law

What it rested on
Goods do not fail to be of acceptable quality if:
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
they are damaged by abnormal use

Section 259(7) of the Australian Consumer Law provides that a consumer may take action against a supplier whether or not the goods are in their original packaging.

Refused: The quote does not identify Section 259(7) or state that the action is against a supplier.

Unsupported: Section 259(7) of the Australian Consumer Law ... against a supplier

What it rested on
The consumer may take action under this section whether or not the goods are in their original packaging.

Section 260(1)(e) of the Australian Consumer Law makes a failure a major failure where the goods are not of acceptable quality because they are unsafe.

Refused: The quotes state the substantive major-failure rule but do not cite or show that it is Section 260(1)(e) of the Australian Consumer Law.

Unsupported: Section 260(1)(e)

What it rested on
A failure to comply with a guarantee referred to in section 259(1)(b) that applies to a supply of goods is a major failure if:
the goods are not of acceptable quality because they are unsafe

Section 260(1)(a) of the Australian Consumer Law makes a failure a major failure where the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure.

Refused: The quotes state the major-failure rule but do not identify it as Section 260(1)(a) of the Australian Consumer Law.

Unsupported: Section 260(1)(a) of the Australian Consumer Law

What it rested on
A failure to comply with a guarantee referred to in section 259(1)(b) that applies to a supply of goods is a major failure if:
the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure

Section 259(2) of the Australian Consumer Law lets a consumer require the supplier to remedy a non-major failure within a reasonable time.

Refused: The quotes state the substantive rule but do not state the specific section or act citation.

Unsupported: Section 259(2) of the Australian Consumer Law

What it rested on
If the failure to comply with the guarantee can be remedied and is not a major failure:
the consumer may require the supplier to remedy the failure within a reasonable time

Bunnings recommends customers retain their receipt for faulty goods.

Refused: The quote recommends retaining a receipt for proof of purchase but does not mention faulty goods.

Unsupported: for faulty goods

What it rested on
We recommend you retain your receipt, as we may require proof that you purchased the product from us.

Bunnings may require proof that faulty goods were purchased from Bunnings.

Refused: The quote says proof of purchase may be required generally, but does not state that proof is required specifically for faulty goods.

Unsupported: faulty goods

What it rested on
We recommend you retain your receipt, as we may require proof that you purchased the product from us.

In relation to faulty goods, the Australian Consumer Survey 2023 reports that 7% of consumers had a problem related to the warranty or guarantee.

Refused: The quote says 7% of consumers had a problem related to warranty or guarantee but does not state this was in relation to faulty goods.

Unsupported: In relation to faulty goods

What it rested on
Of the 7% of consumers who had a problem related to the warranty or guarantee, half had a problem getting a refund or replacement, a significant increase on 2016 (36%).

In relation to faulty goods, half of the consumers who had a problem related to the warranty or guarantee had a problem getting a refund or replacement.

Refused: The quote supports the half statistic for consumers with warranty/guarantee problems but does not state this was in relation to faulty goods.

Unsupported: faulty goods

What it rested on
Of the 7% of consumers who had a problem related to the warranty or guarantee, half had a problem getting a refund or replacement, a significant increase on 2016 (36%).

In relation to faulty goods, the proportion of consumers who had a problem related to the warranty or guarantee and who had a problem getting a refund or replacement was a significant increase on the 36% recorded in 2016.

Refused: The quote supports the warranty/guarantee refund statistic but does not mention faulty goods.

Unsupported: In relation to faulty goods

What it rested on
Of the 7% of consumers who had a problem related to the warranty or guarantee, half had a problem getting a refund or replacement, a significant increase on 2016 (36%).

The Australian Consumer Survey 2023 reports that 38% of consumers who had a warranty or guarantee problem say the retailer or manufacturer would not honour the warranty or guaranty.

Refused: The quote gives the 38% statistic but does not state that this percentage is among consumers who had a warranty or guarantee problem.

Unsupported: consumers who had a warranty or guarantee problem

What it rested on
38% say the retailer or manufacturer would not honour the warranty or guaranty.