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They said it is out of warranty. Does that end it?

51 quoted answers, each with its source

The short answer

A manufacturer warranty is a voluntary extra promise that becomes a legal right once the consumer buys the product or service; it does not limit or replace the automatic consumer guarantees, and after it expires the consumer guarantee of acceptable quality usually still applies. A consumer can make a claim under consumer law regardless of any warranty and may be entitled to a repair, replacement or refund depending on whether the problem is major or cannot be fixed; a store generally cannot insist the consumer deal directly with the manufacturer, even if the claim falls under a manufacturer's warranty. A warranty against defects must be in writing and must include a statement that rights under the warranty sit alongside the Australian Consumer Law guarantees, which cannot be excluded; specific mandatory warranty text applies to services and to goods and services supplied after 9 June 2019. In CHOICE's 2023 mystery shop, more than seven in ten stores misrepresented a consumer's rights to a remedy after the warranty period, and courts and the ACCC have treated such statements as false or misleading; the exact duration of Australian Consumer Law rights is uncertain.

Every part of this comes from the quotes below. How we write these.

What the rules actually say23

Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.

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The ACCC states that extra promises about what a business will do if something goes wrong with a product or service are known as manufacturer's warranties or warranties against defects.

first-party
1 quote from 1 source
Extra promises about what a business will do if something goes wrong with a product or service are known as a manufacturer's warranties or warranties against defects.
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The ACCC states that a warranty against defects does not limit or replace the consumer guarantees.

first-party
1 quote from 1 source
A warranty against defects is provided in addition to the consumer guarantees and does not limit or replace these rights.
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The ACCC states that after a warranty against defects expires the consumer guarantee of acceptable quality usually still applies.

first-party
1 quote from 1 source
Warranties against defects usually apply for a set amount of time. After the warranty expires, the consumer guarantee of acceptable quality usually still applies.
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The ACCC states that businesses must not mislead consumers into thinking their rights are limited to the remedies or timeframe set out in a warranty against defects.

first-party
1 quote from 1 source
Businesses must not mislead consumers into thinking that their rights are limited to the remedies or timeframe set out in a warranty against defects.
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The ACCC states that a consumer's basic rights can last longer than a business's warranty.

first-party
1 quote from 1 source
Warranties can't replace, change or take away a consumer's basic rights. These basic rights can last longer than a business's warranty.
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The ACCC states that businesses must comply with any manufacturer warranties they have provided.

first-party
1 quote from 1 source
A warranty is a voluntary promise that a person or business makes when selling a product or service. Once the consumer buys the product or service, the warranty becomes a legal right. Businesses must comply with any warranties they have provided.
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The ACCC states that…

  • the mandatory warranty information must be available with the actual product.
  • referring consumers to a website or in-store notice is not enough to make the mandatory warranty information available with the actual product.
first-party
1 quote from 1 source
The mandatory information must be available with the actual product. It is not enough to refer consumers to this information on a website or in-store.
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The ACCC states that an extended warranty or care package extends the length of a manufacturer's warranty.

first-party
2 quotes from 1 source
An extended warranty or care package extends the length of a manufacturer's warranty.
Unlike manufacturer's warranties, which are included in the sale of the product or service, extended warranties are usually sold separately for an extra cost.
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The ACCC states that businesses must not pressure or mislead consumers into buying an extended warranty.

first-party
1 quote from 1 source
Businesses must not pressure or mislead consumers to buy an extended warranty.
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The ACCC states that consumers can make a claim for a problem with a product under consumer law regardless of any warranty.

first-party
1 quote from 1 source
Regardless of any warranty, consumers can make a claim for a problem with a product under consumer law.
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  • The ACCC states, on the subject of manufacturer warranty, that consumer guarantees cannot be taken away.
  • The ACCC states that a manufacturer warranty is an extra promise a business can choose to make on top of consumer guarantees.
first-party
1 quote from 1 source
Consumer guarantees are automatic and can't be taken away. Warranties are extra promises that a business can choose to make on top of the consumer guarantees.
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The ACCC states that it is against the law for a business to suggest a consumer must sign an extended warranty to avoid losing their basic rights after a certain date.

first-party
2 quotes from 1 source
suggesting the consumer must sign an extended warranty to avoid losing these basic rights after a certain date.
It is against the law for businesses to mislead consumers about their rights in these ways.
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Regarding manufacturer warranty, the ACCC states that the ACCC's guide to consumer guarantees for businesses and legal practitioners reflects the law at a point in time.

first-party
2 quotes from 1 source
This guide is intended to reflect consumer law at a point in time and does not reflect changes to the Australian Consumer Law which have occurred since initial publication. These changes include:
increases to the maximum civil penalty for providing false or misleading information about the existence, exclusion or effect of the consumer guarantees or remedies.
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Section 59 of the Australian Consumer Law guarantees that the manufacturer of goods will comply with any express warranty given or made by the manufacturer in relation to the goods.

first-party
2 quotes from 1 source
59 Guarantee as to express warranties
there is a guarantee that the manufacturer of the goods will comply with any express warranty given or made by the manufacturer in relation to the goods.
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Consumer Affairs Victoria states that a consumer can insist a supplier meets a consumer guarantee even if the goods are covered by additional warranties.

first-party
1 quote from 1 source
A consumer can also insist a supplier meets a consumer guarantee, even if the goods are covered by additional warranties.
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Consumer Affairs Victoria states that a store generally cannot insist a consumer deal directly with the…

  • manufacturer.
  • manufacturer even where the claim falls under a manufacturer's warranty.
first-party
1 quote from 1 source
They generally cannot insist the consumer deals directly with the manufacturer, even if the claim falls under a manufacturer's warranty.
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Consumer Affairs Victoria states that a manufacturer cannot always deny a warranty claim because the product was not registered.

first-party
1 quote from 1 source
However, a manufacturer cannot always deny a claim because the product was not registered.
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Consumer Affairs Victoria states that a consumer may be entitled to a repair, replacement or refund for a defective product regardless of whether the product is still under warranty.

first-party
2 quotes from 1 source
If a product turns out to be defective, the consumer may be entitled to a repair, replacement or refund (depending on whether the problem is major or cannot be fixed).
This applies regardless of whether the product is still under warranty.
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Consumer Affairs Victoria states that a warranty against defects must…

  • be in writing.
  • include a statement that rights under the warranty sit alongside the ACL consumer guarantees, which cannot be excluded.
first-party
2 quotes from 1 source
A warranty against defects must be in writing and:
include a statement that rights under the warranty sit alongside the ACL consumer guarantees, which cannot be excluded.

Measured finding2

Something someone actually measured, with the method attached.

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CHOICE reports that more than seven in ten of the stores in its mystery shop actively misrepresented a consumer's rights to a remedy if their product developed a fault outside the warranty period.

1 quote from 1 source
Shockingly, more than seven in 10 (71%) stores in our mystery shop actively misrepresented a consumer's rights to a remedy if their product developed a fault outside the warranty period.
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In CHOICE's mystery shop, the most common way consumer rights were misrepresented was staff stating or implying that the chances of receiving a free remedy after the warranty period were very slim or nonexistent.

1 quote from 1 source
The most common way consumer rights were misrepresented was staff stating or implying that the chances of receiving a free remedy after the warranty period were very slim or nonexistent.

Practical effect7

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

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The ACCC states that a warranty against defects is provided in addition to the consumer guarantees.

first-party
1 quote from 1 source
A warranty against defects is provided in addition to the consumer guarantees and does not limit or replace these rights.
#
  • The Court held that letters offering an extended warranty contained a false or misleading representation.
  • The representation stated that consumers would not be protected against repair costs for their appliance after two years from the date of purchase unless they purchased the extended warranty.
medium confidencefirst-party
1 quote from 1 source
The Court held that the letters contained a false or misleading representation to consumers that they would not be protected against repair costs for their appliance after a period of two years from the date of purchase (being the period of the manufacturer's warranty), unless they purchased the extended warranty.
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The Federal Court ordered Hewlett-Packard to pay a $3 million civil pecuniary penalty for making false or misleading representations to consumers and retailers regarding consumer guarantee rights.

first-party
1 quote from 1 source
In July 2013, the Federal Court ordered that Hewlett-Packard, a manufacturer and retailer of computer hardware, pay a $3 million civil pecuniary penalty for making false or misleading representations to consumers and retailers regarding consumer guarantee rights.
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The ACCC records that the Hewlett-Packard representations included that the warranty period for products was limited to a specified express warranty period.

first-party
2 quotes from 1 source
In July 2013, the Federal Court ordered that Hewlett-Packard, a manufacturer and retailer of computer hardware, pay a $3 million civil pecuniary penalty for making false or misleading representations to consumers and retailers regarding consumer guarantee rights.
the warranty period for products was limited to a specified express warranty period
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The ACCC records that the Hewlett-Packard representations included that consumers were required to pay for remedies outside the express warranty period.

first-party
2 quotes from 1 source
In July 2013, the Federal Court ordered that Hewlett-Packard, a manufacturer and retailer of computer hardware, pay a $3 million civil pecuniary penalty for making false or misleading representations to consumers and retailers regarding consumer guarantee rights.
consumers were required to pay for remedies outside the express warranty period
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CHOICE reports that JB Hi-Fi is facing a class action alleging its extended warranties were of little or no value because customers already had the same rights for free under the Australian Consumer Law.

1 quote from 1 source
UPDATE 14 December, 2023: JB Hi-Fi is currently facing a class action alleging that its extended warranties were of little or no value because customers already had the same rights for free under the Australian Consumer Law.

Changed on2

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

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The ACCC states that a distinct block of mandatory warranty text applies to services supplied after 9 June 2019.

first-party
2 quotes from 1 source
Mandatory text for services supplied after 9 June 2019
The mandatory text for the supply of services after 9 June 2019 is:
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The ACCC states that a distinct block of mandatory warranty text applies to goods and services supplied after 9 June 2019.

first-party
2 quotes from 1 source
Mandatory text for goods and services supplied after 9 June 2019
The mandatory text for the supply of goods and services after 9 June 2019 is:

Disputed between sources6

Sources that do not agree, presented without picking a winner.

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  • The ACCC states that the consumer guarantee of acceptable quality usually still applies after a warranty expires.
  • Salespeople at Harvey Norman stores told CHOICE that after the manufacturer's warranty there is nothing the store can do.
first-party
2 quotes from 2 sources
Warranties against defects usually apply for a set amount of time. After the warranty expires, the consumer guarantee of acceptable quality usually still applies.
We called 26 Harvey Norman stores, 18 of which (69%) misrepresented our consumer rights. Some salespeople told us misleading things including, "After the manufacturer's warranty there's nothing we can do, it's out of our hands."
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Consumer Affairs Victoria states that…

  • extended warranties are optional.
  • suppliers must not tell a consumer they must pay for rights equivalent to a consumer guarantee.
medium confidencefirst-party
3 quotes from 2 sources
Extended warranties are optional. Suppliers must not: pressure consumers to buy an extended warranty tell a consumer that they must pay for any rights equivalent to a consumer guarantee.
"Under ACL, you have sort of coverage for an extra 12 months. Technically. If it's three or four years, that's where you'd need to purchase an extended warranty."
Just like many JB Hi-Fi staff, many of those at The Good Guys seemed to think the retailer's obligation to consumers ended at the two-year mark. Some of their responses included:
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  • An ACCC spokesperson told CHOICE that businesses engage in problematic conduct when they imply or state that the only relevant consideration for a product fault is found under the terms of the warranty.
  • JB Hi-Fi states on its Extra Care page that the duration of Australian Consumer Law rights is uncertain and lacks the certainty its own plan provides.
medium confidenceother
2 quotes from 2 sources
"Businesses engage in problematic conduct where they either imply or expressly state that the only relevant consideration when dealing with a product fault is found under the terms of the warranty," says an ACCC spokesperson.
However, the exact duration of ACL rights is uncertain and do not provide the certainty that JB Hi-Fi Extra Care provides.

Often said, but we could not find it in the rules11

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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Salespeople at Harvey Norman stores told CHOICE's mystery shoppers that after the manufacturer's warranty there is nothing the store can do and it is out of their hands.

1 quote from 1 source
We called 26 Harvey Norman stores, 18 of which (69%) misrepresented our consumer rights. Some salespeople told us misleading things including, "After the manufacturer's warranty there's nothing we can do, it's out of our hands."
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A Good Guys salesperson told CHOICE's mystery shoppers that…

  • the Australian Consumer Law gives roughly an extra 12 months of coverage.
  • an extended warranty would be needed for a fault at three or four years.
2 quotes from 1 source
Just like many JB Hi-Fi staff, many of those at The Good Guys seemed to think the retailer's obligation to consumers ended at the two-year mark. Some of their responses included:
"Under ACL, you have sort of coverage for an extra 12 months. Technically. If it's three or four years, that's where you'd need to purchase an extended warranty."
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Salespeople told CHOICE's mystery shoppers that…

  • whether a remedy would be given after the manufacturer warranty period was decided by an in-store system.
  • nine times out of ten, the in-store system would say the remedy was at the customer's cost after the manufacturer warranty period.
2 quotes from 1 source
In many of our calls, we were told our rights to a remedy after the warranty period ended were decided by "the system" at the store.
"Nine times out of 10 [the system] will say, 'Sorry, but it's at your cost'."
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CHOICE reports that staff were told to say that if a product breaks after two years, past the JB Hi-Fi voluntary warranty period…

  • it would not be covered.
  • no replacement or refund could be given.
1 quote from 1 source
she says, "We were just told to say if your product breaks after two years [the JB Hi-Fi voluntary warranty period], it wouldn't be covered. We wouldn't be able to give you a replacement or a refund."
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JB Hi-Fi states on its Extra Care page that the exact duration of Australian Consumer Law rights…

  • is uncertain.
  • does not provide the certainty that JB Hi-Fi Extra Care provides.
other
1 quote from 1 source
However, the exact duration of ACL rights is uncertain and do not provide the certainty that JB Hi-Fi Extra Care provides.
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BIG W states in its returns policy that a customer wishing to make a claim under a manufacturer's warranty can do so directly with the relevant manufacturer.

other
2 quotes from 1 source
Some products come with an additional manufacturer's warranty as indicated in the documentation provided with the relevant products. Should you wish to make any claim under a manufacturer's warranty, you can do so directly with the relevant manufacturer.
If your purchase was made at a BIG W store, please approach the customer courtesy desk at your local BIG W store to process your product return or exchange.
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The Good Guys states that a customer's rights under the Australian Consumer Law may extend beyond those time periods.

other
2 quotes from 1 source
sets out the minimum remedies that The Good Guys will provide to you if you buy a faulty product from The Good Guys.
Your rights under the ACL may extend beyond these time periods.