What happens if the problem is minor?
16 quoted answers, each with its source
The short answer
For a minor failure, the business must fix the problem by at least giving a free repair. The business does not have to offer a replacement or refund for a minor problem, although it can choose to do so, and the consumer cannot reject the goods and demand a refund where the failure can be repaired within a reasonable time. If the business cannot or will not fix the minor problem, the consumer is entitled to a refund or replacement instead. Two or more minor failures can be considered a major failure.
Every part of this comes from the quotes below. How we write these.
What the rules actually say8
Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.
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.
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.
- Repair, replace, refund, cancel | ACCC accc.gov.au
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.
1 quote from 1 source
have to offer a replacement or refund for a minor problem, although it can choose to do this.
- Repair, replace, refund, cancel | ACCC accc.gov.au
The ACCC states that businesses must fix a minor problem with a product or service by at least giving a free repair.
1 quote from 1 source
Businesses must fix a minor problem with a product or service by at least giving a free repair.
- Repair, replace, refund, cancel | ACCC accc.gov.au
The ACCC states that when a business cannot or will not fix a minor problem, the consumer is entitled to get a refund or replacement.
2 quotes from 1 source
When the business can’t or won’t fix a minor problem
get a refund or replacement instead
- Repair, replace, refund, cancel | ACCC accc.gov.au
Section 261 of the Australian Consumer Law allows the supplier to comply with a requirement to remedy a failure by repairing the goods.
3 quotes from 1 source
if the failure does not relate to title—by repairing the goods; or
by replacing the goods with goods of an identical type; or
261 How suppliers may remedy a failure to comply with a guarantee
The ACCC states in its guide for businesses and legal practitioners that when the problem with the goods is minor the supplier can choose the remedy, either a repair, replacement or refund.
1 quote from 1 source
When the problem with the goods is minor, the supplier can choose the remedy—either a repair, replacement or refund.
The ACCC states in its guide for businesses and legal practitioners that where a failure of goods is not major and can be repaired within a reasonable time, the consumer cannot reject the goods and demand a refund.
1 quote from 1 source
If a failure of goods is not major and can be repaired within a reasonable time, the consumer cannot reject the goods and demand a refund.
Practical effect1
What is observed to happen in practice, as distinct from what is documented.
Among the representations for which Hewlett-Packard was penalised was that consumers were required to have their product repaired multiple times before they were entitled to a replacement.
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 have their product repaired multiple times before they were entitled to a replacement
Often said, but we could not find it in the rules7
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.
CHOICE states that minor problems are anything that can be fixed within a reasonable period of time.
1 quote from 1 source
Minor problems are anything that can be fixed within a reasonable period of time.
CHOICE states that if a product has two or more minor failures it can be considered a major failure.
1 quote from 1 source
If your faulty product has two or more minor failures of the consumer guarantees, it can be considered a major failure.
CHOICE states that where a product has a minor issue the business…
- is only obligated to repair it free of charge.
- does not have to offer a replacement or refund.
1 quote from 1 source
If your product has a minor issue, the business is only obligated to repair it free of charge – it doesn’t have to offer you a replacement or refund.
- Refunds and returns in Australia – your rights choice.com.au
Myer states that if the failure is minor, Myer…
- will repair the item within a reasonable time.
- may at its discretion replace the item or refund the customer.
1 quote from 1 source
If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.
Kmart states that if the failure is minor it reserves its right to offer to repair only.
1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.