GuaranteesOnRecord

All subjects

Reasonable time

19 established claims - 6 refused by the grounding gate

Documented position13

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

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The ACCC states that what is a reasonable amount of time for a business to fix a problem depends on the nature of the product or service.

other
1 quote from 1 source
What is a 'reasonable' amount of time for a business to fix a problem will depend on the nature of the product or service.
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The ACCC illustrates a reasonable repair time by contrasting a repairer attending a house to fix an installed dishwasher with a pair of pants repaired in-store.

other
1 quote from 1 source
For example, it may take longer for a repairer to attend a house to fix an installed dishwasher than for a pair of pants to be repaired in-store.
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The ACCC states that what is reasonable for the supply of a service can depend on…

  • the nature of the services.
  • weather conditions.
  • availability of parts or materials.
other
2 quotes from 1 source
What is 'reasonable' can depend on factors including:
the nature of the services weather conditions availability of parts or materials.
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The ACCC states that a manufacturer or importer must provide spare parts and repair facilities for a reasonable time after purchase, even where the consumer did not buy the goods directly from them.

other
1 quote from 1 source
When a consumer buys a product, the manufacturer or importer must provide spare parts and repair facilities for a reasonable time after purchase. This applies even if the consumer did not buy the goods directly from the manufacturer or importer.
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The rejection period for goods is the period from supply within which it would be reasonable to expect the relevant failure to become apparent.

other
1 quote from 1 source
(2) The rejection period for goods is the period from the time of the supply of the goods to the consumer within which it would be reasonable to expect the relevant failure to comply with a guarantee referred to in section 259(1)(b) to become apparent having regard to:
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  • Consumer Affairs Victoria states that what is reasonable will depend on the nature of the services.
  • Consumer Affairs Victoria contrasts the time needed to build a house with the time required to lop a tree.
other
1 quote from 1 source
will depend on the nature of the services. For example, the time needed to build a house will be longer than the time required to lop a tree.
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Consumer Affairs Victoria states that it is a major problem if the consumer would never have bought the service had they known how long it would take.

other
1 quote from 1 source
It is a major problem if the consumer would never have bought the service had they known about how long it would take.
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Consumer Affairs Victoria states that the right to reject products runs from the date of supply to the consumer until the fault or problem would reasonably be expected to appear.

other
1 quote from 1 source
The right to reject the products runs from the date of supply to the consumer, until the fault or problem would reasonably be expected to appear.
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Consumer Affairs Victoria states that a consumer would not be entitled to a remedy where the sole reason a painting job took four weeks rather than the usual three was weather outside the painter's control.

other
1 quote from 1 source
It usually takes a qualified painter three weeks to paint a house, but the job has taken Geoff four weeks. The sole reason for the delay was the weather, which is outside Geoff’s control. The consumer would not be entitled to a remedy.
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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.

Measured finding1

Something someone actually measured, with the method attached.

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CHOICE reports that salespeople in its mystery shop sometimes told its callers that their rights were limited to a specific time period such as two years.

other
1 quote from 1 source
Sometimes we were told that we’d be entitled only to a repair (never a replacement) or that our rights were limited to a specific time period (such as two years).

Practical effect2

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

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CHOICE reports that the…

  • correct information it received included a statement that televisions must last a reasonable amount of time based on the value of the television.
  • statement that said televisions must last a reasonable amount of time also said that consumer guarantees cover a consumer for longer than a year.
other
2 quotes from 1 source
But others gave us correct information
“Consumer guarantees will cover you for longer than (a year). TVs must last a reasonable amount of time. They base it on the value of the TV, it would be longer than a year.”

Repeated, with no primary source in reach3

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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  • CHOICE states that consumer guarantees last for a reasonable time after purchase.
  • Manufacturer's warranties are time-limited.
other
1 quote from 1 source
Unlike time-limited manufacturer’s warranties, consumer guarantees last for a “reasonable time” after purchase.
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CHOICE states that a reasonable time depends on the type of product, how much was paid, and how long a regular customer would expect that item to last.

other
1 quote from 1 source
A “reasonable time” depends on the type of product, how much you paid, and how long a regular customer would expect that item to last.

Refused6

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 62 guarantees that services will be supplied within a reasonable time where the time for supply is not fixed by the contract and is not to be determined in a manner agreed by the consumer and supplier.

Refused: The quotes state the guarantee and conditions but do not identify them as Australian Consumer Law section 62.

Unsupported: The Australian Consumer Law section 62

What it rested on
(i) is not fixed by the contract for the supply of the services; or
(ii) is not to be determined in a manner agreed to by the consumer and supplier;
there is a guarantee that the services will be supplied within a reasonable time.

The Australian Consumer Law section 259(2)(a) provides that where a failure can be remedied and is not a major failure, the consumer may require the supplier to remedy the failure within a reasonable time.

Refused: The quotes state the substantive provision but do not identify it as Australian Consumer Law section 259(2)(a).

Unsupported: Australian Consumer Law section 259(2)(a)

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

The Australian Consumer Law section 262(2) defines the rejection period for goods.

Refused: The quote gives subsection (2)'s definition but does not identify it as Australian Consumer Law section 262(2).

Unsupported: Australian Consumer Law section 262(2)

What it rested on
(2) The rejection period for goods is the period from the time of the supply of the goods to the consumer within which it would be reasonable to expect the relevant failure to comply with a guarantee referred to in section 259(1)(b) to become apparent having regard to:

The Australian Consumer Law section 262(2) directs that the rejection period be assessed having regard to the type of goods, the use a consumer is likely to put them to, the length of time it is reasonable for them to be used, and the amount of use it is reasonable for them to be put to before a failure becomes apparent.

Refused: The quotes list the relevant factors but do not mention section 262(2) or tie them to the rejection period.

Unsupported: The Australian Consumer Law section 262(2) directs that the rejection period be assessed

What it rested on
(a) the type of goods; and
(b) the use to which a consumer is likely to put them; and
(c) the length of time for which it is reasonable for them to be used; and
(d) the amount of use to which it is reasonable for them to be put before such a failure becomes apparent.

Kmart states that reasonable time for repair is a 2-year warranty period.

Refused: The quote only states white goods have in-home repair service under a 2-year warranty, not that Kmart states the reasonable time for repair is a 2-year warranty period.

Unsupported: reasonable time for repair is a 2-year warranty period

What it rested on
White goods come with an in-home repair service for faulty or damaged products, under the 2-year warranty period.

Kmart states that reasonable time for repair includes an in-home repair service for faulty or damaged white goods.

Refused: The quote says white goods come with an in-home repair service under warranty, but does not state that reasonable time for repair includes such service.

Unsupported: reasonable time for repair includes

What it rested on
White goods come with an in-home repair service for faulty or damaged products, under the 2-year warranty period.