GuaranteesOnRecord

All subjects

Repair

21 established claims - 10 refused by the grounding gate

Documented position12

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

#

The ACCC states that businesses must give consumers a repair notice before repairing a product that can store user data.

other
1 quote from 1 source
Businesses must give consumers a repair notice before repairing a product that can store user data.
#

The ACCC states that…

  • repair notices must be in writing.
  • showing the consumer a sign or directing the consumer to information on a website is not enough for a repair notice.
other
2 quotes from 1 source
Repair notices must be in writing.
It isn’t enough to show the consumer a sign or direct them to information on a website.
#

The ACCC states that repair notice rules apply to…

  • all products under $100,000.
  • products over $100,000 that are normally bought for personal or household use.
other
3 quotes from 1 source
Repair notice rules apply to all products that are:
under $100,000
over $100,000 that are normally bought for personal or household use.
#

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.
#

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.
#

The Australian Consumer Law provides that a supplier required to remedy a failure to comply with a guarantee may comply by…

  • repairing the goods.
  • replacing the goods with goods of an identical type.
other
3 quotes from 1 source
the supplier may comply with the requirement:
if the failure does not relate to title—by repairing the goods; or
by replacing the goods with goods of an identical type; or
#

Consumer Affairs Victoria states that it is generally the store or seller's responsibility to return products to the manufacturer for repair.

other
1 quote from 1 source
Generally, it is the store or seller's responsibility to return products to the manufacturer for repair. This may include products that are under warranty.
#

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.

other
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.

Measured finding3

Something someone actually measured, with the method attached.

#
  • CHOICE called 29 JB Hi-Fi stores regarding repair.
  • CHOICE reported that salespeople in 24 of the 29 JB Hi-Fi stores it called regarding repair misrepresented consumer rights.
other
1 quote from 1 source
We found that salespeople in 24 of the 29 (83%) JB Hi-Fi stores we called misrepresented our consumer rights, telling us things like, “If it’s over two years, you have to pay for the repairs yourself.”

Practical effect1

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

#

The ACCC's guide for businesses and legal practitioners records that the representations for which Hewlett-Packard was penalised included that consumers were required to have their product repaired multiple times before they were entitled to a replacement.

medium confidenceother
2 quotes from 1 source
consumers were required to have their product repaired multiple times before they were entitled to a replacement
Legal reference: ACCC v Hewlett-Packard [2013] FCA 653

Disputed between sources3

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

#

On the matter of repair…

  • the ACCC states that a business does not have to offer a replacement or refund for a minor problem.
  • CHOICE states that for a major fault with a product a retailer must offer to replace, repair or refund.
medium confidenceother
3 quotes from 2 sources
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
According to the ACL, a retailer must offer to replace, repair or refund your money in the case of a major fault with a product.
the retailer must offer to fix it, replace it or give you your money back – the choice of remedy is yours
#

The ACCC states that a business must not tell consumers to take their repair to the manufacturer or importer.

medium confidenceother
2 quotes from 2 sources
Businesses must not tell consumers to take the problem to the manufacturer or importer.
Some salespeople told us misleading things including, “After the manufacturer’s warranty there’s nothing we can do, it’s out of our hands.”

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.

#

Kmart's consumer guarantee returns policy states that if the failure is minor Kmart reserves its right to offer to repair only.

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

JB Hi-Fi salespeople told CHOICE that if a product is over two years old the customer has to pay for the repairs themselves.

other
1 quote from 1 source
We found that salespeople in 24 of the 29 (83%) JB Hi-Fi stores we called misrepresented our consumer rights, telling us things like, “If it’s over two years, you have to pay for the repairs yourself.”

Refused10

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

On the matter of repair, CHOICE states that for a major fault with a product the choice of remedy is the consumer's.

Refused: The CHOICE quote says the retailer must offer replace, repair or refund for a major fault, but the statement that the choice of remedy is the consumer's comes from the ACCC quote, not CHOICE.

Unsupported: CHOICE states that for a major fault with a product the choice of remedy is the consumer's

What it rested on
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
According to the ACL, a retailer must offer to replace, repair or refund your money in the case of a major fault with a product.
the retailer must offer to fix it, replace it or give you your money back – the choice of remedy is yours

A Harvey Norman salesperson told CHOICE that after the manufacturer's warranty, there is nothing the store can do about the repair.

Refused: The CHOICE quote says 'some salespeople' told them this, but does not specifically identify a Harvey Norman salesperson.

Unsupported: Harvey Norman

What it rested on
Businesses must not tell consumers to take the problem to the manufacturer or importer.
Some salespeople told us misleading things including, “After the manufacturer’s warranty there’s nothing we can do, it’s out of our hands.”

The ACCC states that a repair notice covering refurbished goods or parts must include specific wording that goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.

Refused: The quote provides the specified wording but does not state that a repair notice must include it.

Unsupported: must include

What it rested on
"Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods."

The Australian Consumer Law provides that a supplier required to remedy a failure to comply with a guarantee may comply by refunding.

Refused: The cited quotes state the supplier may comply by repairing or replacing, but do not mention refunding.

Unsupported: by refunding

What it rested on
the supplier may comply with the requirement:
if the failure does not relate to title—by repairing the goods; or
by replacing the goods with goods of an identical type; or

Consumer Affairs Victoria states that when a product has a minor problem, the store may choose to replace the product.

Refused: The quotes say the store chooses whether to repair, but they do not state it may choose to replace or mention a minor problem.

Unsupported: may choose to replace the product

What it rested on
Consumers must give the supplier the chance to fix the problem. The store chooses whether to:
repair the product within a reasonable time, or

Consumer Affairs Victoria states that when a product has a minor problem, the store may choose to repair the product.

Refused: The quotes state the store chooses to repair for a problem, but do not mention a minor problem.

Unsupported: minor problem

What it rested on
Consumers must give the supplier the chance to fix the problem. The store chooses whether to:
repair the product within a reasonable time, or

Consumer Affairs Victoria states that when a product has a minor problem, the store may choose to refund the product.

Refused: The quotes state the store chooses whether to repair but do not mention refunds or minor problems.

Unsupported: the store may choose to refund the product

What it rested on
Consumers must give the supplier the chance to fix the problem. The store chooses whether to:
repair the product within a reasonable time, or

A Harvey Norman salesperson told CHOICE that after the manufacturer's warranty there is nothing the store can do because it is out of their hands.

Refused: The quote says some salespeople told CHOICE this, but it does not identify any as from Harvey Norman.

Unsupported: A Harvey Norman salesperson

What it rested on
Some salespeople told us misleading things including, “After the manufacturer’s warranty there’s nothing we can do, it’s out of our hands.”

CHOICE reports that in a mystery shop of 80 Harvey Norman, JB Hi-Fi and The Good Guys stores, more than seven in ten stores actively misrepresented a consumer's right to repair if their product developed a fault outside the warranty period.

Refused: The quotes say stores misrepresented consumers' rights to a remedy, not specifically a right to repair.

Unsupported: right to repair

What it rested on
Last year, we mystery-shopped 80 Harvey Norman, JB Hi-Fi and The Good Guys stores across the country.
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.

CHOICE called 26 Harvey Norman stores about repair.

Refused: The quote confirms CHOICE called 26 Harvey Norman stores but does not state the calls were about repair.

Unsupported: about repair

What it rested on
We called 26 Harvey Norman stores, 18 of which (69%) misrepresented our consumer rights.