Spare parts
16 established claims - 14 refused by the grounding gate
Documented position8
What the body that runs or defines the thing says in its own documentation.
Spare parts do not have to be provided by manufacturers and their local authorised sellers under warranties for parallel imports if the terms of the warranty exclude them.
1 quote from 1 source
Manufacturers and their local authorised sellers do not have to honour warranties or provide support or spare parts under warranties for parallel imports, if the terms of the warranty exclude them.
- Selling parallel imports | ACCC accc.gov.au
The ACCC states that unavailability of spare parts or repair facilities is the only situation in which the business that sold the product can direct the consumer to contact the manufacturer instead.
1 quote from 1 source
The only exception to this is where the problem with the product is that spare parts or repair facilities are not available a reasonable time after purchase. In this situation, the business who sold you the product can direct you to contact the manufacturer instead.
- Consumer rights and guarantees | ACCC accc.gov.au
Australian Consumer Law section 58(1)(b) excludes the repairs and spare parts guarantee where the supply occurs by way of sale by auction.
3 quotes from 1 source
58 Guarantee as to repairs and spare parts
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the manufacturer of the goods will take reasonable action to ensure that facilities for the repair of the goods, and parts for the goods, are reasonably available for a reasonable period after the goods are supplied.
Consumer Affairs Victoria states that it…
- may not be reasonable to expect that spare parts for an inexpensive children's toy are available at all.
- would be reasonable to expect tyres for a new car to be available for a number of years after purchase.
2 quotes from 1 source
would be reasonable to expect that tyres for a new car will be available for a number of years after its purchase
may not be reasonable to expect that spare parts for an inexpensive children's toy are available at all.
- Product cannot be repaired - Consumer Affairs Victoria consumer.vic.gov.au
Consumer Affairs Victoria states that the costs a consumer can recover from the manufacturer for a failure to comply with the repairs and spare parts guarantee include an amount for reduction in the product's value.
1 quote from 1 source
A consumer can recover costs from the manufacturer, including an amount for reduction in the product's value and, in some cases, compensation for damages or loss for a failure to comply with this guarantee.
- Product cannot be repaired - Consumer Affairs Victoria consumer.vic.gov.au
The Productivity Commission concluded it does not consider the current drafting of Australian Consumer Law section 58 to be a significant barrier to repair.
1 quote from 1 source
the Commission does not consider the current drafting of this provision (s. 58) to be a significant barrier to repair.
The Productivity Commission recommended requiring manufacturer warranties to include text stating that entitlement to a remedy under the consumer guarantees does not require consumers to have previously used authorised repair services or spare parts.
1 quote from 1 source
requiring manufacturer warranties to include text stating that entitlements to a remedy under the consumer guarantees do not require consumers to have previously used authorised repair services or spare parts, so that consumers are more aware of their rights.
Measured finding1
Something someone actually measured, with the method attached.
Practical effect3
What is observed to happen in practice, as distinct from what is documented.
The Productivity Commission reported that the ACCC noted it received almost 100 000 contacts relating to the Australian Consumer Law.
1 quote from 1 source
The ACCC noted that it received almost 100 000 contacts relating to the ACL
The Productivity Commission reported that Legal Aid Queensland stated it had not seen any clients attempting to rely on the guarantee of available repair facilities and spare parts.
1 quote from 1 source
Legal Aid Queensland stated that it had not seen any clients attempting to rely on the guarantee of available repair facilities and spare parts
The Productivity Commission found limited case law relating to the spare part guarantee.
1 quote from 1 source
Furthermore, the Commission found limited case law relating to the spare part guarantee.
Changed on1
A dated change. This is where advice quietly stops being true.
Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law.
1 quote from 1 source
Products and services bought before 1 January 2011 aren't covered by the current Australian Consumer Law.
- Consumer rights and guarantees | ACCC accc.gov.au
Disputed between sources1
Sources that do not agree, presented without picking a winner.
The ACCC says the manufacturer or importer must provide spare parts and repair facilities for a reasonable time.
4 quotes from 2 sources
When a consumer buys a product, the manufacturer or importer must provide spare parts and repair facilities for a
s. 58(1) provides that there is a guarantee that the manufacturer
will take reasonable action to ensure that facilities for repair, and parts for the product, are
reasonably available for a reasonable period after the product is supplied.
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.
- Sprintlaw asserts that manufacturers must ensure reasonable availability of spare parts and repair facilities for a reasonable time.
- Sprintlaw asserts that a business that knows parts will not be available should disclose this clearly before sale.
1 quote from 1 source
Manufacturers must ensure reasonable availability of spare parts and repair facilities for a reasonable time. If you know parts won't be available, disclose this clearly before sale.
Refused14
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 Productivity Commission describes the provision that the ACCC says requires the manufacturer or importer to provide spare parts and repair facilities as a guarantee only that the manufacturer will take reasonable action to ensure spare parts are reasonably available.
Refused: The Productivity Commission quote only states s 58(1) provides a guarantee that the manufacturer, while the 'reasonable action' and 'only' characterization is not attributed to it in the cited quotes.
Unsupported: The Productivity Commission describes ... as a guarantee only that the manufacturer will take reasonable action
What it rested on
When a consumer buys a product, the manufacturer or importer must provide spare parts and repair facilities for a
s. 58(1) provides that there is a guarantee that the manufacturer
will take reasonable action to ensure that facilities for repair, and parts for the product, are
reasonably available for a reasonable period after the product is supplied.
The ACCC states that an express warranty may be about the availability of servicing, parts or identical replacements.
Refused: The cited quote provides only the phrase 'the availability of servicing, parts or identical replacements' and does not state that ACCC says an express warranty may be about it.
Unsupported: express warranty may be about
The ACCC states, regarding spare parts, that the manufacturer or importer must provide spare parts for a reasonable time after purchase even if the consumer did not buy the goods directly from the manufacturer or importer.
Refused: The quotes do not include the phrase 'reasonable time after purchase'; the first quote is cut off at 'for a' and the second only supports the direct-purchase point.
Unsupported: for a reasonable time after purchase
What it rested on
When a consumer buys a product, the manufacturer or importer must provide spare parts and repair facilities for a
This applies even if the consumer did not buy the goods directly from the manufacturer or importer.
The ACCC states, regarding spare parts, that the manufacturer or importer must provide repair facilities for a reasonable time after purchase even if the consumer did not buy the goods directly from the manufacturer or importer.
Refused: The first quote is truncated before stating any time period, so it does not establish the 'reasonable time after purchase' requirement.
Unsupported: for a reasonable time after purchase
What it rested on
When a consumer buys a product, the manufacturer or importer must provide spare parts and repair facilities for a
This applies even if the consumer did not buy the goods directly from the manufacturer or importer.
Australian Consumer Law section 58(1) provides a guarantee that the manufacturer of goods will take reasonable action to ensure that repair facilities and parts for the goods are reasonably available for a reasonable period after supply.
Refused: The quotes state the guarantee under section 58 but do not identify it as Australian Consumer Law section 58(1).
Unsupported: Australian Consumer Law section 58(1)
What it rested on
58 Guarantee as to repairs and spare parts
there is a guarantee that the manufacturer of the goods will take reasonable action to ensure that facilities for the repair of the goods, and parts for the goods, are reasonably available for a reasonable period after the goods are supplied.
Australian Consumer Law section 58(2) removes the repairs and spare parts guarantee where the manufacturer took reasonable action to ensure the consumer was given written notice, at or before agreeing to the supply, that parts or repair facilities would not be available or would not be available after a specified period.
Refused: The quotes support a section 58 exception for parts, but do not cite subsection (2) or mention repair facilities.
Unsupported: section 58(2) and repair facilities
What it rested on
58 Guarantee as to repairs and spare parts
This section does not apply if the manufacturer took reasonable action to ensure that the consumer would be given written notice, at or before the time when the consumer agrees to the supply of the goods, that:
(b) parts for the goods would not be available or would not be available after a specified period.
Consumer Affairs Victoria states that where a manufacturer does not have an office in Australia the importer takes on the repairs and spare parts responsibilities.
Refused: The quote states the importer takes on 'these responsibilities' but does not specify that they are repairs and spare parts responsibilities.
Unsupported: repairs and spare parts responsibilities
What it rested on
If the manufacturer does not have an office in Australia, the importer takes on these responsibilities.
Consumer Affairs Victoria states that spare parts or repairs being unavailable is a major problem where a reasonable consumer would not have bought the product had they known beforehand that spare parts or repairs would not be available.
Refused: The quote supports the consumer-would-not-have-bought condition but does not state or clearly entail that this situation constitutes a 'major problem.'
Unsupported: is a major problem
What it rested on
a reasonable consumer would not have bought it if they had known beforehand that spare parts or repairs would not be available.
Consumer Affairs Victoria states that a consumer can recover costs from the manufacturer for a failure to comply with the repairs and spare parts guarantee.
Refused: The quote supports recovering costs for 'this guarantee' but does not identify it as the repairs and spare parts guarantee.
Unsupported: the repairs and spare parts guarantee
What it rested on
A consumer can recover costs from the manufacturer, including an amount for reduction in the product's value and, in some cases, compensation for damages or loss for a failure to comply with this guarantee.
Sprintlaw asserts that a business that outsources spare parts repairs to the manufacturer remains responsible under the Australian Consumer Law.
Refused: The quote supports responsibility under the ACL when using a repair partner, but does not specify spare parts repairs or that the repair partner is the manufacturer.
Unsupported: outsources spare parts repairs to the manufacturer
What it rested on
You're still responsible under the ACL. Make sure your repair partner's timeframes and communications align with your policy. Where delays become unreasonable, be ready to offer a replacement or refund.
Sprintlaw asserts that a business that outsources spare parts repairs to the manufacturer should be ready to offer a replacement or refund where delays become unreasonable.
Refused: The quote only mentions a 'repair partner,' not that the outsourced repairs are spare parts repairs sent to the manufacturer.
Unsupported: outsources spare parts repairs to the manufacturer
What it rested on
You're still responsible under the ACL. Make sure your repair partner's timeframes and communications align with your policy. Where delays become unreasonable, be ready to offer a replacement or refund.
The Productivity Commission reported that the ACCC submitted that the low cost of spare parts repair relative to providing a refund or replacement gave manufacturers a strong incentive to maintain some form of repair facility available to Australian consumers.
Refused: The cited quotes end at 'maintain some form' and do not state that the repair facility was available to Australian consumers.
Unsupported: available to Australian consumers
What it rested on
The ACCC submitted that the low cost of repair relative to providing a
refund or replacement provided a strong incentive for manufacturers to maintain some form
The ACCC submitted that the low cost of spare parts repair relative to providing a refund or replacement gave manufacturers a strong incentive to maintain some form of repair facility available to Australian consumers.
Refused: The quotes support ACCC's submission about low-cost repair versus refund/replacement, but do not state 'spare parts' or that the maintained repair facility is available to Australian consumers.
Unsupported: spare parts repair facility available to Australian consumers
What it rested on
The ACCC submitted that the low cost of repair relative to providing a
refund or replacement provided a strong incentive for manufacturers to maintain some form
The Productivity Commission reported that the ACCC submitted that in its experience few manufacturers give the written notice that removes the spare parts guarantee.
Refused: The quotes say 'few manufacturers provide such notice' but do not specify that the notice is the written notice that removes the spare parts guarantee.
Unsupported: the written notice that removes the spare parts guarantee
What it rested on
the ACCC submitted that in its
experience 'few manufacturers provide such notice'