Do they have to keep spare parts available?
16 quoted answers, each with its source
The short answer
Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law. Under that law, a manufacturer or importer must take reasonable action to ensure repair facilities and spare parts are reasonably available for a reasonable period after supply, except where the supply is by sale by auction; if the only problem is that spare parts or repair facilities are not available a reasonable time after purchase, the seller may direct the consumer to the manufacturer instead. A consumer can recover costs from the manufacturer for a failure to comply with this guarantee, including an amount for reduction in the product's value and in some cases compensation for damages or loss; manufacturers and their local authorised sellers do not have to provide spare parts under warranties for parallel imports if the warranty terms exclude them. What counts as a reasonable time is not fixed: Consumer Affairs Victoria says it may be reasonable to expect tyres for a new car to be available for a number of years, while it may not be reasonable to expect spare parts for an inexpensive children's toy to be available at all, and the Productivity Commission found limited case law on the spare part guarantee but concluded the current drafting of section 58 is not a significant barrier, while also finding significant and unnecessary barriers to repair for some products.
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.
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.
Often said, but we could not find it in the rules2
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.
- 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.