Repairs and Spare Parts

Section 58 of the ACL guarantees a manufacturer will take reasonable action to ensure that facilities for the repair of the goods, and parts for the goods, are reasonably available.

This guarantee can also apply to retailers in some cases.

It is difficult to know what action can be taken against the retailer if this guarantee is not honoured, apart from suing for damages.

An action for damages can also be brought against the manufacturer (s271(5)) but often this is not practical.

You should seek specific legal advice before commencing private legal action in relation to this statute.

Express warranties

An express warranty is a warranty which expressly states a good will last for a certain period of time.

Under Section 59 of the ACL any express warranties given by the retailer or the manufacturer must be honoured.

This applies to, for example, the 12-month warranty. That must be honoured but it is in addition to the rights provided by the ACL. It is not a substitution for those rights.

The same applies to an extended warranty that is purchased by the consumer.

If you have purchase a product that came with a warranty and feel it has been breached Tasmania’s Consumer Building and Occupation Services may be able to assist.