Australian Consumer Law

Do I have any rights after the manufacturer's/service provider's express warranty has expired?

Automatic Consumer Guarantees

Under the Australian Consumer Law (ACL), automatic consumer guarantees apply to many products and services you buy regardless of any other warranties suppliers sell or give to you.

However, it is still important to understand how these warranties apply to goods or services you buy.

All may not be lost if your express warranty has expired

For example:

A warranty against defects is provided in addition to the automatic consumer guarantees and does not limit or replace them.

This means that if you buy a motor vehicle that comes with a three-year or 100,000 km written express warranty outlining what the manufacturer will do if there are certain problems with the vehicle, and a defect becomes apparent outside of the time/usage provided for in the express warranty (that is, 3 years and 1 month, or 105,000 km) there is still a possibility that the automatic consumer guarantees apply!

If you need assistance to understand your rights under Australian Consumer Law, we recommend that you consider the following and seek advice from our legal team.

Source: ACCC website. Further information about warranties can be found here.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What products and services are automatically protected/guaranteed under Australian Consumer Law (ACL)?

What products and services are automatically protected/guaranteed?

Businesses must guarantee products and services they sell, hire or lease for:

  • under $40,000; or
  • over $40,000 that are normally bought for personal or household use.

For goods or services supplied from 1 July 2021, the threshold amount will increase to $100,000.

Business vehicles and trailers are also covered, irrespective of cost, provided they are used mainly to transport goods.

Businesses must provide these automatic guarantees regardless of any other warranties they give to you or sell you.

If a business fails to deliver any of these guarantees, you have consumer rights for:

Source: ACCC website.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

What Automatic Consumer Guarantees apply for products and services covered by Australian Consumer Law (ACL)?

Automatic Consumer guarantees on products and services

Since 1 January 2011, the following consumer guarantees on products and services apply.

Products must be of acceptable quality, that is:

  • safe, lasting, with no faults;
  • look acceptable; and
  • do all the things someone would normally expect them to do.

Acceptable quality takes into account what would normally be expected for the type of product and cost.

Products must:

  • match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising;
  • match any demonstration model or sample you asked for;
  • be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing;
  • come with full title and ownership;
  • not carry any hidden debts or extra charges;
  • come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them;
  • meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers; and
  • have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.

Services must:

  • be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
  • be fit for the purpose or give the results that you and the business had agreed to; and
  • be delivered within a reasonable time when there is no agreed end date.

Consumer guarantees on products and services also apply to:

  • bundled products and services;
  • gifts with proof of purchase;
  • sale items;
  • online products and services bought from Australian businesses; and
  • second-hand products from businesses, taking into account age and condition.

Exceptions do apply.

Source: ACCC website.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.