Consumers have recourses to claim on faulty merchandise

EVER returned something purchased recently that doesn’t work and been given the run around? “Sorry – you will need to contact the manufacturer”; “... the warranty expired last week”; “... you must have the receipt” etc.

You need to be aware of your rights under the Australian Consumer Law when you discuss a warranty claim. The store you bought the product from must deal with your warranty claim. That store is deemed to have provided a warranty that the product is without defect, fit for its intended purpose, in working order and will last a reasonable time.

More information on these deemed is the principal at Conrad Law in Townsville, specialising in business and succession law warranties can be found on the ACCC website.

If you buy something that should last for 10 years and it stops working after 12 months and two days, the store you bought it from must address the problem. If the problem is minor, you must accept a free repair if the store offers that – provided the repair is undertaken within a reasonable time. If they do not or cannot fix the problem, you can ask for a refund or replacement.

A product has a major problem when the problem would have stopped someone buying it if they had known about, if it is unsafe, if it is significantly different from the sample or description or if it doesn’t do what it should do and can’t easily be fixed.

If you have not kept the receipt, that is not the end of the matter. Many stores track your purchases under loyalty programs or by asking you for your phone number and/ or address.

They can easily look up your purchase if so — and should if you ask. If you used a credit card, they can usually confirm your purchase in their own computer systems with the purchase date and card reference number.

If the store refuses and the item was expensive, get legal advice about making a consumer claim. Some law firms offer an inexpensive brief consultation. If it is not worth that time and expense, threaten to make a complaint to the ACCC. Also, make sure you ask for the name of the person you are dealing with. That usually focuses their mind more on doing the right thing.