Fair trading qld contracts
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Sellers are responsible for fixing goods under statutory guarantees including transportation costs, but consumers need to return goods to the place of purchase. Most sellers state that they will repair any faults within one year of purchase. The ACL has not placed a specific time limit on making warranty claims, as some products would be expected to last more than one year.
Accordingly, purchasing extended warranties guarantees may provide no greater protection than what the ACL provides. A warranty applies to all repair work that must be carried out with due skill and diligence.
If repair work is unsatisfactory, the seller must be given first right to fix the problem before the buyer goes elsewhere. It is possible to make a claim for repairs by a third party not the seller if the seller has been given a reasonable time to repair goods and has failed to do so. It is prudent to let the seller know in writing that you intend to take the goods elsewhere for repair, detailing how the seller has failed to make repairs in a satisfactory manner.
If a serious fault develops, consumers should ask to cancel the contract and obtain a refund on the basis of a total failure of consideration and obtain damages. Any linked contract to supply services is also cancelled e. If a guarantee for the supply of services is seriously breached, the consumer can terminate the contract and any linked goods contract. If changes are made to a contract after 12 November , the law only applies to the changed terms. When a term of a contract is found to be unfair, the term is void as if it never existed.
The contract is still valid to the extent that it can operate without that term. A term on its own may seem unfair. However, the term may be reasonable when it is looked at as a part of the whole contract. Unfair contract terms guide We have published a series of guides to help businesses understand key parts of the Australian Consumer Law ACL. The ACL unfair contract terms guide gives more details about the rules for contract terms.
You can access your free copy by following the links below. Order a hard copy. If you're involved in any type of business, you should read the Smart Business Bulletin.
It can help you make your business a success with:. Small business self-assessment checklist This checklist will help you ensure your business is following the law. You can find about the Australian Consumer Law, your rights and responsibilities when dealing with customers and where to get more information.