TRADE PRACTICES (AUSTRALIAN CONSUMER LAW) AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 280 OF 2010) - SCHEDULE 3 Amendment commencing on 1 January 2012
TRADE PRACTICES (AUSTRALIAN CONSUMER LAW) AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 280 OF 2010) - SCHEDULE 3
Amendment commencing on 1 January 2012
[1] After regulation 89
insert
90 Requirements for warranties against defects
(1) For subsection 102 (1) of the Australian Consumer Law, the following requirements are prescribed:
(a) a warranty against defects must be in a document that is transparent;
(b) a warranty against defects must concisely state:
(i) what the person who gives the warranty must do so that the warranty may be honoured; and
(ii) what the consumer must do to entitle the consumer to claim the warranty;
(c) a warranty against defects must include the text mentioned in subregulation (2);
(d) a warranty against defects must prominently state the following information about the person who gives the warranty;
(i) the person's name;
(ii) the person's business address;
(iii) the person's telephone number;
(iv) the person's email address (if any);
(e) a warranty against defects must state the period or periods within which a defect in the goods or services to which the warranty relates must appear if the consumer is to be entitled to claim the warranty;
(f) a warranty against defects must set out the procedure for the consumer to claim the warranty including the address to which a claim may be sent;
(g) a warranty against defects must state who will bear the expense of claiming the warranty and if the expense is to be borne by the person who gives the warranty -- how the consumer can claim expenses incurred in making the claim;
(h) a warranty against defects must state that the benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates.
(2) For paragraph (1) (c), the text is 'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure'.