How does claiming a warranty work when fault reported outside of warranty?

Discussion in 'Money Management & Banking' started by aussieB, 23rd Jun, 2017.

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  1. aussieB

    aussieB Well-Known Member

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    Say a product has a warranty period of 2 years. You start noticing a minor fault and keep video evidence of it. Now, does the manufacturer have to be notified of the fault and seek remedy within the warranty period ? Or does a few weeks after the warranty period work - because the fault really occurred while the product was in warranty ? I cannot find anything dealing with this online - so I thought I'd ask the informed consumers here.

    Cheers,
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Clearly you would make life easier for yourself if you reported it within the warranty period.

    If a fault is serious enough for videoing, why not report it?
    Marg
     
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  3. Lil Skater

    Lil Skater Well-Known Member

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    In my opinion the fault would need to be reported during the warranty period to be covered, regardless of when it happened.

    It's like returning something to a store, regardless of when you decided you didn't want it the store has their own policy and if you go for a refund after this period you may not get it.

    I'd just put through a warranty claim, if they knock it back based on the days chalk it up to a learning lesson - if they cover it, then you're winning.
     
  4. Perthguy

    Perthguy Well-Known Member

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    There are 2 types of warranty. There is the manufacturer warranty and the statutory warranty for all products under Australian Consumer Law (ACL). If you contact a manufacturer of a product outside the manufacturers warranty period there is a good chance they will lie to you and tell you your product is not covered, even though there is a good chance it is covered by the ACL warranty. I am speaking from personal experience here.

    I have had a number of products repaired under the ACL warranty after the manufacturer warranty expired. First was a Toshiba Laptop that developed a fault with the video card 2 years after purchase (12 month warranty) and the second was a Samsung TV that developed 4 serious faults over a 4 year timeframe (12 month warranty).

    This is a summary of the ACL relating to goods:

    Guarantees applying to goods


    A supplier and a manufacturer guarantee that:

    • goods are of acceptable quality

    • goods will match any description provided

    • any express warranties will be honoured.

    A supplier guarantees that a consumer is buying
    goods:

    • that have clear title, unless otherwise stated

    • that do not have undisclosed securities

    • that are fit for any disclosed purpose

    • with a right to undisturbed possession

    • that match the sample or demonstration model provided.

    A manufacturer guarantees the availability of repairs and spare parts (other than for auctioned goods).


    Consumer guarantees applying to goods is set out in full starting on page 12 of this document. It is well worth a read.

    Request Rejected

    If you are approaching a manufacturer of a faulty product outside the warranty period you need to know your rights under ACL and let the manufacturer know that you know your rights.

    TL;DR, just read this link: What to do with a faulty product - Consumer rights and advice - CHOICE
     
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  5. Perthguy

    Perthguy Well-Known Member

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    That's not correct. All goods sold in Australia are by law guaranteed to be of acceptable quality.

    What is acceptable quality?
    Suppliers and manufacturers guarantee that consumer goods are of acceptable quality. This takes into account the type of product, the cost, and any claims made by the seller, such as in advertising or spruiking.

    Acceptable quality means that goods:

    • do everything a consumer reasonably expects
    • have an acceptable appearance and finish
    • are safe, durable and have no defects.
    Durable is subjective and based on the product and the purchase price. For example, if I buy a $500 laptop, I would expect to get a couple of years out of it. However, if I buy a top of the range, $3,500 laptop then I would reasonably expect it to last at least 5 years. I actually did buy a $3,500 laptop which died after around 2 years. I contacted the manufacturer and told them they had sold me a product that was not of acceptable quality under Australian Consumer Law. There are 3 rememdies under ACL, Repair, Refund or Replacement. In my case the manufacturer chose to repair my laptop. 7 years later it is still running great!

    What to do with a faulty product - Consumer rights and advice - CHOICE
     
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  6. Perthguy

    Perthguy Well-Known Member

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    Unsurprisingly, 85% Of Electronics Retailers Ignore Australian Consumer Law: CHOICE

    The vast majority of staff at Australia's major electronics retailers are pretty clueless when it comes to consumer rights, according to a new investigation by CHOICE. The consumer watchdog discovered widespread violations of Australian consumer law across 85 per cent of Harvey Norman, The Good Guys and JB Hi-Fi stores around the country.

    During its investigation, CHOICE visited 80 Harvey Norman, The Good Guys and JB Hi-Fi stores across all Australian states and territories while posing as regular customers inquiring about the return of big ticket items. A whopping 85 per cent of sales staff were found to have limited or no understanding of their obligations under Australian consumer law.


    Read more at 85% Of Electronics Retailers Ignore Australian Consumer Law: CHOICE
     
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  7. Marg4000

    Marg4000 Well-Known Member

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    You do have an implied warranty depending on the type of product and how much you paid. Clearly you would expect a $500 DVD player to last longer than a $49 cheapie.

    I have had items repaired or replaced outside the manufacturers warranty period under this legalisation. One was a VCR player/recorder that died after 14 months, not long after the 12 month warranty expired. The retailer did not want to know me until I said I was taking the case to Fair Trading, at which time they repaired the item free of charge.
    Marg
     
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  8. Ed Barton

    Ed Barton Well-Known Member

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    I'm not sure you can get a Vodka, Coke and Raspberry repaired.

    Yes, that's a drink the kids, mostly girls drink.
     
  9. aussieB

    aussieB Well-Known Member

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    Thanks for replying @Perthguy . I have a robot whose battery broke literally one day out of manufacturers warranty. And a car whose power window motor - though broken way before warranty and recorded on phone - I could only report on the next service which was out of the warranty date. I will see what I can push through here.
    Cheers,
     
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