Purchased goods on sale recently? Read on for more details on the protection for products you may have bought.

As the end of the financial year is again upon us, you may have been tempted to purchase goods on sale.

That is all well and good if it was something that you really needed and if the reduced price was not due to the goods being faulty in some way.

Did you know that for any product you purchase, the law provides for comprehensive warranty protection? For goods, the retailer is obliged to repair, replace or refund the faulty goods.

For services, the retailer is obliged to redo the service or pay for the costs of having the service supplied again.

These warranties are often known as statutory or implied warranties.

Knowing your warranty rights will help you better decide whether, for example, you need to spend extra money buying an extended warranty and will also give you more confidence in returning faulty goods.

Consumer advocate CHOICE magazine provides excellent general information on statutory warranties/guarantees.

What you need to know about a statutory warranty:

• It’s free.
• Automatically applies: By law it applies to virtually every purchase of goods or services, regardless of any manufacturer’s warranty or any extended warranty you may purchase.
• No specified time limit: It’s not limited to a pre-determined time-period.
• Comprehensive protection: It provides comprehensive protection for goods if they break down or don’t do what you’d reasonably expect of them. For services, if they’re not of a standard you’d expect of a person in the particular trade or profession.
• You are entitled to repair, refund or replacement for goods or getting the job redone for services: You, the customer, are entitled to a solution which puts you in the same situation as if the problem had never happened. For goods this may mean repair, refund or replacement. For services, it may be to have the job being redone or you being paid for the costs of having it redone.
• Follow up with retailer: You only have to follow it up with the retailer – no running around to manufacturers or special repairers.

What protection does a statutory warranty give me?

For GOODS, basic statutory warranty rights include that the goods are:

Of merchantable or acceptable quality — work the way you’d expect them to, given the price and how the goods are described. Goods should not have any hidden defects. If any exist, they should be pointed out prior to sale.

Fit for purpose — does the job the customer told the retailer, or that is implied.

Matches description or sample — must match any sample presented either in person, on the labelling or packaging, or in any ads.

For SERVICES basic statutory warranty rights include that the:

Service must be carried out with due care and skill — the work should be of a standard you’d expect of a person in the particular trade or profession.

Materials supplied in connection with the service must be reasonably fit for the purpose for which they are supplied — they must achieve the result the customer wants.

Other warranties you many have

There are two other main types of warranties — manufacturers’ warranties and extended warranties. While these may be more familiar, the protections they provide are limited.

There are pre-determined time limits: Manufacturers warranties are subject to pre-determined time limits (often 12 months), meaning you can miss out on getting protection.

You may be required to contact the manufacturer: Manufacturers warranties and extended warranties often require the customer to contact the manufacturer, or someone else, who you generally haven’t bought the goods or services from, rather than being able to return to your retailer, which is often more convenient.

Extended warranties can be expensive: Although the cover you get often overlaps with what you should reasonably be able to claim under statutory warranty, and with an extended warranty you pay a significant additional cost for this ‘privilege’.

CHOICE recommends you think twice about whether you need to buy an extended warranty. You should feel confident that the statutory warranty is likely to protect you in the event that the product you purchase breaks down or doesn’t work in a way that you’d reasonably expect. If you’re unsure, ask the retailer, or call up your state or territory fair trading office for more details.

Important: You should always keep hold of receipts, and store them somewhere easy to retrieve. Photocopying or scanning receipts may be a good way to ensure that if they fade you still have a receipt you can provide to the retailer.

To exercise your warranty rights, you need to contact the retailer and explain the problem.

You should contact the store where you purchased the goods or service. You should explain, either in person or in writing, what the problem is and why you are dissatisfied with the goods or service.

You should then suggest the solution that you would prefer – repair, replace, refund or for services, have it redone. Ideally, you should be able to come to a mutual agreement with the retailer about the solution, based on your preference. You are entitled to a solution which puts you in the same situation as if the problem had never happened. For goods this may mean repair, refund or replacement. For services, you can ask for the job to be redone or to be paid for the costs of having it redone.

If the retailer is unable to meet your wishes it is reasonable to try and negotiate a solution acceptable to you.

When you choose to have a product repaired, or replaced, the retailer should offer the customer a temporary replacement till the product is fixed, or the replacement has been provided, to cover any inconvenience.

If the retailer requires you to send the product to be repaired, replaced or refunded, the retailer should cover this cost.

If you are dissatisfied with the retailer’s response, you can take your complaint to the next level. Ask whether more senior staff at the retailer can review your situation.

If the complaint is still not resolved, contact the relevant state/territory consumer protection body of Fair Trading and Consumer Affairs.

These agencies consider customer complaints and try to resolve them through conciliation with the trader. If they are unable to help, you may need to take your problem to the small claims court - the agency will explain how.

In NSW, contact details are:

Office of Fair Trading

Phone: 13 32 20

TTY: 1300 723 404

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Web: http://www.fairtrading.nsw.gov.au

For more information on warranty rights, go CHOICE magazine online at www.choice.com.au and click on their Consumer Action tab. Follow the links to Consumer Protection and then Warranty Rights and Wrongs (and other warranty topics).