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It's Mehran here, NSW, not yet, I need to know my rights as…

Customer Question
Hi Pearl It's Mehran...

Hi Pearl It's Mehran here

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to know my rights as a costumer of samsung

Submitted: 11 months ago.Category: Australia Law
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Answered in 2 hours by:
9/11/2017
Solicitor: John Melis, Lawyer replied 11 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,554
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 11 months ago

Dear customer, in relation to your very important question on consumer law:

When goods fail to comply with a consumer guarantee

Division 1 of Pt 3-2 of the Australian Consumer Law (ACL) (which is Sch 2 to the Competition and Consumer Act 2010 (Cth) (CCA)) contains provisions which imply certain warranties, or “consumer guarantees” as they are now called, in transactions involving the supply of goods and services to consumers. This guidance note discusses consumers’ rights when goods fail to comply with a consumer guarantee.

Section 259 of the ACL sets out the rights which a consumer has when goods fail to comply with a consumer guarantee. Those rights differ depending on whether or not the failure is a “major failure” or the goods cannot be repaired.

Section 259(2) of the ACL provides that, in the case of a failure to comply with a consumer guarantee (other than the guarantees as to availability of repair facilities and spare parts, and compliance with an express warranty) which is not a major failure, a consumer may require the supplier to remedy the failure within a reasonable time. If the supplier refuses or fails to comply with the requirement to remedy the failure within a reasonable time, or at all, the consumer may:

have the failure remedied by someone else and recover all reasonable costs incurred by the consumer in having the failure remedied (s 259(2)(b), ACL); or

subject to s 262 of the ACL, notify the supplier that he or she rejects the goods (provided that the rejection period for the goods referred to below has not ended, and the goods haven’t otherwise been lost, destroyed, disposed of or damaged by the consumer) and obtain a refund or replacement.

A consumer may also recover, by action against the supplier, damages for any loss or damage which he or she suffers by reason of the failure to comply with the guarantee, provided that it was reasonably foreseeable that the consumer would suffer such loss and damage as a result of the failure. If the loss or damage is caused only by a cause independent of human control which occurred after the goods left the supplier’s control, the loss will not be recoverable

If a consumer requires a supplier to remedy a non-major failure, the supplier may choose to repair the goods, replace them with goods of an identical type or refund the moneys paid or an amount equal to the consideration provided by the consumer. If the failure relates to title in the goods, the supplier must cure the defect in title or replace the goods or provide a refund.

When services fail to comply with a consumer guarantee

Division 1 of Pt 3-2 of the Australian Consumer Law (ACL) (which is Sch 2 to the Competition and Consumer Act 2010 (Cth) (CCA)) contains provisions which imply certain warranties, or “consumer guarantees” as they are now called, in transactions involving the supply of goods and services to consumers. This guidance note discusses consumers’ rights when services fail to comply with a consumer guarantee.

Section 267 of the ACL sets out the rights which a consumer has when services fail to comply with a consumer guarantee. Those rights differ depending on whether or not the failure is a “major failure”

In the case of a failure to comply with a consumer guarantee which is not a major failure, the consumer may require the supplier to remedy the failure within a reasonable time. If the supplier refuses or fails to comply with this requirement within a reasonable time, the consumer may:

have the failure remedied by someone else, and, by action against the supplier, recover all reasonable costs incurred by the consumer in having the failure so remedied;

or

terminate the contract for the supply of the services.

A consumer can require a supplier to remedy a failure to comply with a guarantee within a reasonable time.

Where a failure to comply with a guarantee, other than the guarantee to supply services with due care and skill, has occurred only because of an act, default, omission or representation by a person other than the supplier or its agents or employees, or has only occurred due to a cause independent of human control that occurred after the services were supplied, a consumer cannot exercise any of the rights or take action against a supplier as described above.

A consumer may also recover, by action against the supplier, damages for any loss or damage which he or she suffers by reason of the failure to comply with the guarantee, provided that it was reasonably foreseeable that the consumer would suffer such loss and damage as a result of the failure.

In the case of a failure to comply with a consumer guarantee which is a major failure, a consumer may:

terminate the contract for the supply of services; or

by action against the supplier, recover compensation for any reduction in the value of the services below the price paid or payable by the consumer for the services.

As is the case with a non-major failure, where a failure to comply with a guarantee, other than the guarantee to supply services with due care and skill, has occurred only because of an act, default , omission or representation by a person other than the supplier or its agents or employees, or has only occurred due to a cause independent of human control that occurred after the services were supplied, a consumer cannot exercise any of the rights or take action against a supplier as described above.

Also as is the case with a non-major failure, a consumer may also recover, by action against the supplier, damages for any loss or damage which he or she suffers by reason of the failure to comply with the guarantee, provided that it was reasonably foreseeable that the consumer would suffer such loss and damage as a result of the failure.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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