Most people have an idea of what to do if they are injured in an auto accident or in a slip and fall, but what happens if you are injured by a product? Do you know your rights as a consumer?
Schedule 1 of the Competition and Consumer Act, 2010, spells out your rights as a consumer through a series of “consumer guarantees.” Not only are you entitled to replacement, repair or refund of a faulty product, you are also entitled to compensation for loss or personal damages.
The Australian Consumer Law, enacted on 1 January 2011, guarantees any services or goods costing up to $40,000, any services or goods costing more than $40,000 if they are normally used for domestic, personal or household purposes or any trailer or vehicle regardless of cost.
All products must be of what the law deems “acceptable quality.” This means that the product is lasting, safe and with no faults. In addition, it must look acceptable and do everything that one would reasonably expect it to do. Standards for “acceptable quality” cover whatever the product would be normally expected to do considering its cost and type of product.
Products must match all descriptions in promotion, advertising, on labels or packaging and by the salesperson. Also, they must be the same as the sample or demonstration model. In addition, they must come with full ownership and title, without any extra charges or hidden debts and they must come with what is known as “undisturbed possession.” This means that nobody has the right to take the product from you or prevent you from using it.
If any extra promises are made, such as a lifetime guarantee or money back offer, they must be executed. In addition, repair facilities and spare parts must be made available for “a reasonable length of time” after purchase, unless a lack thereof is stipulated as part of the purchase.
Call the Professionals
Consumer laws are there to protect you and to ensure that you get what you are paying for. However, that doesn’t always happen. If you have purchased a faulty product and been injured, or simply have not received satisfactory action from the manufacturer, please call our compensation lawyers today: 1300 738 303.