Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)
Chapters 4 to 6: Offences, enforcement and remedies – Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)

Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2) s259-263: ss 259 to 266 Remedy consumer guarantee failures for goods: repair, replace or refund, and honour rejection on a major failure

When goods supplied to a consumer fail a consumer guarantee, the supplier must, on the consumer's request, remedy a failure that is not major within a reasonable time by curing title, repairing, replacing with an identical type or refunding (ss 259(2) and 261); if it refuses or delays, the consumer may have the failure fixed elsewhere at the supplier's cost or reject the goods. For a failure that cannot be remedied or is major (goods a reasonable consumer would not have bought knowing the failure, significant departure from description or sample, substantial unfitness not easily remedied, or unsafe, or several failures together; s 260), the consumer may reject the goods or claim compensation for reduced value. On a valid rejection the supplier must, as the consumer elects, refund the price and other consideration in money (not store credit) or replace with goods of the same type and similar value if reasonably available, and must collect at its own expense goods that cannot be returned without significant cost (s 263). The supplier is also liable for reasonably foreseeable consequential loss (s 259(4)). Rejection is barred after the rejection period, or if the goods were lost, disposed of, damaged after delivery for unrelated reasons, or attached and cannot be removed without damage (s 262). Replacement goods carry fresh guarantees (s 264); connected service contracts may be terminated with a refund (s 265); gift recipients have the same rights (s 266); the consumer may act whether or not the goods are in original packaging.

Maintained by Gerard Blokdyk

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  • 2304a1 Section 2304(a)(1), (a)(4), (b)(4), (d) Full warranty: remedy within a reasonable time without charge, refund or replacement after reasonable attempts

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Other controls in Chapters 4 to 6: Offences, enforcement and remedies – Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)

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