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) s271-274: ss 271 to 274 and 276A Manufacturer's liability to affected persons and indemnity of suppliers

A manufacturer must answer in damages to an affected person (the consumer or someone deriving title) for failures of the acceptable quality guarantee (unless caused only by another person, an independent cause after the goods left its control, or the supplier charging above the recommended or average retail price), the description guarantee where the description was applied by or with the manufacturer's consent, the repairs and spare parts guarantee and its own express warranties (s 271), covering the reduction in value below the lower of the price paid and the average retail price, and reasonably foreseeable loss including inspection and return costs (s 272), within 3 years of awareness (s 273). The manufacturer must indemnify a supplier that pays damages or incurs costs for acceptable quality failures, disclosed-purpose failures made known to the manufacturer, or description failures attributable to it (s 274; action within 3 years); for goods not ordinarily acquired for household use the indemnity may be limited to the cost of replacement, equivalent goods or repair unless that is not fair or reasonable (s 276A).

Maintained by Gerard Blokdyk

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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