Statutory Warranties under the Australian Consumer Law

The Australian Consumer Law provides an implied or “statutory warranty” which protects consumers and provides that goods must be of an “acceptable quality” even if the retailer or supplier does not offer a warranty. The Australian Consumer Law defines “acceptable quality” as “fit for all purposes for which goods of that kind are commonly supplied, acceptable in appearance and finish, free from defects, safe and durable”. If the goods supplied are not of an acceptable quality the supplier or retailer is obliged to provide the consumer with a replacement product or refund.

Are there any exceptions to the implied warranty?

The Australian Consumer Law does provide exceptions to the statutory warrant, which are listed below:

1. If the goods supplied are not of an acceptable quality but the defect in the quality was drawn to the consumer’s attention before the consumer agreed to purchase the product s54(4);
2. If the reason as to why the goods were not of an acceptable quality was disclosed in a written notice which was transparent and displayed along with the goods prior to purchase s54 (5);
3. The consumer causes the goods to become of an unacceptable quality or fails to take reasonable steps to prevent them from becoming of an unacceptable quality s54(6)(a);
4. The goods are damaged by the actions of the consumer caused by abnormal use s54(6)(b); and
5. The consumer examines the goods prior to purchase and the examination ought reasonably to have revealed that the goods were not of an acceptable quality s54(7).

What can I do if I think that the implied warranty has been breached and applies to goods which I have purchased?