Monday, Feb 04, 2008 at 12:06
You have not accurately set out a consumer's rights under the law. The following is an extract from the ACCC's web site - go there to get the whole story. All consumers have these legal protections when buying as consumers but, as outlined below, there is also concomitant protection for retailers - that term is not defined in terms of the type of ownership structure or whether they are principal owned or franchises - if it retails....it's a retailer! Consequently, there is absolutely no excuse for these outlets not providing the proper remedy required by the TPA. Don't be misled-find out about your rights.
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Sellers’ rights against manufacturers
Sellers, manufacturers and importers all have
obligations to consumers.
If there has been a breach of a statutory
condition the seller (usually the retailer)
is responsible for providing the refund.
However, the retailer may have a right to claim
compensation from its supplier.
Although the law is designed mainly to
protect consumers, it also protects retailers
and wholesalers by putting the responsibility
for manufacturing or design faults onto
manufacturers, or onto importers and owners
of brand names who are not the original
manufacturer (s. 74H). If a refund has
been given on goods that have a design or
manufacturing fault (for example, a hammer drill
fails after only one month’s use), the seller can
make a claim against the manufacturer or
importer.
Manufacturers cannot impose misleading
conditions on supply terms, for example,
by attempting to limit warranty claims to the
terms of their own voluntary warranties.
Some manufacturers state, for example,
that retailers must return goods in the original
packaging and cover the cost of freight.
However, such conditions cannot be imposed
if the goods are returned in accordance with a
statutory condition or warranty.
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Happy days
George
FollowupID:
550441