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Statutory Guarantees

The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL) implies certain guarantees into every purchase of goods or services by an Australian consumer. The statutory guarantees are an important feature of the ACL and provide consumers with recourse against a supplier if goods are faulty or services fall short of what is promised. The guarantees exists regardless of any express warranty given by the manufacturer, which arises under contract.

The statutory guarantees apply to all consumer transactions and can be enforced by consumers as an action under the ACL. The remedies available to consumers are set out in Part 5.4 of the ACL. More information about how the remedies work is set out in the Remedies section.

Section 64 provides that the guarantees cannot be excluded by contract, except excluding liability for some recreational services. Consumers cannot waive their rights under the ACL, even if they agree with the supplier. However, suppliers can limit their liability when they supply goods or services other than those ordinarily acquired for personal household or domestic purposes, as provided in Section 64A.

Statutory Guarantees  :  Last Revised: Tue Dec 14th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.