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Consumer Guarantees

The Australian Consumer Law (ACL) provides automatic guarantees that goods and services will work and do what they are intended for.

Guarantees on goods and services

There are 9 consumer guarantees on products:

  1. Acceptable quality - suppliers and manufacturers guarantee that goods are of acceptable quality when sold to a consumer
  2. Fit for any specified purpose - suppliers guarantee that goods will be reasonably fit for any purpose the consumer or supplier specified
  3. Match the description - suppliers and manufacturers guarantee the description of goods is accurate (eg, advertised in a catalogue or on TV). This does not apply to goods bought at auction.
  4. Match the sample or demonstration model - suppliers guarantee that goods will match the sample, demonstration model and any description provided
  5. Express warranties - suppliers and manufacturers guarantee they will meet any extra promises made about performance, condition and quality
  6. Clear title to goods - suppliers guarantee they have the right to sell the goods (clear title) unless they advise the consumer otherwise before the sale
  7. Undisturbed possession of goods - suppliers guarantee no one will try and repossess or take back goods or prevent a consumer from using the goods except in certain circumstances
  8. No undisclosed securities on goods - suppliers guarantee goods do not carry any hidden debts or extra charges
  9. Repairs and spare parts - manufacturers and importers guarantee to have spare parts and repair facilities available for a reasonable period of time after purchase unless the consumer is told otherwise

Consumer guarantees on services:

  1. Due care and skill - suppliers guarantee services must be provided with an acceptable level of skill or technical knowledge, taking all necessary care to avoid loss or damage
  2. Fit for a particular purpose - suppliers guarantee services will be reasonably fit for any specified purpose and any products resulting from the services are also fit for that purpose
  3. Services supplied within a reasonable time (if no time set) - suppliers guarantee they will supply the service within a reasonable time when there is no agreed end date. What is 'reasonable' will depend on the type of service.

Which goods and services are guaranteed

Businesses must guarantee products and services they sell, hire or lease for:

  • under $40,000
  • over $40,000 which are normally used for personal, domestic or household purposes
  • vehicles and trailers used mainly to transport goods, regardless of the cost
  • bundled products and services
  • gifts with proof of purchase
  • sale items
  • online products and services bought from Australian businesses
  • second-hand products from Australian businesses, taking into account age and condition

Which goods and services are not covered by a guarantee

Goods and services not covered are:

  • goods and services bought before 1 January 2011. These are covered by the Trade Practices Act 1974 and state and territory legislation in force before 1 January 2011
  • goods bought from one-off sales by private sellers, eg, garage sales, fetes
  • goods bought at auctions, where the auctioneer acts as agent for the owner
  • goods and services costing more than $40,000 that are normally used for business, eg, machinery and farm equipment, installation of irrigation systems
  • goods bought to then on-sell or resupply
  • goods bought to use as part of a business to manufacture, produce, repair or otherwise use on other goods and fixtures
  • transportation or storage of goods for the consumer's business, trade, profession or occupation
  • insurance contracts

Other resources

PDF documents need a PDF reader. Please read more on free PDF readers. Contact us if you have difficulty viewing or printing the document or need the document in an different format. You can order printed copy of a consumer guide by emailing consumer.affairs@justice.tas.gov.au or ring 1300 654 499.