Consumer Guarantee & Refund Lawyers — Part 3-2 ACL — All States
Consumer Guarantee & Refund Lawyers — Major Failure. Your Right to Refund or Replacement.
The Australian Consumer Law implies non-excludable guarantees into every consumer contract — guarantees that goods are of acceptable quality, fit for a disclosed purpose, and match their description. For a major failure, you are entitled to choose a full refund or replacement. A "no refunds" sign does not override your ACL rights. A consumer law lawyer enforces your consumer guarantee rights when the supplier refuses to comply.
⚠ The ACL consumer guarantees apply to goods and services up to $100,000 (or any amount where ordinarily acquired for personal, domestic, or household use). A "no refunds" policy does not override your ACL rights for a major failure. Get free advice.
Consumer Guarantees Law
Your non-excludable consumer rights under Part 3-2 ACL
Division 1 of Part 3-2 ACL (ss 51–64) implies a set of non-excludable guarantees into every consumer contract for goods. The key guarantees for goods are: (1) Acceptable quality (s 54) — goods must be of acceptable quality, meaning fit for all purposes for which goods of that kind are commonly supplied, acceptable in appearance and finish, free from defects, safe, and durable; (2) Fitness for a disclosed purpose (s 55) — if the consumer told the supplier that the goods were needed for a specific purpose, the goods must be reasonably fit for that purpose; (3) Correspondence with description (s 56) — goods supplied by description must correspond with that description; (4) Correspondence with sample (s 57) — goods supplied by reference to a sample must correspond with the sample; (5) Title (s 51) — the supplier must have the right to sell the goods; and (6) Spare parts and repair facilities (s 58) — for a reasonable period after supply.
Division 2 of Part 3-2 ACL (ss 60–63) implies equivalent guarantees into consumer contracts for services — including that services will be rendered with due care and skill, that they will be fit for any purpose disclosed by the consumer, and that they will be supplied within a reasonable time (if no time is specified).
The consumer's remedies depend on whether the failure is a major failure or a minor failure. A major failure (s 260 ACL) is a failure where: the goods would not have been acquired if the consumer had known about the failure; the goods are substantially unfit for their common purpose and the failure cannot be easily remedied; the goods are unfit for a disclosed purpose and cannot easily be made fit; the goods are not safe; or the goods are substantially different from the description. For a major failure: the consumer can choose to reject the goods and obtain a full refund or replacement — the supplier does not have the right to insist on repair first. For a minor failure, the supplier may choose to repair, replace, or refund.
Consumer Guarantee Matters
Consumer guarantee and refund matters we handle
Major failure refund claims
Enforcing the consumer's right to choose a refund or replacement for a major failure — where the supplier insists on repair or refuses to provide any remedy.
Vehicle consumer guarantee claims
New and used vehicle defect claims — including repeat failures of the same component, engine and transmission failures, and defects that affect safety — often the highest-value consumer guarantee disputes.
Electronics and appliance claims
Consumer guarantee claims for defective electronics, appliances, and technology products — including failures within a period that a reasonable consumer would expect the product to last.
Services guarantee claims
Claims for services not rendered with due care and skill — including renovation, repair, professional, and cleaning services — where the service provider refuses to rectify or compensate.
Consequential loss claims
Recovery of consequential losses (s 259(4) ACL) — losses reasonably foreseeable as a result of the failure — in addition to the right to reject the goods or obtain a refund.
Consumer tribunal proceedings
Pursuing consumer guarantee claims through state and territory consumer tribunals — NCAT (NSW), VCAT (Victoria), QCAT (Queensland), SACAT (SA) — for efficient and cost-effective resolution.
Frequently Asked Questions
Consumer guarantee and refund questions answered
Does a 'no refunds' sign override my ACL rights?
No. Section 64 ACL voids any contract term that purports to exclude, restrict, or modify consumer guarantee rights. Displaying a "no refunds" sign is itself a breach of s 29(1)(m) ACL (false representation about consumer rights). Your ACL rights apply regardless of the supplier's refund policy.
How long should a product last under the ACL consumer guarantees?
The ACL does not set a specific number of years — durability is assessed by reference to what a reasonable person would expect for goods of that kind, considering the price paid, the type of goods, representations made, and how the goods were used. A consumer law lawyer advises on the expected durability of specific goods and whether a failure is major.
Can the supplier insist on repair before offering a refund for a major failure?
No — for a major failure, the consumer chooses the remedy under s 259(3) ACL: reject and get a full refund, reject and get a replacement, or keep the goods and seek compensation for the reduction in value. The supplier cannot insist on a repair attempt before the consumer can exercise these rights.