(a) That's wrong. Section 58 of the ACL guarantees that, when goods are sold in trade or commerce to a consumer, the manufacturer will take reasonable steps to ensure that repair facilities and spare parts are reasonably available for a reasonable period after the goods are supplied. However this guarantee does not apply if the manufacturer took reasonable steps to ensure that the consumer was notified in writing that repair facilities or spare parts would not be available after a specified period. In the present case, the facts suggest that proper notice was given, and it follows that there is no failure to comply with the guarantee.

If a failure to comply with this guarantee does occur, s 271 of the ACL provides the consumer with a right of action for damages against the manufacturer. The consumer can claim damages to compensate for any reduction in the value of the goods, and any loss or damage suffered because of the failure to the extent that such losses were reasonably foreseeable as a consequence of the failure.