First Principles of Business Law

Statutory provisions affecting contracts for goods and services

5. The Australian Consumer Law

5.9. Guarantee of the availability of spare parts and repairs

 

 

 

In 2011, A purchases a lawnmower from B, an Australian supplier of gardening equipment. The lawnmower in question is made in Japan and imported into Australia. It is an old model and a written notice attached to the lawnmower by the manufacturer says that spare parts will not be available after 2011. A year later, A takes the lawnmower to a service centre to have it checked over. The repairman tells A that an important part of the mower needs replacing but that this part is no longer available.

Click here to see section 58.

(a) When goods are sold in trade or commerce to consumers, there is a guarantee that the manufacturer will make spare parts and repair facilities available for the normal lifetime of those goods. This guarantee cannot be altered by notice or agreement.

(b) When goods are sold in trade or commerce to consumers, there is a guarantee that spare parts and repair facilities will be available for a reasonable period after the goods are supplied, unless the consumer was told at the time of the sale that these things would not be available.

 

 

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