As a consumer you have rights in relation to how your solar power system is sold and will perform.
Misleading & deceptive conduct
Under the Australian Consumer Law a business is prohibited from engaging in conduct that is misleading or deceptive, or is likely to mislead or deceive you.
It makes no difference whether the business intended to mislead or deceive you—it is how the conduct of the business affected your understanding about the product that matters.
If the overall impression left by an advertisement, promotion, quotation, statement or other representation made by a business creates a misleading impression in your mind—for example the price, value or the quality of any goods and services—then the conduct is likely to breach the law.
Under the Australian Consumer Law it is unlawful for businesses to make false or misleading representations about goods or services in promotions or advertising.
This includes representations about:
the quality, style, model or history of a good or service
whether the goods are new
the sponsorship, performance characteristics, accessories, benefits and uses of goods and services
the availability of repair facilities or spare parts
the place of origin of a good (for example, where it was made or assembled)
a buyer's need for the goods or services
any exclusions on the goods and services.
If a business makes a false or misleading claim or representation about one of the issues on this list, then the conduct is likely to breach the law.
If a business makes uninvited contact with you either by phone or face to face, extra protections apply under the Australian Consumer Law. These selling practices are called unsolicited selling practices.
An important protection for unsolicited selling practices is the a cooling-off period of 10 business days during which you have special rights to cancel your purchase and claim back any deposit given or promised.
Every time you purchase, lease or hire a good or service, anywhere around Australia, you are automatically given certain rights under the Australian Consumer Law. These rights are known as consumer guarantees. The guarantees require that goods must be safe, durable, free from defects, fit for any disclosed purpose, match any description and match any sample or demonstration model shown to you prior to purchase.
When you have a problem and one of the guarantees has not been met, you are entitled to a remedy, which depending on the circumstances may include a repair, replacement, refund or having a service performed again.
Goods and services are often sold with voluntary or extended warranties which outline what a supplier or manufacturer will do if there is a problem with the good or service.
It is important to remember that these warranties are in addition to the consumer guarantees, and the consumer guarantees may last longer than any voluntary or extended warranty period.
Need help?
If you have a problem with your solar power system, contact the business that sold you the system directly. See the ACCC’s how to resolve a problem page for guidance.
If you are unable to resolve your complaint directly, you can contact the ACCC or your local consumer protection agency for more information on your consumer rights and options. Your local office may also be able to conciliate (help you negotiate with the professional).
