What is the difference between a warranty and a consumer guarantee?
Common types of warranties
Problems when you have a warranty or extended warranty
What is the difference between a warranty and a guarantee?
You automatically get the consumer guarantees from the person or business when you buy, lease or hire their goods, or buy their services.
This is different to a warranty, which is a voluntary promise offered by the person or business who sold the goods or service to you, or the manufacturer of the goods.
You have consumer guarantees regardless of any warranty provided by the supplier or manufacturer.
Common types of warranty
Express warranty
These are extra promises a supplier or manufacturer may make about such things as the quality, state, condition, performance or characteristics of goods. An express warranty is not necessarily about the product breaking, it is about it living up to promises.
A consumer buys a deck chair which the supplier says can hold up to 100 kilograms. This is an example of an express warranty - it is a statement about what the goods can do.
If the manufacturer or supplier provides an express warranty, they guarantee the goods will satisfy that warranty.
Warranty against defects – 'manufacturer's warranty'
Suppliers or manufacturers may provide a warranty that promises consumers that:
goods or services will be free from defects for a certain period of time
defects will entitle the consumer to repair, replacement, refund or other compensation.
This is called a 'warranty against defects', also commonly called a 'manufacturer's warranty'.
A consumer buys a deck chair that comes with a written warranty. The warranty says the manufacturer will replace the deck chair if it breaks within two years of the purchase date.
From 1 January 2012, a warranty against defects must be in writing and:
be presented clearly, expressed in plain language, and easy to read and understand
contain the name, business address, phone number and email address (if any) of the person or business providing the warranty
set out relevant claim periods or procedures, and
include a statement that rights under the warranty sit alongside the consumer guarantees, which cannot be excluded.
A warranty against defects may also contain an express warranty. Suppliers and manufacturers both guarantee goods will meet express warranties.
This means you can insist a supplier meets their responsibilities under the consumer guarantees to fix a problem, even if it is covered by other warranties, such as a manufacturer's warranty.
Extended warranty
Some suppliers or manufacturers offer extended warranties to lengthen the coverage of their basic manufacturer's warranty.
You may be offered the chance to buy an extended warranty after, or at the time, you buy the goods.
Some suppliers or manufacturers may also tell you an extended warranty provides extra protection, which you would not have unless you buy it.
This is not necessarily true. The consumer guarantees provide rights that exist despite anything the supplier or manufacturer may say or do.
Extended warranties are optional.
A supplier or manufacturer must not:
pressure you to buy an extended warranty
tell you that you must pay for any rights equivalent to a consumer guarantee.
When asked to buy an extended warranty, ask what it would provide over and above your rights under the consumer guarantees.
It is important to understand that these warranties do not cancel your right to make claims under the consumer guarantees.
