Which consumer guarantees apply to goods?

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There are nine consumer guarantees that apply to goods you purchase:

1. Goods will be of acceptable quality
2. Goods will be fit for a particular purpose
3. Goods will match their description
4. Goods will match the sample or demonstration model
5. Any express warranties will be honoured
6. Spare parts and repair facilities will be available for a reasonable time
7. You will have title to the goods
8. You will have undisturbed possession of the goods
9. There are no undisclosed securities on the goods

Acceptable quality

Goods are of acceptable quality if they:

• are safe, durable and free from defects
• are acceptable in appearance and finish
• do everything that they are commonly used for.

When deciding whether goods meet this guarantee, you need to consider the nature of the goods, the price, and any information provided directly by the seller or the manufacturer, or on packaging or promotional material. 

You should also consider how you have used the product. Goods are not expected to be indestructible — for example, if you damage the goods or use goods in an unreasonable or unintended manner, you may not be able to rely on this guarantee to obtain a remedy. 

Second-hand goods are also covered by the guarantee, but age, price and condition must be taken into account.

The guarantee of acceptable quality still applies to imperfect goods or ‘seconds’. Where a seller alerts you to any defects before the purchase, you should inspect before you buy to make sure you are still happy to go ahead. Otherwise you may not be entitled to a remedy.

A consumer purchases a new pair of shoes, one of which loses a heel when it is worn for the first time. The consumer can claim that the shoe does not meet the guarantee of acceptable quality. 

Fit for a particular purpose

Goods will be suitable for any particular purpose that you make known to the seller before you buy.

If you explain to the seller that you want the product for a particular purpose, and you buy it based on their claims or expertise, the seller guarantees that it will meet your particular purpose.

This guarantee may not apply if it is unreasonable to rely on the seller's skill or judgment, or if you purchase the product despite advice from the seller that it will not meet your particular purpose.

A consumer purchases paint from a specialty paint shop after explaining to the seller that they are painting their outdoor decking. After a couple of months, the paint begins to peel, as it is unsuitable for outdoor surfaces. The consumer can claim that the paint for the decking is not fit for a particular purpose that was made known to the seller. 

Match description

Any description of a product—whether made verbally or in writing—must be accurate.

A consumer orders a set of pink towels online based on a colour chart provided by the seller. The towels delivered are red. The consumer can claim that the towels do not match the seller’s description.

Match sample or demonstration model

If you have chosen goods based on a sample or demonstration model the goods must match in quality, state or condition.

A consumer test drives a new car and agrees to purchase a car the same as the demonstration model. When the new car is delivered it has a smaller engine than the demonstration model. The consumer can claim the car does not match the demonstration model.

Express warranties

If a seller or manufacturer makes extra promises—either verbally or in writing—about the quality, condition, performance or characteristics of goods, these promises must be met. Common types include money-back guarantees and lifetime guarantees.

Express warrantees apply in addition to the consumer guarantees.

A consumer purchases a kitchen knife. The seller promises them that it will stay sharp for 10 years. After five years, the knife is no longer sharp. The consumer can claim that the knife does not meet the express warranty.

Repairs and spare parts

When you purchase a product the manufacturer or importer must provide spare parts and repair facilities for a reasonable time after purchase. This applies even if you did not purchase the goods directly from the manufacturer or importer.

How long is 'reasonable' will depend on the type of product.

This guarantee does not apply if you are advised at the time of purchase that repair facilities and spare parts will not be available after a specified time.

A consumer purchases a new television that requires repair after six months. The supplier cannot provide spare parts to repair the television. The consumer can claim that the supplier has not met the guarantee for repairs and spare parts.

Title to goods

There is a guarantee that when you buy goods, the ownership rights are passed to you. The seller must tell you when there are other rights over the goods.

This guarantee also applies to goods you buy through private transactions but it does not apply to goods that are leased or hired (because you don't expect to own these outright).

A consumer buys a second-hand car from a private seller. The car is then repossessed by the police because it was stolen. The consumer can claim that the seller did not give clear title to the goods.

Undisturbed possession of goods

There is a guarantee that no one will try to repossess or reclaim a product you buy. This guarantee also applies to private transactions.

For goods that are hired or leased, the guarantee applies only to the period of the hire or lease. If the goods are purchased under a payment plan and you fail to make the agreed payments, the seller may be able to repossess the goods. 

No undisclosed securities on goods

There is a guarantee that the goods will be free of any undisclosed securities or charges, unless you are clearly told otherwise before you purchase.

This guarantee also applies to goods you buy through private transactions, but it does not apply to goods that are leased or hired.