Advising James on Replacement of Refrigerator under Australian Consumer Law

Business Law

MAIN BODY
Question 1:
Advising James whether he has case to get replacement for refrigerator under the
Australian Consumer Law-
Case:
James had purchased new refrigerator from departmental store. The refrigerator cost to
$1000. One year warranty has been received by the James in favour of that refrigerator. Motor in
refrigerator has stopped working after the one year two months. James had contacted department
store from where TV is being purchased and ask for replacement of refrigerator. Attendant of
store apologizes for that and refuse for replacement as they are out of warranty.
Rule:
As part of the consumer law and fair trading law, ACCC regulate consumer guarantees.
Owner of business must render automatic guarantee to consumer while purchasing any product
or service (Rodrigues, 2018). Guarantee include product or service would work and do as
advertised. If good and service is being sale it must guarantee that-
 The good is of acceptable quality.
 Should match provided description on product.
 It must meet express warranty.
 Fit to the purpose.
Warranty is voluntary promise which a seller offer to its customer. It applies to goods or
service that is sold to customer and could be enforced under American Consumer Law and
Contract Law. Express warranty express that it is an extra representation or promise which is
done by seller about good or service which is rendered by them to consumer. This warranty does
not limit guarantee of consumer. For example, if product meets failure outside warranty periods,
it will still be covered by the consumer guarantee (Cameron, 2017). Consumer could exercise
their rights for having goods repair, replace or refund as good must meet extra promises which
are made about its performance, quality and conditions even its manufacture warranty is for 1-2
years. Sometimes extra promises are made by business for standard and quality of product. They
could refer to-
 The state, quality, performance, condition or characteristic of good.
 What product do and for what time period.
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