The study aims to discusses about extended warranty, ACCC’s view on it and the counter-argument regarding the topic. It also provides guidelines for consumers. Is extended warranty worth the money? Read on to find out.
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Running head: EXTENDED WARRANTY: A HOAX OR A TRUTH Extended Warranty: A Hoax or a Truth Name of the Student Name of the University Author Note
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1EXTENDED WARRANTY: A HOAX OR A TRUTH Extended warranty The study aims to discussesabout extended warranty, ACCC’s view on it and the counter-argument regarding the topic. Extended warranty refers to a warranty insurance benefit, which is made available to particular credit card holders. It extends the duration of the manufacturing warranty of the product or service purchased with such credit card. The extended warranty cover stretchesthe manufacturer’sexpressed Australianwarranty on goodsand services purchased with an eligible or selected credit card. The warranty does not exhaust the rights or scope of an extended warranty holder to prosecute against a manufacturer in case a law is infringed under Australian Legislation. Extended warranties differ based on their different time durations. The duration of the extended warranty generally matches with that of the Australian Warranty, up to a maximum period of 12 months. It is not applicable when the American Warranty is itself 5 years or above. Australian Competition and Consumer Commission’s claim on extended warranty Under the Australian Consumer Law (ACL), a new product comes with a guarantee, which is of an acceptable quality. The ACL guides the people and calls out to them saying that they should not be misled by suppliers as they already buy the warranty along with the product, which comes under the theory of ‘consumer guarantee’ under Consumer Law1.Delia Rickard, the Deputy Chairman of the Australian Competition and Consumer Commission(ACCC) is of the view that the extended warranty offers nothing extra that the automatic consumer guarantee 1NationalWarrantyCompanyAgreesTo ChangeExtendedWarranties(2018)AustralianCompetition and ConsumerCommission<https://www.accc.gov.au/media-release/national-warranty-company-agrees-to-change- extended-warranties>.
2EXTENDED WARRANTY: A HOAX OR A TRUTH or the Australian warranty provides with no additional cost to the consumers. She says that it might just provide a little extra tweak additional to what the consumer gets out of the Australian warranty, which is not at all substantial in nature2. The commission says that if a product is guaranteed with a 3 years manufacturer’s warranty but the seller promises a warranty of 10 years, he is liable to put it in writing. In such case, the seller is bound to provide the after-sale service and refusal to do would amount to breach of consumer law. The seller or the retailer holds the duty to repair, replace or refund the faulty product even if such product does not have an extended warranty, as it already bears an Australian Warranty that comes along with the product, if the product is in returnable shape and condition. Moreover, it is claimed by the Commission that faulty products, which are beyond manufacturer’s warranty are still eligible to a remedy under the consumer law. Under the ACL, retailers or sellers who try to sell extended warranties to consumer by befooling them with false promises are prosecuted under the consumer law and may be liable to a fine over $1 million3. The ACCC commission tries to educate the citizens of their rights and therefore lays down the following guideline: The consumers are advised to ask for a written confirmation from the sellers regarding a claim or a promise about an item’s longevity or performance made by the seller or by his agents. The consumers are always advised to retain their purchase receipts, as that is the primary evidence of a purchase and its manufacturer warranty. 2Extended Warranties Not Worth It(2018) NewsComAu <https://www.news.com.au/finance/money/costs/why- extended-warranties-are-not-worth-it/news-story/e806700959101b117f16d7c2657d67d3>. 3MoneyForNothingOnNeedlessWarranties(2018)Adelaidenow.com.au <https://www.adelaidenow.com.au/news/south-australia/millions-wasted-on-needless-warranties/news-story/ c8cae04448f26c448615e16c01b8e821>.
3EXTENDED WARRANTY: A HOAX OR A TRUTH They must take back the faulty product to the seller within a reasonable time so that the seller cannot reject it from repairing, replacing or refunding on the grounds of late return4. The commission directs the Consumers to invest in branded expensive products for essential goods, as they tend to last longer than cheap non-branded goods. The right of a consumer under the consumer guarantee is not exhausted even though they had it fixed by a third party earlier. The consumers are made known about the fact that they can opt for a refund or a replacement if the product is majorly faulty. However, they could get it repaired if the fault is minor and it is repairable. If a consumer is not satisfied with the response of the seller or his agent, he is asked to escalate the matter to the manager, orally or in writing. If the consumer is still not heard, in such situation he is advised to approach the Consumer and Business Services or visit the online page of Consumer and Business Affairs and file an online complaint5. Extended Warranty: a hoax or a truth It is been widely accepted now that if a goods has a fault, whether minor or major, there is a scope to get it fixed, replaced or repaired, as the convenience of the seller or retailer. The reasonable thing to expect in such cases is that depending on the cost of the product, one would expect an expensive refrigerator to last long than a product bought from a pawn or dollar shop. 4MoneyForNothingOnNeedlessWarranties(2018)Adelaidenow.com.au <https://www.adelaidenow.com.au/news/south-australia/millions-wasted-on-needless-warranties/news-story/ c8cae04448f26c448615e16c01b8e821>. 5MoneyForNothingOnNeedlessWarranties(2018)Adelaidenow.com.au <https://www.adelaidenow.com.au/news/south-australia/millions-wasted-on-needless-warranties/news-story/ c8cae04448f26c448615e16c01b8e821>.
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4EXTENDED WARRANTY: A HOAX OR A TRUTH Therefore, they are meant to use their prudence on such matters whether to get a product repaired or replaced.Consumer Watchdog, one of the regulatory body for consumer issues advises to think and consider wisely before purchasing an extended warranty. It is recommended to read the terms and conditions of a warranty insurance to check whether it is offering anything extra or a better deal over the warranty provided by the Australian government already on the purchase of a new product6. However, it is known to all consumers have had poor experience with extended warranties. Thus, it can be fairly said that extended warranties are not worth the money7. In the contrary, it is being argued that whether anyone have any idea about how the Australian competition and Consumer Commission (ACCC) works or how it protects consumer pertaining to the Australian warranty or the automatic consumer guarantee. As perJustin Oliver, it has been observed frequently that the consumer law appears to be vague and ambiguous; like the warranties state that a car owner is protected under the ACL for any minor or major issues for a reasonable period of time, however it is not known to anyone what this ‘reasonable time’ would be. This is one of the biggest grey areas of consumer law, which do not specify the time bracket of the warranty period. These shortcomings of the law compels people to opt for extended warranties out of their own pocket, which also goes for a toss if the product does not falter and works just fine for a long time. Therefore it can be said that the consumers face dilemma while they invest in expensive products as they are either unsure of the rights they already have or has no idea how such protective laws work for their benefit8. According toJulie Anne Tarr, the practical implications of the laws are extremely complex, lengthy and expensive 6Consumer Complaints And Queries | Australia.Gov.Au(2018) Australia.gov.au <https://www.australia.gov.au/help- and-contact/faqs/consumer-complaints-and-queries>. 7Extended Warranties Not Worth It(2018) NewsComAu <https://www.news.com.au/finance/money/costs/why- extended-warranties-are-not-worth-it/news-story/e806700959101b117f16d7c2657d67d3>. 8Oliver,Justin."Whenconsumergoodsturnbad:Mandatoryreportingunderthe'AustralianConsumer Law'."(2014)Proctor, The34.2: 18.
5EXTENDED WARRANTY: A HOAX OR A TRUTH to chase for a redressal issue against a company as well. Thus, it is wiser for people to spend a few extra bucks and get over-protection from the retailers, which save them time and money approaching the ACCC later for remedy9. Common people would always find it better to cover a matter by settlements rather than choosing to move the court for a disputed car or refrigerator. Thus, choosing to purchase an extended warranty is found to be hassle-free, than to waste time and sanity over the complexities of a government body that does not lay down its provisions and proceedings clearly to the nonprofessional. Some of the many common pros of extended warranty are listed below: Products that are purchased for a long term use are likely to be guarded with an extended warranty so that it is protected even after the Australian Warranty finishes. An extended warranty ensures a hassle-free and smooth maintenance10. The costs of repairing are more than the extended warranties. Moreover, repair involves a lot of time which is wasted on servicing appointments that are inconvenient and tiring. Therefore, it is normal for people to always look for something that takes lesser time and effort. Thus,Stephan Coronesmentioned that by investing in extended warranties, people secure their expensive products and also secure their peace of mind in exchange of some extra money. They can choose from the array of warranty insurance offered by different retailers of particular industries11. 9Tarr, Julie-Anne. "Transforming insurance law: A comparative review of recent insurance law reform in the United Kingdom and Australia."(2016)Insurance Law Journal28.1: 10-22 10Rahman, Anisur, and Gopinath Chattopadhyay. "Extended Warranty." (2015)Long Term Warranty and After Sales Service. Springer, Cham. 67-77. 11Corones, Stephen. "Why Australia Needs a Motor Vehicle Lemon Law."(2016)UNSWLJ39: 625.
6EXTENDED WARRANTY: A HOAX OR A TRUTH One of the most interesting facts of extended warranty is that consumers may purchase the warranties not just from the seller from whom they bought the product, but from other companies that offer lucrative and efficient warranty deals. There are varieties of warranty insurances to choose from, nowadays. In recent times, there are many retailers who offer to provide extended warranty to the consumers even after their original product warranty has expired. This has been a common trend among sellers now, who not only pursue consumers to buy warranty for a product whose insurance period is coming to an end, but also for product that has exhausted its warranty period. Conclusion It is evident that most of the time extended warranties are never used and it is for good that they are exhausted without being worried to make use of it for the product works absolutely fine. However, for those rare times when the original warranty fails to cover for the loss of the consumer, extended warranty comes handy. Nonetheless, it is still debatable whether extended warranties are worth the hard-earned money of the consumers or not, yet it can be simply put as compared to the medical insurance that we get for ourselves, hoping never to use them.
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7EXTENDED WARRANTY: A HOAX OR A TRUTH Bibliography Articles/Books/Journals Corones, Stephen. "Why Australia Needs a Motor Vehicle Lemon Law."(2016)UNSWLJ39: 625. Oliver, Justin. "When consumer goods turn bad: Mandatory reporting under the'Australian Consumer Law'."(2014)Proctor, The34.2: 18. Rahman,Anisur,andGopinathChattopadhyay."ExtendedWarranty."(2015)LongTerm Warranty and After Sales Service. Springer, Cham. 67-77. Tarr, Julie-Anne. "Transforming insurance law: A comparative review of recent insurance law reform in the United Kingdom and Australia."(2016)Insurance Law Journal28.1: 10-22. Internet sources ConsumerComplaintsAndQueries|Australia.Gov.Au(2018)Australia.gov.au <https://www.australia.gov.au/help-and-contact/faqs/consumer-complaints-and-queries> ExtendedWarrantiesNotWorthIt(2018)NewsComAu <https://www.news.com.au/finance/money/costs/why-extended-warranties-are-not-worth-it/ news-story/e806700959101b117f16d7c2657d67d3>
8EXTENDED WARRANTY: A HOAX OR A TRUTH MoneyForNothingOnNeedlessWarranties(2018)Adelaidenow.com.au <https://www.adelaidenow.com.au/news/south-australia/millions-wasted-on-needless- warranties/news-story/c8cae04448f26c448615e16c01b8e821> NationalWarrantyCompanyAgreesToChangeExtendedWarranties(2018)Australian CompetitionandConsumerCommission<https://www.accc.gov.au/media-release/national- warranty-company-agrees-to-change-extended-warranties>