The " Warranty Claim " enigma !

A lot of people are not sure how to make a warranty claim when an item fails within the warranty period.  In some cases, the store that initially sold them that item is less than helpful - and  may use bluff to avoid any responsibility.

What confuses the issue is the instruction issued by the manufacturer, which usually is included in the paperwork that comes with the item.  Often this requires the claimant to forward the faulty item - at the claimant's expense - to the factory where it was produced, which can be in another state, and which must include proof of purchase and the relevant purchase date.

This is common practise because if this product is sold in all the Australian states, plus New Zealand and a number of other Pacific countries, it needs a claim procedure that applies in all circumstances.   Each state has different warranty laws, and some small countries have no such laws at all.

What takes precedence is the law on warranty's that applies in the state or country in which the product was initially sold, and if that is New South Wales - the procedure is plain and simple.

The onus for making good on the warranty rests solely with the outlet that made the initial sale - and the customer has the right to choose between three options.  They are that the product be either repaired, refunded or replaced - and which option chosen is the choice of the claimant.

Some stores disclaim their responsibility by citing the manufacturers instructions that the customer has the job of returning a faulty appliance to the originating factory, but this only applies in states or country's lacking specific consumer laws - or in circumstances where the store that made the original sale has gone out of business.  It is a " fall back " option - to be used when there is a failure of the usual procedure.

Surprisingly, some of the branches of national chains profess to be unaware of their obligations under the state consumer laws and try to bluff their way out of accepting returns.   In such cases, the claimant should insist on speaking to the store manager - and if that does not result in a successful conclusion - take the matter up with the head office of the chain involved.

Failure to honour warranty laws carries a very large penalty - and this law is explicitly protective of consumer's rights !