In Australia, are manufacturers allowed to refuse manufacturer warranty because you purchased their item from an unauthorized dealer or re seller? Or are they forced to fix my product? Also please cite any sources to back up information, thanks


(I note I am in New Zealand, so I'm making some assumptions about the law based on what I see here)

If this is for personal use, or worth less then $40k, The ACCC has, I believe, authorative information on Consumer Guarantees there.

or this part of the law answer is "yes and no". If you can evidence that the item was legitimately obtained, and that it was sourced from that manufacturer then yes. If the item was parallel imported you have no redress against the AU manufacturer, but you would then have recourse against the importer in there place.

I would imagine they can not be forced to fix your product, but if they are liable for either repairing, replacing or reimbursing you for the value of the product.

You may have additional rights granted under the manufacturers warranty, but that would depend on the wording of the warranty, and you may not be able to rely on it - but, as I understand it, the Consumer Guarantees legislation is IN ADDITION to manufacturers warranties AND CAN'T BE EXCLUDED - and are normally stronger (and a lot of manufacturers try and pretend this is not the case - they are just full of BS - but you might need to go to your disputes tribunal or equivalent to exercise your rights if they won't play fair.

This is documented on the ACCC site, so that may be the best place to seek advice.

  • 1
    Consumer Guarantees are against the business that sold it to you - not the manufacturer.
    – Dale M
    May 18 '16 at 7:10
  • @DaleM Not correct, browse the ACCC link above, you will discover it is against both parties (assuming the item was not parallel imported) - See accc.gov.au/consumers/consumer-rights-guarantees/… and look for section "Who to claim a remedy from"
    – davidgo
    May 18 '16 at 7:12
  • @davidgo: I would assume that bits of the actual law are missing in that link, because it doesn't mention that there needs to be any contract between manufacturer / importer and the seller. Extreme case, if I made a product that works fine in the Northern hemisphere but not in Australia, and obviously I refuse to export to Australia, this site says I would still be liable.
    – gnasher729
    May 21 '16 at 19:54

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