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Manufacturer or Express Warranty

Section 59 states that a supplier or manufacturer of goods must comply with an express warranty. Express warranties arise under contract, and any warranty against defects must be accompanied by a statement complying with ACL Regulation 90. The statement must include contact information for the person giving the warranty, the length of time the warranty lasts, who is responsible for costs incurred in claiming the warranty and the benefits of the warranty that are additional to the rights and remedies of the consumer under the ACL.

The warranty must also include mandatory text:

'Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure'.

Manufacturer or express warranties for services must have similar text regarding cancellation of the contract, compensation for consequential loss or rectification of services that have not been provided in accordance with the ACL.

Manufacturer or Express Warranty  :  Last Revised: Tue Dec 14th 2021
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