OCBA - Who is responsible?

Who is responsible?

Either the supplier or manufacturer, depending on what the problem is.
The supplier is the person or business who sold, leased or hired the goods to you – for example, a retailer or a trader.
The manufacturer is the person or business who:

made the goods
put the goods together
has their name on the goods, or
imported the goods, if the maker does not have an office in Australia.

What do they guarantee about goods?

Both the supplier and the manufacturer guarantee that goods:

are of acceptable quality – this means they will:
- be safe, durable and free from defects
- be acceptable in appearance and finish
- do the job such things are usually used for
match the description – they will match any description given to you

They also guarantee that any express warranties will be honoured.

A supplier also guarantees that you are buying goods:
fit for any disclosed purpose - the goods will do the job you were told they would
that match the sample or demonstration model shown to you
with a clear title, unless they told you otherwise before the sale – this means they have the right to sell the goods, unless they told you before sale that they had ‘limited title'
a right to undisturbed possession – they promise no-one has a legal right to take the goods away or prevent you from using the goods
that do not have any undisclosed securities – the goods do not have any hidden securities or charges.

A manufacturer guarantees repairs and spare parts will be available for a reasonable time after you buy the goods.

For detailed information about the guarantees, see

When goods do not meet these guarantees, the supplier or manufacturer must attempt to put the situation right – offer you a ‘remedy'. Common remedies are repairs, replacements and refunds.

When you cannot claim under consumer guarantees

A supplier does not have to put a situation right (and a manufacturer does not have to provide damages) when they did not meet consumer guarantees due to something:

someone else said or did, unless it was their agent or employee, or
beyond human control that happened after the goods were supplied to you.

Sometimes a manufacturer may recall goods in order to fix a potential safety issue – for example, a car manufacturer may recall a car because of suspected brake defect.

If so, the potential safety issue with the car does not automatically amount to a major failure on the basis that the car is unsafe.

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Who is responsible?

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Who is responsible?

What do they guarantee about goods?

When you cannot claim under consumer guarantees