fairgo
Sign inStart free
Australian Consumer Law · Free demand letter

The warranty expired.
The consumer guarantee usually hasn't.

Most retailers will tell you you're out of luck once the manufacturer's warranty runs out. They're wrong. The Australian Consumer Law guarantees apply to every consumer purchase — and they typically outlast the warranty for anything reasonably expected to last longer than 12 months.

Draft my demand letter →Free · 90 seconds · No account required to start
Does this apply to you?

What this scenario covers

  • Phones, laptops, and tablets that died at 13-24 months
  • Major appliances (fridges, washers, dryers, dishwashers) that fail after the warranty
  • TVs and audio equipment that stopped working before they reasonably should have
  • Power tools, garden equipment, and home appliances that didn't last
  • Cars purchased from dealers where defects emerged after the warranty period
Skip the legal-jargon dance.
Tell us what happened — we draft the letter that cites the right ACL sections. Free, 90 seconds, no account required.
Start your letter →
The relevant law

ACL sections that apply

s54 — Acceptable quality

The keystone provision. Goods must be durable for the time a reasonable consumer would expect. A $1,500 TV reasonably lasts 5-10 years; a 14-month failure breaches s54 regardless of warranty.

s259 — Right to remedy

When a guarantee is breached, you have rights against the supplier (the retailer who sold it to you). Not just the manufacturer.

s260 — Major failure

If the goods can't be used for their normal purpose, are unsafe, or are significantly different from how they were described, you choose the remedy.

s271 — Action against manufacturer

You can also pursue the manufacturer directly for acceptable-quality failures. Useful when the retailer is unresponsive or has closed.

Step by step

What to do today

  1. Find your proof of purchase — even a bank statement showing the transaction is enough.
  2. Document the failure: when it happened, what's wrong, photos of the defect.
  3. Approach the retailer first. Cite s54 by name and explain why the consumer guarantee outlasts the warranty for this product.
  4. If they push back, send a formal demand letter referencing the specific sections.
  5. Escalate to Fair Trading and your state tribunal if needed — they apply s54 strictly.
Examples

Common situations we see

  • iPhone or Samsung that died at 14-18 months. Manufacturer's 12-month warranty is the minimum, not the maximum — s54 typically gives you 2-3+ years on premium phones.
  • Washing machine bearings failed at 18 months on a machine that costs $1,200. Reasonable consumer expects 7-10 years. s54 breach.
  • TV stops powering on after the 24-month warranty. Premium TVs reasonably last 5-10 years; the s54 timeframe is set by reasonable expectation, not the warranty card.
  • Laptop screen failure at 16 months. Whether s54 applies depends on usage and whether the failure is consistent with normal wear — usually it isn't.
Ready when you are

The consumer guarantee usually hasn't.

Draft a demand letter citing the exact ACL sections in 90 seconds. No account required to start. No fees, ever.

Draft my demand letter →
Know someone in this situation?
Go deeper

Related reading

Can I demand a refund? When Australian Consumer Law gives you the right
Plain-English guide to when the Australian Consumer Law lets you demand a refund — even when the store says no, the warranty has expired, or the receipt is gone.
What 'major failure' really means under the Australian Consumer Law
Plain-English guide to what counts as a major failure under the ACL, why it matters for your refund rights, and exactly what to do when a product or service fails.
Replacement vs repair vs refund: which remedy can you choose?
Plain-English guide to replacement vs repair vs refund Australia — when you get to choose your remedy under the ACL and when the seller decides.

This page is general information about Australian Consumer Law, not legal advice. The ACL is complex and your situation may have details that change the analysis. For advice on your specific case, see your state's Fair Trading body — full list at /agencies.