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
ACL sections that apply
The key provision. Goods must be as durable as a reasonable consumer fully acquainted with their state and condition (including hidden defects) would regard as acceptable, having regard to matters such as their nature and price. That standard, not the warranty card, sets how long they should last, so a failure at 14 months may breach s54. It doesn't cover defects drawn to your attention before you bought, or a failure you caused (or failed to take reasonable steps to prevent) where the goods were damaged by abnormal use.
When a guarantee isn't met, you can require a remedy from the supplier: the business that sold you the goods, not just the manufacturer. If the failure isn't major and can be remedied, the supplier chooses how to fix it: repair, replacement or refund.
A failure is major if a reasonable consumer fully acquainted with the nature and extent of the failure would not have acquired the goods; if the goods depart in one or more significant respects from their description, sample or demonstration model; if they are substantially unfit for a purpose for which goods of the same kind are commonly supplied, or unfit for a purpose you made known, and cannot easily and within a reasonable time be remedied; or if they are not of acceptable quality because they are unsafe. Two or more failures, taken as a whole, can also amount to a major failure (s260(2)). A major failure lets you reject the goods and choose a refund or replacement, but only if the right to reject hasn't been lost: it ends once the rejection period has passed, the time from supply within which it would be reasonable to expect the failure to become apparent (s262). Compensation for the drop in value (s259(3)(b)) can still be available after that.
You may also be able to claim damages from the manufacturer for an acceptable-quality failure (s271(1)), alongside your rights against the seller. That action must start within 3 years of when you first became, or ought reasonably to have become, aware that the guarantee had not been complied with (s273). Useful when the retailer is unresponsive or has closed.
What to do today
- Gather proof of purchase: a receipt, order confirmation or loyalty-card record. It's evidence, not a precondition, and a bank or card statement may be sufficient, depending on whether it identifies the business, the transaction and the goods clearly enough.
- Document the failure: when it happened, what's wrong, photos of the defect. If the cause is disputed, an independent repairer's written report on the cause, whether it can be repaired and the cost can help. If the product may be unsafe (an electrical fault or overheating, for example), stop using it and check for a product recall (ACCC Product Safety).
- Approach the seller first, in writing. Cite s54 and explain why goods like these should reasonably last longer than the warranty period. Back up your data before handing over a phone or laptop for repair.
- If they push back, send a formal demand letter referencing the specific sections, with a clear deadline for a response (14 days is a practical default, not an ACL requirement).
- If the business refuses or doesn't respond, your state or territory consumer protection body may help, for example by contacting the business or conciliating, if your complaint meets its criteria. Most expect you to have tried to resolve the matter with the business first, and eligibility rules vary by state and dispute type. These bodies don't make binding orders in ordinary consumer disputes and can't make the business settle.
- You can also apply to a tribunal or court with jurisdiction, which can make binding orders. In NSW, Victoria, Queensland, the ACT and the NT, a tribunal (NCAT, VCAT, QCAT, ACAT or NTCAT) hears many consumer claims within its limits; in Western Australia, South Australia and Tasmania, ordinary consumer claims go to the Magistrates Court. Confirm the forum, its current thresholds and filing fees on the official site before filing, and ask about fee exemptions or reductions if cost is a concern. You can usually run a claim without a lawyer, though some forums restrict legal representation (QCAT, for example, requires permission). Limitation laws and forum time limits apply, so don't leave it too long.
Common situations we see
- iPhone or Samsung phone that died at 14-18 months. The manufacturer's 12-month warranty doesn't set the limit of your rights: whether s54 still applies depends on what a reasonable consumer would expect of that phone, given its price and how it was used, and for an expensive phone that may well be longer than 12 months.
- Washing machine bearings failed at 18 months on a machine that cost $1,200. A reasonable consumer would likely expect a machine at that price to last well beyond 18 months, so the failure may breach s54.
- TV stops powering on just after the 24-month warranty ends. Durability under s54 is judged by what a reasonable consumer would regard as acceptable for that TV, not by the warranty card.
- Laptop screen failure at 16 months. Whether s54 applies depends on the laptop's price and use and whether the failure is consistent with normal wear; a screen that fails under ordinary use at 16 months may well fall short.
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This page is general information about Australian Consumer Law, not legal advice. It also touches on complaint and escalation pathways (state and territory consumer bodies, the ACCC, building regulators, the Telecommunications Industry Ombudsman, tribunals and courts) and limitation laws, whose scope, rules, thresholds and processes sit outside the ACL or can change. Confirm the current position with the relevant body before lodging. For advice on your specific case, see your state or territory consumer body — full list at /agencies.