Knowing Your Consumer Rights Can Save You $$

When it comes to spending on items we're going to be using long term, I try to find a balance between cost and quality/longevity. There's a saying that “you get what you pay for,” yet this seems to apply less and less these days. A low priced item might last way longer than you'd have expected and a high cost item might only have that mark up due to the brand label and be no better than a middle of the range item. So checking reviews often gives a better idea of what you're getting and what the service is like if it goes wrong. However, if you have paid for a quality item and it breaks with normal use just out of warrantee, you still have recourse.

^{Image courtesy of @axeman}

A few months ago we had two high cost electrical items break during normal use. The first was a 1000 AUD (approximately) Dell gaming laptop. The hinge on it crumbled into pieces on the inside just months after purchase. Then shortly after our microwave/convention oven tripped the household fuse when switched on one day and when we got the power back to it the microwave had stopped working and the turntable was no longer turning. We’d paid over 800 AUD for it just under two years ago.

The Dell laptop was well within the warranty period, so other than a few hiccups while we tried to send photo proof while our internet played up and them trying to get parts in, that was fixed by a technician who came out to us and changed the entire screen. They were helpful and friendly, but the technician did express that it was a fairly common problem, unfortunately, because the plastic the hinge is made of gets brittle over time and then breaks. There are accusations that Dell does this on purpose so you'll have to pay to replace screens when the warrantee runs out and if you look online it seems that Dell in the US aren't quite as helpful as Dell Australia try to be.

The Sharp microwave was less straight forward, because it was out of the one year warrantee period. When I finally found a repairer who would even do the Sharp brand, the cost was $150 to get them out, then over $160 per hour after that, plus any parts! When I asked around locally if anyone knew of a better option, someone suggested taking it back to the shop I got it and threatening them with consumer law if they didn't want to repair it. So I dug into that to arm myself before calling the place I purchased it up.

Under Australian consumer law, and this goes for many other countries too, a product has to be fit for purpose for a reasonable time given the quality and price of the product and this supersedes the manufacturer's warrantee as long as it has been sold to you in the country. If you bought it abroad then you won't have this protection.

To assess the expectation of whether it has broken during normal use in an unreasonable amount of time, you should ask yourself if you would have bought the item if you'd been told at the time that it would only last for the amount of time that has passed. For me this was a no brainer. If I'd been told that this $800+ microwave was going to break down in two years, I'd have gone to Kmart and bought a $50 one. At that price I'd have gotten 16 years if prices stayed the same.

I'd read that retailers will try to pull a fast one, so I firmed my resolve and made the call. I was told it might be out of warrantee and asked I’d purchase the VIP extended warrantee. I don't ever do this, because time and time again I've read they aren't worth the paper they're written on and with consumer protection I can see why. I replied that I hadn't and was told to bring it in to be assessed and that I might have to pay for repairs if it's out of warrantee.

Upon delivery to the shop, with receipt in hand the girl at the counter told me there was nothing they could do because it was out of warrantee, at which point I pointed to the price I'd paid and said that if I'd been told at the time that it wouldn't even last two years I wouldn't have bought it and that I do believe consumer law trumps warranties. At this point she went to see her manager and came back to say that they would send it to a repairer and that were could have a loan microwave in the meantime. We didn't need a loaned one, because we don't even use microwaves that often, so we said I'd be happy with just the repair, which would apparently take up to 6 weeks (due to Covid).

Incidentally, while the girl was sorting this out, hubby had picked up a leaflet produced by the store which even informed about your rights under consumer law.

We were then moved on to a chap who began fill in the forms for a repair under consumer law. So yes, there are forms and processes in place for these very circumstances. As he put it through the computer he sheepishly said that he needed to tick some boxes to say that I agreed with some requirements. The first was that refurbished parts might be used, which is all perfectly above board. The next was that the repairer might contact me directly for collection from them upon completion, which is still absolutely fine as long as it's within a reasonable distance. Then he said that I would need to agree that I might have to pay any extra costs for repairs. Suddenly I realised why the guy had gotten uncomfortable. Unfortunately, he couldn't process the repair further without ticking that box on the computer, so I said that while I didn't agree, I comprehended that he needed to tick the box. He made it sound as if it was up to the repairer, so I said that I would discuss it with them, assuming that they must be a repairer from Sharp.

As we travelled home this was bugging me and I finally realised that it was just a repairer they were talking about, not Sharp themselves. So once home I double checked and it does indeed say that it is the responsibility of the retailer who sells to you to get an item repaired under consumer law. Whether they get the cost back from the manufacturer is their business, not the customer's. So I sent an email asking them to clarify what was said about us paying for repairs, so that I could have it for my records if I needed to get in touch with CBS, our State's consumer protection agency. At this point I knew that what they were doing was actually against consumer law (hence the veiled threat of bringing CBS into it), so I wasn't too surprised when they back peddled. I soon got a call to say that they were getting in touch with Sharp instead to ask them how they wanted to proceed, so there may be a longer delay.

To cut a long story short, Sharp told them to get it repaired and we actually got the microwave back in working condition in just over a week. So I guess they also decided they should probably stick to the reasonable time frame clause for repairs too.

According to an article, it is actually quite common for retailers to try and get out of these after warrantee responsibilities and consumer protection agencies have been getting increased reports on retailers as more people become aware of their rights. It can be time consuming and even stressful to get these things sorted and I think many retailers rely on that fact to put people off following through. With low cost items it might not be worth the effort, but with higher cost items it's worth it financially.

I recommend checking your local consumer laws when you next have a item break down just out of warrantee. You might find that you have more rights than you realise.

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