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repair or, in the case of services, resupply. If the seller does not fix the problem or takes too long,
you may be able to get it fixed by someone else and recover the costs from the seller depending
on the circumstances.
Remedies for major failure with goods
Return the product and ask for a refund, Return the product and ask for an identical
replacement, or one of similar value if reasonably available, Keep the product and ask for
compensation for the drop in value caused by the problem.
Remedies for major failure with services
Cancel the contract and pay a reasonable amount for the work done, or seek a refund, For
money already paid, keep the contract and negotiate a reduced price for the drop in value of the
service — this may mean asking for some of your money back if you have already paid.
For goods, there is a major failure to comply with a consumer guarantee when:
• You would not have purchased the product if you had known about the problem.
• The product is significantly different from the description, sample or demonstration model you
were shown.
• The product is substantially unfit for its normal purpose and cannot easily be made fit within a
reasonable time.
• The product is substantially unfit for a purpose that you told the supplier about, and cannot
easily be made fit within a reasonable time.
• The product is unsafe.
For services, there is a major failure to comply with a consumer guarantee when:
• You would not have engaged the service if you had known the nature and extent of the
problem.
• The service does not meet the reasonable expectations for that type of service, and the
problem cannot be rectified within a reasonable time.
• You told the supplier that you wanted the service for a specific purpose, which was not fulfilled,
and the problem could not be easily rectified within a reasonable time.
• You told the supplier that you wanted a specific result, yet the service and end result failed to
meet your specifications and could not be easily rectified within a reasonable time.
• The supply of the service has created an unsafe situation.
For information on Australian consumer laws, please visit Australian consumer law website at
www.consumerlaw.gov.au.
