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Contract Law Essay

1493 words - 6 pages

The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
As regulations keep changing, it is important to note that consumer guarantees are only applicable for goods and services purchased on or after 1st January 2011. The laws that ...view middle of the document...

Staffs are not allowed to make false, deceptive and misleading answers related to customers’ questions. If consumers suffer loss or any damage because they rely on the staff answers, they can complain and request a replacement, repair or refund (Brendan, S et al, 2013)

What replacement policy that consumers have to be aware of?
• Consumers are entitled to replace any faulty items, because businesses only suppose to sell products with acceptable quality. Faulty items mean:
 Products do not do what it is supposed to do, for example fat burner powder that sold by Elite Sport Supplement makes its consumers more easily to starve.
 Products are unsafe. For example, the fat burner powder causes allergy. Consumers have to be aware if they know and have examined that there are hidden defects and can cause allergy in the item and they still buy it, they are not allowed to return the item.
 Items are physically unacceptable, for instance, if the seal is broken.
 Products are not durable. In this case, the type of non-endurable products are like electronic products, such as the portable computer that just purchased last months is freezing and could not be used anymore (Australian Consumer Law, 2013)
Can consumers replace or refund items even when they do not have payment receipts anymore?
• Yes, consumers are permitted to replace or refund any item; even they do not have the payment receipt anymore. However, they have to provide any evidence such as credit or debit card statements, lay-by agreements and confirmations or receipt numbers from a phone or online purchase. This is also applied to the consumers who wish to get a refund if the item they have is a gift (Australian Completion and Consumers Commission, 2013)

What if there are multiple price tags and additional fees in one product?
• Staffs have to clearly inform the consumers which price they suppose to get if there are multiple price tags in one product. Consumers are entitled for the lowest price.
• Staffs must let the consumers know if there are any additional fees, additional taxes and charges. Thus, the total price has to be clearly stated in the payment receipt (Australian Completion and Consumers Commission, 2013)

How acceptable is the quality of products and services?
• Consumers are guaranteed to receive products and services that do not provide any harm to them. For products, the quality of products has to be acceptable, fit for the purposes, match with the sample, description and demonstration. More importantly, the products and services have to be matched and fit as what the staff said.
There was a case in 1936, according to Carvan, J (2010) Dr. Grant, the plaintiff, suffered dermatitis, as a result of wearing woolen underpants which had been manufactured by the defendant (Australian Knitting Mills Ltd). Later, there was defective element in the underpants that assumed as the cause of the dermatitis. Grant successfully sued knitting because the quality of the product was not...

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