Your rights when a part fails

Parts sometimes fail, and repairs sometimes go wrong. When that happens, you may have more rights than you think. The Australian Consumer Law includes consumer guarantees that apply automatically when you buy goods or services from a business, whether you're buying a new alternator, a used gearbox or a mechanic's labour. This guide explains the guarantees, how they differ from warranties and how to ask for a fix.

This guide is general information, not legal advice. For help with a specific dispute, contact your state or territory consumer protection agency.

Guarantees on parts

Consumer Protection WA explains that when you buy products from a business, the seller must provide a remedy if they don't meet guarantees including:

• acceptable quality;
• fitness for a specified purpose, such as when you've told the seller what you need the part for;
• clear title;
• matching their description;
• matching a sample or demonstration model.

It also explains that manufacturers and importers guarantee acceptable quality, that products match their description, and that repairs and spare parts are available for a reasonable time.

These guarantees apply to new and used goods bought from a business. Private sales are treated differently.

Guarantees on repairs and servicing

When you pay for a service, such as a repair or service, the provider guarantees that:

• they'll perform the services with due care and skill;
• the services will be fit for a particular purpose;
• the services will be provided within a reasonable time.

So if a mechanic fits a part incorrectly and it fails, you may have rights against the mechanic as well as, or instead of, the parts seller.

Remedies

Consumer Protection WA says that if a product or service fails to meet a guarantee, you may be entitled to a remedy such as cancellation, repair, replacement, refund or compensation. The specific remedy depends on whether the problem is with a product or a service, and whether it's a minor or major fault.

Generally, for a minor problem, the business can choose to fix it. For a major problem, you usually have more choice. Your state consumer protection agency can explain how this applies to your situation.

Rights can't be taken away

Consumer guarantees apply automatically. Consumer Protection WA says a business can't remove your rights by:

• displaying a "no refunds" sign;
• saying refunds aren't available at all or after a certain number of days;
• saying it isn't responsible for problems with a product or service;
• saying you must buy an extended warranty to avoid losing your basic rights.

Guarantees versus warranties

Consumer guarantees are not the same as warranties. A warranty is a promise by the manufacturer or seller, with its own terms. Consumer guarantees are rights under the law. You can have both.

Consumer Protection WA notes that even if you don't have a manufacturer's warranty or it has expired, you may still be entitled to claim for manufacturing defects or faults under the Australian Consumer Law.

How to ask for a remedy

1. Stop using the part if it's unsafe. Don't drive a car with a faulty safety-critical part.
2. Gather evidence: receipts, invoices, part numbers, photos, messages and service records.
3. Contact the business that sold the part or did the work. Explain the problem and what you want, such as a repair, replacement or refund.
4. Put it in writing if a phone call doesn't resolve it. Keep copies.
5. Give them a reasonable chance to respond.
6. Contact your state consumer protection agency if you can't resolve it.

Common situations

A used part fails soon after fitting. Check any warranty terms and contact the seller. Consumer guarantees may also apply when you bought from a business, although what counts as acceptable quality can depend on the circumstances.

The wrong part was supplied. If you gave the right details and the seller confirmed it would fit, the part may not match its description or be fit for the purpose you specified.

A repair didn't fix the problem. Talk to the repairer. Services must be performed with due care and skill and be fit for the purpose.

A part was damaged in freight. Contact the seller straight away with photos.

Keeping records

Consumer Protection WA suggests keeping a list of work done and receipts, because they may help with future warranty or repair disputes and you may need to share this information with future buyers. Keep part numbers, invoices and messages confirming fitment.

Authorising repair work

Consumer Protection WA notes that you need to authorise repair work based on the original quote and any agreed additional work. Ask the repairer to contact you before doing extra work. See our guide to quotes, servicing and warranties.

Writing a complaint letter

If a phone call doesn't resolve the problem, a short written complaint often helps. Include:

• your name and contact details;
• the date of purchase or repair and the invoice number;
• a description of the part or service and the problem;
• what you'd like the business to do, such as repair, replace or refund;
• a reasonable date for a response;
• copies of receipts, photos and other evidence.

Keep the tone factual and polite. Keep a copy of everything you send.

Getting help

Each state and territory has a consumer protection agency that can provide information and, in many cases, help resolve disputes. If a dispute can't be resolved, tribunals in each state and territory handle many consumer claims. Your agency can explain the options in your area.

Private sellers

When you buy from a private individual rather than a business, the consumer guarantees generally don't apply in the same way. That makes inspecting the part before you pay and getting clear written descriptions even more important. If something goes wrong, your options may be limited.

Rights and fitting

If you fit a part yourself and it fails, the business may question whether it was fitted correctly. Keep records of how the part was fitted and by whom. Having a qualified mechanic fit important parts can make warranty and consumer guarantee claims more straightforward.

Extended and dealer warranties

Some sellers offer extended warranties for an extra cost. These are optional contracts with their own terms and conditions. Read them carefully before buying, including what's covered, any excess and servicing requirements. Consumer Protection WA notes that a business can't tell you that you must buy an extended warranty to avoid losing your basic consumer rights, which apply automatically regardless.

Acting promptly

Raise problems as soon as you notice them. Prompt complaints, backed by receipts and photos, are easier for businesses to investigate and resolve.

Key points

• Consumer guarantees apply automatically to parts and services bought from businesses.
• Parts must be of acceptable quality, fit for a specified purpose and match their description.
• Repairs must be done with due care and skill, fit for purpose and within a reasonable time.
• Remedies depend on whether a fault is minor or major.
• A "no refunds" sign can't remove your rights; keep receipts and records.