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Old 04-13-2013, 10:53 PM   #6
MacEachaidh
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Join Date: Apr 2010
Location: Australia
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Quote:
Originally Posted by meeera View Post
Well, the point of the article is that Apple is already acknowledging it, and that the law looks to be behind you if you do want to claim between 12 and 24 months. That means there is a certain amount of leverage to be had if you threaten the rights sorts of consumer action when declined.
If Apple is choosing to extend its explicit warranty period, then great. But that's due to consumer pressure, not legal requirement.

I'm not against a longer time period for warranties by any means — I think everyone would agree that 12 months is simply too short — I'm just saying that the law doesn't enforce any actual rights beyond the warranty terms, if stated, or a generic 12 months if no period is defined.

Quote:
Originally Posted by RickyB View Post
The 'statutory warranty' period in Australia is not necessarily based on the type of product, such as an e-reader or TV. Instead they "apply for the amount of time that is reasonable to expect, given the cost and quality of the item" (my emphasis) Reference here.

So a cheap no brand TV would not have the same statutory warranty period as a high end TV.
I don't think that's what the pamphlet says, RickyB. The only two references to an explicit period are when it says:

Quote:
Voluntary warranties usually apply for a set period – typically 12 months.
which defines what rights you have, and

Quote:
For example, it is reasonable to expect that an expensive television should not develop a serious fault after 13 months of normal use. In this case, the consumer could argue the item was not of merchantable quality
and ask for it to be repaired, even if the manufacturer’s voluntary warranty had expired
which defines what it may be reasonable for a consumer to ask a seller or manufacturer to consider.

And note that this is in reference to voluntary warranties, not statutory ones. It doesn't say we have the right to demand a remedy, only that that would be a reasonable basis for negotiation. It's left wide open for the seller to decline. It's not enforceable.

The only implicit statutory warranty we have is 12 months, unless the manufacturer voluntarily states otherwise.
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