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Old 04-14-2013, 12:54 AM   #8
MacEachaidh
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I was trying to make the distinction between rights you can enforce, and what you have "reasonable" grounds to negotiate — which means what you can ask for but not demand, and what the seller or manufacturer doesn't necessarily have to agree to.

It's all very well for the ACCC to say it's "reasonable" to ask for more (and I agree, it is), but that carries no legal weight whatsoever. Unless they want to create good word-of-mouth, the seller can simply say "No, I think 12 months' warranty is reasonable for this" and decline to act any further. Your only option then is to go to court (you can report it to the ACCC, but its own pamphlet says the ACCC won't take part in a dispute between a customer and a seller), but you still have to get the court to agree with you; it's not your automatic right, however much it should be, and that's my point.

It's not really a "statutory" warranty if it doesn't confer any enforceable rights. It's just an implied grounds for negotiation, and the seller can be as unreasonable as they want, stick to their guns and the basic 12 months, and they're not prosecutable for it.
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