Quote:
Originally Posted by meeera
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The section you're quoting doesn't seem to apply to Ken Maltby as by his? own admission the problem is not due to a defect in the product but by damage caused by his own doing. The section seems to be solely referring to problems which are caused by a defective product or a product which doesn't meet reasonable expectations or advertising in some way. If you look carefully at the section, it says "
A business may refuse to give you a free repair, replacement or refund if: you misused the product or service in any way that contributed to the problem". In addition, if you look at the general statement it says "
Consumer guarantees do not apply if you: misused a product in any way that caused the problem".
http://www.accc.gov.au/consumers/con...mer-guarantees
However despite the confusing way the whole thing is worded, I believe this section "
repairs and spare parts - the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product" does apply to the OP since although his problem is caused by misuse, this doesn't change the requirement that the manufacturer have repair facilities available for a reasonable time after purchase, unless the OP was told otherwise. We have had something similar in NZ law for a while now
http://www.consumeraffairs.govt.nz/f...guarantees-act