RV FEATURE
CONSUMERS
1 . Consumers have automatic consumer guarantees that apply to all eligible goods and services , including caravans . Any term in a contract which purports to limit or exclude consumers ’ rights under the consumer guarantees will be void . The consumer guarantees include a guarantee that goods must be of acceptable quality .
2 . Where a failure to meet one or more consumer guarantees occurs , consumers are entitled to remedies . These include repair , replacement or refund . The type of remedy available , and whether the consumer is entitled to choose the remedy , depends on whether the failure or failures is minor or major .
3 . The consumer guarantees apply regardless of any warranty offered by the supplier . In the ACCC ’ s view , it is reasonable to expect a caravan will not exhibit a major defect for several years .
If the supplier refuses to provide the consumer with the appropriate remedy for failure to meet one or more of the consumer guarantees , the consumer can take the supplier to a court or tribunal to seek a remedy . They may also contact the ACCC or their state and territory office of fair trading .
SUPPLIERS
1 . Suppliers must not accept payment for caravans if they know that they are not able to supply the products within the timeframe quoted or within a reasonable timeframe .
2 . The ACCC expects that suppliers will be proactive and accurate in communicating any delivery delays and reasons for delays to consumers . The same applies to any delays to repairs .
3 . Suppliers must be truthful in any statements they make to consumers about the caravans they are selling . Suppliers should exercise caution when making representations about the performance of caravans , consumer guarantee rights and warranties .
4 . Any opinion that the consumer is not entitled to a remedy must be based on a thorough assessment of the caravan .
5 . Suppliers must not engage in conduct which is unconscionable . This includes conduct that is harsh , oppressive or beyond hard commercial bargaining . The obligation also applies to manufacturers in their engagement with suppliers .
6 . Suppliers have a right to be indemnified by the manufacturer for the cost of providing consumers with remedies for failures with the consumer guarantees . For most failures , the indemnity includes the cost of the part ( s ) and other costs , such as labour . Manufacturers must not misrepresent the nature or extent of their obligation to indemnify a supplier .
Source : ACCC report , New Caravan Retailing : Ensuring Industry Compliance with the Australian Consumer Law
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