Thread: Household water pumps and Australian consumer law

Originally Posted by Scouse

Because you didn't buy the replacement.

Scouse is correct with this and his previous post.

DL

Originally Posted by Scouse

Because you didn't buy the replacement.

G`day ,

have you see this written anywhere or have a reference to .

I had a bit of a search but can`t find anything other than a reference to a replacement phone having the same rights of the one it replaced .

I found in NZ the warranty starts with the replacement .

I wasn`t aware that the normal warranty spoken of is a voluntary warranty the one that has teeth it seems is the law enacted in 2011.

I have only noted from government sites .

In this case as i see it whoever sold him the pump is who his contract is with , the 6mth warranty period has little importance because of the Law and the fit for purpose and time of expected use clause .

Though it`s one thing to be it the right and another for things to be made right .

I think with your example of the 2yr warranty the voluntary part will finish with the 2nd year but the Law will cover the replacement from the time of its replacement and not from the purchase time of the original item .

Nout ( not a pom but like the word ) is overly clear on the Gov site though .

Originally Posted by PLR

have you see this written anywhere or have a reference to .

Not that I recall, it's just come from 20 odd years of dealing with warranty claims & manufacturers.

Originally Posted by PLR

I think with your example of the 2yr warranty the voluntary part will finish with the 2nd year but the Law will cover the replacement from the time of its replacement and not from the purchase time of the original item .

You're probably right as I said there's probably an expectation that the replacement part will last more than the stated 6 months.

The problem is that once you start fighting with retailers, suppliers, manufacturers, Fair Trading & then NCAT (in NSW), you'd have wasted more time & effort than it would have been worth to resolve the situation yourself. I'm sure some retailers/suppliers count on this.
Obviously, big ticket items are a different story.

So let me try to understand this:
I pay someone to install a pump which has say a one year warranty.
The pump fails after six months and is replaced under warranty with an identical pump.
The warranty comes from the manufacturer, doesn't it?
So why wouldn't the identical replacement pump carry the same manufacurer's warranty as the original?
If I buy a new car it carries a warranty. If I later replace it with an identical new car it carries the same new car warranty.
Isn't that right?

Ring the Dept. of fair trading. They will explain exactly what you're entitled to, give you a reference number, and follow up if your subsequent approach isn't fruitful.

NSW Fair Trading - home


Don.

Originally Posted by DiscoMick

So let me try to understand this:
I pay someone to install a pump which has say a one year warranty.
The pump fails after six months and is replaced under warranty with an identical pump.
The warranty comes from the manufacturer, doesn't it?
So why wouldn't the identical replacement pump carry the same manufacurer's warranty as the original?
If I buy a new car it carries a warranty. If I later replace it with an identical new car it carries the same new car warranty.
Isn't that right?

You answered your own question.. If you buy a pump with 1 years warranty, and it fails after 6 months, the manufacturer/seller is legally obliged to replace it under warranty.. Your replacement pump fills the spot of your failed pump, which was replaced under warranty within the year timeframe. You have 6 months warranty remaining on your replacement pump, as you purchased 'a pump' with 1 year of warranty from date of purchase. You are not out of pocket with the replacement pump.

Re the car... If 'you' decide to 'replace it' with a new one, you have purchased a 'new car', and have entered into a 'new contract', therefore you have a new warranty period.

I sell several brands of tractor. One particular brand I sell has a 3000 hour or 3 year warranty. If within 3 yrs or 3000 hours the engine or trans fails, the manufacturer will supply me the parts (or complete engine/trans if required) and we (the dealer) will fix said tractor. If after 3 yrs or 3000 hours from date of purchase, the replacement part (or engine/trans) fails, because the original item (tractor/car...) has covered its warranty period, then tough. You are on your own. The replacement part (in your case the replacement pump) might have only covered 500 hours since being replaced, but since the original 3000/3yr warranty period has been met, the supplier/dealer obligation has been met.

Hope this makes sense.

Not quite that simple
If that Engine/Trans has a reasonable expectation (read design life) of say 8000 hours and it fails at 500 hours it would be deemed of insufficient merchantable quality and covered under consumer laws...

Just as Digger is finding out at the moment.

Originally Posted by Tombie

Not quite that simple
If that Engine/Trans has a reasonable expectation (read design life) of say 8000 hours and it fails at 500 hours it would be deemed of insufficient merchantable quality and covered under consumer laws...

Just as Digger is finding out at the moment.

Not sure of Diggers story, but if a vehicle that a 'replacement' engine has been fitted to has a major mechanical failure after the warranty period (lets say 5000 hours/50000kms) has been exceeded, then there's no warranty. The original contracted warranty period has been met and covered, and is finished. If however the replacement engine fails within the original vehicle warranty period of 5000hrs/50000kms, then a 3rd engine would be fitted. (At this point mind, you'd probably be questioning the product you bought!! )

So, what's happened to Digger's rig?