My TV, fridge or washer died out of warranty. Do I still have rights?
What the consumer guarantees cover after a manufacturer's warranty ends, how durability is judged and how to get a repair, replacement or refund.
Often, yes. The Australian Consumer Law guarantees apply regardless of any warranty and have no set expiry, so an appliance must last as long as a reasonable person would expect for its type and price. A major failure lets you choose a refund or replacement. If the store refuses, Fair Trading can step in and a tribunal such as NCAT, which hears claims up to $100,000, can order it.
Rather not chase this yourself?
Ajust writes to the business, tracks the deadline and escalates if they don't fix it.
Do your rights end when the warranty does?
No. Consumer Affairs Victoria says products bought from an Australian business are covered by the consumer guarantees regardless of any other warranty. NSW Fair Trading says a warranty operates in addition to a consumer guarantee, not instead of it.
The guarantee that matters here is acceptable quality: under the Australian Consumer Law (ACL) a product must be safe, lasting and free from defects, judged by what would normally be expected for the type of product and its cost. The consumer guarantees have no set time limit, as JB Hi-Fi's own July 2024 warranty guide puts it.
There is no published lifespan for a TV, fridge or washer. The question is what a reasonable person would expect from that model at that price, used normally. A premium fridge that fails at 3 years is a different case from a budget TV used for 8.
| Major failure | Minor failure | |
|---|---|---|
| What counts | You would not have bought it had you known, it can't do its normal job and can't easily be fixed, or it is unsafe | A fault that can be fixed within a reasonable time |
| What you can ask for | A refund or replacement, or keep it and get compensation for the drop in value | A repair, a replacement or a refund |
| Who chooses | You do | The store does, and gets the first chance to fix it |
If a minor failure isn't fixed within a reasonable time, Consumer Affairs Victoria says you can reject the product or have it fixed elsewhere and claim the reasonable cost from the store.
Manufacturers must also keep repair facilities and spare parts available for a reasonable time, unless you were told otherwise when you bought it.
Ajust has handled over 80 cases about TVs, fridges, washers and other appliances that failed too early.
- 23% of these cases involve a product 3 or more years old.
- The typical amount at stake is about $1,440.
- When Ajust secured a result, it typically came in about 2 weeks.
Under the Australian Consumer Law, a major failure lets you choose a refund or replacement, while a minor one lets the business choose to repair, replace or refund.
What should you do first?
Step 1: Gather the purchase record and describe the fault
Find the receipt, order email or card statement, and note the model, the price and the date it failed. Take photos or a short video of the fault. Stop using it if it is unsafe.
Step 2: Claim from the retailer in writing and set a deadline
Go to the store you bought from, not the manufacturer, and make it a consumer guarantee claim, not a warranty claim. Ajust's recommended channel for JB Hi-Fi is a support request at support.jbhifi.com.au, or the store you bought from for in-store purchases. Give 14 days.
Subject: Consumer guarantee claim for [product and model], bought [date]
I bought a [product and model] from your [store or website] on [date] for $[price]. On [date] it [describe the fault: no picture, compressor failed, won't spin]. It has been used normally in my home.
This is not a warranty claim. Under the Australian Consumer Law the product must be of acceptable quality, which includes being durable for what a reasonable person would expect from a product of this type and price. A [product] that fails after [age] does not meet that guarantee, and the guarantee applies regardless of the manufacturer's warranty.
I consider this a major failure, so I am asking for a [refund of $[price] / replacement]. If you assess it as a minor failure, I ask that you repair it at no cost to me within a reasonable time. Please do not refer me to the manufacturer; the guarantee is owed by you as the seller.
Please confirm in writing within 14 days how you will fix this, and tell me in advance of any inspection or transport costs and when they would apply. If I do not hear from you, I will lodge a complaint with [your state Fair Trading or Consumer Affairs office].
[Your name]
Step 3: Agree the inspection terms before handing it over
Consumer Affairs Victoria says the seller should tell you up front what inspection or transport fees apply if no fault is found, and that you can recover reasonable return costs if a fault is confirmed. JB Hi-Fi's guide says it or the manufacturer will assess whether a product is faulty at no cost to the customer.
Step 4: Escalate inside the store if the first answer is no
Ask for the store manager, then the retailer's formal complaints or consumer law team. At JB Hi-Fi that is the ACL Warranty Claims Officer, which its guide names as the next step after the store manager.
What if the store still says it's out of warranty?
An out-of-warranty answer is not an answer to a consumer guarantee claim. Move up this ladder with your written claim and the store's written reply.
| Where | Covers | Time limit | What it can do |
|---|---|---|---|
| Store manager, then the retailer's consumer law team | The store you bought from | None, but go straight away | Repair, replace or refund |
| Manufacturer | Optional; LG, Samsung, Miele and others | None | Repair or replace under its own policy |
| State Fair Trading or Consumer Affairs | Any business | None | Contacts the store. NSW Fair Trading can issue a consumer guarantee direction |
| State tribunal (NCAT, VCAT, QCAT) | Any business selling in Australia | NCAT 3 years from the problem, for goods supplied in the last 10 years | Orders a refund, replacement or payment. NCAT hears claims up to $100,000, QCAT up to $25,000 |
NCAT's filing fee for a consumer claim up to $10,000 is $62. Claims go to conciliation first.
If the retailer doesn't fix it, it can be escalated to your state Fair Trading or Consumer Affairs office, a free service. Ajust handles the escalation for you.
Penalties for businesses that fail to provide a remedy have been agreed but are not law yet. Consumer affairs ministers agreed to them in November 2025 and Treasury is drafting the change (checked 15 October 2026).
Tell Ajust what happened and we do the heavy lifting for you. Emails, calls, escalations until it's resolved. While you get on with your life.
Get help from Ajust
What doesn't work
- Accepting "it's out of warranty". The consumer guarantees run separately from the warranty and have no set time limit.
- Going to the manufacturer because the store told you to. Consumer Affairs Victoria says it is generally the store's job to return products to the manufacturer for repair.
- Paying for an inspection without asking first. Ask what fees apply if no fault is found, and get it in writing.
- Skipping the store's chance to repair a minor fault. For a minor failure the store gets the first chance to fix it.
- Calling it a warranty claim. Call it a consumer guarantee claim, so the answer has to address the law, not the warranty card.
Common questions
The store told me to contact LG or Samsung. Do I have to?
No. You can go to the manufacturer if you want to, but Consumer Affairs Victoria says it is generally the store's job to return products to the manufacturer for repair. JB Hi-Fi's own guide says you are not obliged to deal with the manufacturer and staff must not say it is solely responsible.
How long should a TV, fridge or washer last?
There is no fixed figure in the law. Acceptable quality is judged by what a reasonable person would expect for that type of product at that price, used normally. Compare similar models, check what the manufacturer says about expected life and note the price you paid; a premium model is expected to last longer.
Can the store charge me to look at it?
Only if it told you up front. Consumer Affairs Victoria says the seller should say what inspection or transport fees apply if no fault is found, and that you can recover reasonable return costs when a fault is confirmed. Hiding or inflating those fees may be misleading.
It's too big to take back to the store. Who collects it?
For a major failure, the seller. Consumer Affairs Victoria says if a faulty item is too big to return, such as a wide-screen TV or an installed dishwasher, the seller pays to collect it. Ask the store to arrange the pick-up in your written claim.
I bought an extended warranty. Does that change my rights?
No. NSW Fair Trading says a warranty operates in addition to the consumer guarantees. An extended warranty can give you a faster repair path, but the store cannot use it, or the lack of it, to refuse a consumer guarantee claim.
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