The store says to contact the manufacturer. Is that allowed?
Why the store, not the manufacturer, owes you the fix for a faulty product, what to send and where to go if the store keeps passing you on.
No. Under the Australian Consumer Law the store that sold you a faulty product must sort it out, and the ACCC says businesses must not send you to the manufacturer for a remedy. The store may have it assessed, but only within a reasonable time. If the store still refuses, your state consumer agency or tribunal decides, and NSW Fair Trading can direct a remedy for products costing $25 to $3,000.
Rather not chase this yourself?
Ajust writes to the business, tracks the deadline and escalates if they don't fix it.
Can a store send you to the manufacturer instead of fixing it?
Not as the answer to your claim. The Australian Consumer Law (ACL) gives every purchase automatic rights called consumer guarantees, such as the guarantee that a product is of acceptable quality (section 54). When a guarantee isn't met, section 259 gives you a remedy from the supplier, which means the business that sold it to you.
The ACCC says businesses "must not tell consumers to go to the manufacturer for a remedy". In plain terms, the store is the right place for your claim, even when the brand has its own helpline.
Helping you doesn't leave the store out of pocket. The ACCC explains that when a fault is the manufacturer's, the manufacturer must reimburse the store for the repair, replacement or refund it gave you (section 274 of the ACL).
The store can still check the fault first. The ACCC says a business has the right to assess a product before providing a remedy, and that assessment may be done by the manufacturer. Having the manufacturer look at it is allowed. Being told to start your claim again with the manufacturer is not what the law sets up.
The big retailers' own policies say the same. Officeworks says you may prefer to contact the manufacturer directly, "although you are not obliged to do this". The Good Guys' staff code of conduct lists telling you that the manufacturer is solely obligated to fix your product as limiting your rights.
| What you can get | Claim from the store | Claim from the manufacturer |
|---|---|---|
| Can you choose this route? | Yes, always | Yes, if you prefer it |
| Major failure | Your choice of refund or replacement | Compensation for the drop in value; a repair or replacement only if it offers one |
| Minor failure | A free repair within a reasonable time, or the store's choice of replacement or refund | Compensation for the drop in value; a repair only if it offers one |
| Other losses the fault caused | Reasonably foreseeable losses | Reasonably foreseeable losses |
A major failure is one where a reasonable person wouldn't have bought the product knowing about the problem, or it can't do its normal job and can't easily be fixed. The page on when a store will only offer a repair explains the difference.
If the product is large, heavy or hard to remove, the store must collect it at its own cost. The ACCC gives widescreen TVs and installed appliances like dishwashers as examples, and section 263 of the ACL says the collection must happen within a reasonable time.
An expired manufacturer's warranty doesn't end your rights. The NSW Government says the guarantee of acceptable quality will usually continue to apply after a warranty expires. How long depends on things like the product's price and quality.
Ajust has handled over 30 cases where a store sent the customer to the manufacturer.
- In these cases, the typical amount at stake is about $1,640.
- In Ajust's cases with The Good Guys and Bing Lee, it was the store or territory manager who broke the deadlock, not the manufacturer.
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?
Put the claim back to the store, in writing, and ask for a date.
Step 1: Write down what you were told
Note the date, the store and what staff said, such as "call the manufacturer" or "we've logged a ticket, wait two days". Keep the receipt or bank statement, and take photos or a short video of the fault.
Step 2: Ask the store in writing
Email or use the store's written form so you have a record and a date. Ajust's recommended channels:
- JB Hi-Fi: a support request at support.jbhifi.com.au, or the store you bought from for in-store purchases.
- The Good Guys: the contact form at thegoodguys.com.au/contact-us or customercare@thegoodguys.com.au. For faulty products, emailing the store you bought from often got a faster answer in Ajust's cases.
- Officeworks: an email to the Customer Resolution Group at owwebsupport@officeworks.com.au. The support@ address was unresponsive in Ajust's cases.
- Any other store: whichever channel gives you a written record and a reference number, usually the web form.
Subject: Faulty [product]: request for a remedy under the Australian Consumer Law
Hello,
On [date of purchase] I bought a [brand and model] from your [store location or website] for $[price]. A copy of the receipt is attached.
Since [date the fault started], it has [describe the fault]. Photos and a video are attached. It has been used normally and has not been dropped, knocked or exposed to liquid.
On [date] I raised this with [your store / customer service] and was told to contact the manufacturer. Under section 259 of the Australian Consumer Law, the remedy for goods that are not of acceptable quality is owed by the supplier, which is you. The ACCC's guidance is that businesses must not send consumers to the manufacturer for a remedy. If the fault is the manufacturer's, section 274 lets you recover your costs from them.
I consider this a [major failure, because a reasonable consumer would not have bought it knowing about this fault / failure that needs a free repair]. I am asking for a [refund of $[price] / replacement with the same or an equivalent model / free repair completed by [date]].
If you need to assess it, including through the manufacturer, please do so within a reasonable time and tell me the date you expect to provide the remedy. [If it is large or installed: It cannot be returned without significant cost to me, so please arrange collection at your expense (section 263).]
Please confirm in writing within 14 days of this email how and when you will provide the remedy. If I have not heard from you by then, I will lodge a complaint with [NSW Fair Trading / Consumer Affairs Victoria / your state consumer agency].
Regards,
[Your name]
[Phone]
Step 3: Go to the store manager, then above the store
If the written answer is still "contact the manufacturer", ask for the store manager. The Good Guys' policy says its store managers are authorised to provide an alternative remedy, and that you can then write to its ACL Warranty Claims Officer. For other chains, ask for the area or territory manager above the store.
Step 4: If the store is waiting on the manufacturer, hold it to a date
A store can send the product to the manufacturer for assessment, but the clock is still the store's. If it doesn't fix the problem within a reasonable time, section 259 lets you have it fixed elsewhere and recover the reasonable cost from the store, or reject the product and choose a refund or replacement.
What if the store still refuses?
Take it outside the store. Your state consumer agency can contact the store to try to reach an agreement, and a tribunal can make an order the store must follow.
| Where | What it does | Time limit | Cap |
|---|---|---|---|
| Store manager, then the retailer's area manager or complaints team | Can approve a remedy the counter staff refused | None, but act promptly | None |
| State consumer agency (NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading) | Contacts the store to try to reach an agreement. NSW Fair Trading aims to resolve most complaints within 30 days | None stated | None stated |
| NSW Fair Trading consumer guarantee direction | If its complaint process fails, it can direct the store to repair, replace or refund. The store must comply within 28 days | Ask within 30 days of being told your options; product bought in the 6 months before your complaint | Products costing $25 to $3,000, excluding GST |
| Tribunal (NCAT in NSW, VCAT in Victoria, QCAT in Queensland) | Hears the claim and makes a binding order | NCAT: 3 years from when the problem arose. QCAT points to Queensland's 6-year limit | NCAT up to $100,000; QCAT up to $25,000. Application fees apply |
In NSW, Fair Trading can direct a store to repair, replace or refund a product costing $25 to $3,000 (excluding GST), if it was bought in the 6 months before you complained. The NSW Government's consumer guarantee directions page sets out the rules, including that both you and the business must be based in NSW, although a company only needs a presence in Australia.
NCAT claims must be made within 3 years of when the problem arose, and the product must have been supplied in the last 10 years. Other states set their own limits.
If the store doesn't resolve it, it can be escalated to your state's consumer agency. Ajust handles the escalation for you, including the store and territory manager contacts that come before it.
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
- Starting over with the manufacturer and dropping the store. If you do try the brand's helpline, tell the store in writing that your claim with it still stands.
- Waiting on a ticket with no date. "Someone will call you" isn't a timeframe. Ask the store for the date it will provide the remedy.
- Accepting "it's out of warranty". The consumer guarantees usually continue after the manufacturer's warranty ends.
- Arguing only on the phone. Without a written request there is nothing to show a manager, an agency or a tribunal.
- Getting rid of the product. Section 262 says you can't reject goods you have disposed of, so keep it until the claim is settled.
Common questions
Can I claim from the manufacturer if I want to?
Yes, it's your choice. Section 271 of the ACL lets you claim from the manufacturer when a product isn't of acceptable quality. The ACCC says you're then entitled to compensation for the drop in value and sometimes other losses. A manufacturer may offer a repair or replacement, but you can't demand one from it.
The store logged a ticket with the manufacturer and told me to wait. Is that OK?
Waiting for an assessment is reasonable; waiting with no end date is not. The remedy must come within a reasonable time. Ask the store in writing for a date. If it passes, the ACL lets you have the product fixed elsewhere and recover the reasonable cost from the store, or reject it and choose a refund or replacement.
I bought it from Apple or the brand's own store. Who do I claim from?
The brand itself. When the manufacturer sold it to you, it is also the supplier, so it owes you the consumer guarantees as the seller. Its warranty, or an extra cover plan, sits on top of those rights. The NSW Government says an extended warranty doesn't replace your consumer guarantee rights.
What if the store has closed down?
Then the manufacturer is your main route. Section 271 of the ACL lets you claim from the manufacturer when a product isn't of acceptable quality, for the drop in value and reasonably foreseeable losses. Contact the brand in writing with your receipt and evidence of the fault, and ask what it will offer.
Does the store have to pick up a big appliance?
Yes, if returning it would cost you a lot. The ACCC says stores must collect large, heavy or hard-to-remove products, such as widescreen TVs and installed dishwashers, within a reasonable time. If the store finds nothing wrong, it can charge you for collection and inspection, but only if it gave you an estimate first.
Still stuck? Let Ajust take it from here
Other
Retail
Issues
Read about the issues consumers are facing. Have a different issue? You can still make a complaint.