The store says it's physical or liquid damage. Can I dispute that?
When a store can refuse a repair over physical or liquid damage, how to dispute its finding and where to go if it still says no.
AI-assisted research and reviewed for accuracy. Something out of date? Let us know.
Yes. A store can refuse a remedy only if damage you caused, not a defect, is behind the fault: the Australian Consumer Law's exception covers goods damaged by abnormal use. If the business finds no fault, it can charge you for inspection only if it gave you an estimate first. If the store won't change its finding, your state consumer agency or a tribunal such as NCAT can take it further.
Already tried and got nowhere?
That's where we start. Our team takes it from here.
Can a store refuse a repair because it says you damaged it?
Only if the damage, not a defect, caused the fault. If you don't accept the store's finding, you can dispute it in writing, back it with your own evidence and take it outside the store.
The Australian Consumer Law (ACL) gives every purchase automatic rights called consumer guarantees. One is that a product is of acceptable quality: safe, durable and free from defects (section 54).
The exception in section 54(6) covers goods the consumer damaged through abnormal use. The ACCC puts it plainly: you aren't entitled to a repair, replacement or refund if the problem was caused by you misusing the product. Consumer Affairs Victoria gives dropping a mobile phone in water as an example.
So the question is what caused the fault. A scratch, a dent or a mark on a liquid indicator is not the same thing as proof that it caused the fault you reported.
Apple says liquid damage to an iPhone isn't covered by its one-year warranty, but "you may have rights under consumer law". Apple also says that even if you see a red liquid indicator, you should have the device inspected when you aren't sure liquid is causing the issue.
The store is allowed to check first. The ACCC says a business has the right to assess a product before giving a remedy. Officeworks, for example, says it may have a third-party repair agent assess "the nature and cause of the fault".
| What the store found | What it means for you |
|---|---|
| A defect, with no damage linked to it | The consumer guarantees apply. A minor failure gets a free repair. A major failure lets you choose a refund or replacement |
| Damage you caused, such as a drop in water | No remedy under the guarantees, although the store may still choose to help |
| Damage you dispute, or damage that has nothing to do with the fault | The store's finding isn't the last word. If you can't agree, an agency can try to resolve it and a tribunal can decide it |
| No fault at all | The store can charge for collection and inspection, but only if it gave you an estimate first |
If the business finds no fault, it can make you pay collection and inspection costs only if it gave you a reasonable estimate of them first. That rule comes from the ACCC.
What should you do first?
If the store only told you at the counter or on the phone, ask for its finding in writing and reply in writing before anything else.
Step 1: Keep your evidence
Keep your receipt and photos of the device from before you handed it over. Ask the store for the assessment report and its photos. If you can, get a written report from an independent repairer on what caused the fault, and ask for a report only, not a repair. If others report the same fault on your model, save the links and check productsafety.gov.au for a recall.
Step 2: Dispute the finding in writing
Write to the store that sold it to you, so you have a record and a date. Ajust's recommended channels:
- Officeworks: an email to the Customer Resolution Group at owwebsupport@officeworks.com.au. The support@ address was unresponsive in Ajust's cases.
- JB Hi-Fi: a support request at support.jbhifi.com.au, or the store you bought from for in-store purchases.
- Samsung: live chat at samsung.com/au/support/contact or 1300 362 603.
- Apple, Nintendo or any other business: whichever channel gives you a written record and a reference number, usually the web form.
Subject: Disputed damage finding: [product]
Hello,
On [date] I bought a [brand and model] from you for $[price]. On [date] it [describe the fault], and I returned it for a remedy.
You have declined, saying it has [physical / liquid] damage. I don't accept that this caused the fault. Please send me the assessment report and photos. I have attached [my photos / an independent report].
I am asking for a [repair / replacement / refund]. Please reply in writing within 14 days.
Regards,
[Your name]
Step 3: Hold the store to a date
If the store says it will review the finding, ask for the date it will reply. Keep the device until the claim is settled.
Already done all this and still being told it's damage? Here's what happens next.
What if the store still says no?
Take it above the person who assessed it, then outside the store. Each route has limits worth knowing first.
| Where | What it does | Where it stops |
|---|---|---|
| Store manager, then the complaints or customer resolution team | Can look at your evidence and overturn the counter's decision | It's still the store deciding about its own assessment |
| State consumer agency (NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading) | Contacts the store to try to reach an agreement | Queensland's Office of Fair Trading says it cannot make judgments like a court, or force a business to compensate you or fix a problem |
| NSW Fair Trading consumer guarantee direction | Can direct the store to repair, replace or refund, after both sides send written submissions. The store must comply within 28 days | Only products costing $25 to $3,000 (excluding GST), bought in the 6 months before you complained, with you and the store in NSW. You have 30 days to ask for one |
| Tribunal (NCAT in NSW) | Hears both sides and can order the store to fix or replace the goods, or pay you | You present the case and the evidence yourself, and application fees apply. In an NCAT consumer claim no one can represent you without the tribunal's permission. NCAT: claims up to $100,000, within 3 years of the problem |
Legal Aid NSW can fund a tribunal case about goods you bought, if you pass a means test and a merit test, and usually only once you've been through the store's complaints process and an outside one.
Can someone take this on for you?
Yes, when you don't think you caused the fault. For phones and laptops, that's within 12 months of buying them.
Our team takes over your claim with the store. We ask for the assessment in writing, put your evidence to the store or territory manager who can overturn it, hold the store to a date and lodge with Fair Trading or Consumer Affairs for you if it still refuses.
No win, no fee. We'll tell you straight if we don't think we can win it.
Ajust has handled over 30 cases where a store refused a remedy over physical or liquid damage.
- In these cases, the typical amount at stake is about $1,300.
- Officeworks was the store in 11 of them.
- Where Ajust secured a confirmed result, it typically took about 13 days.
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 doesn't work
- Accepting "it's damage" without the report. Ask for the assessment and photos in writing, so you know exactly what you're disputing.
- Paying for the damage repair without a written dispute. If you need the device fixed now, say in writing first that you dispute the finding.
- Arguing only on the phone. Without a written dispute there's nothing to show a manager, an agency or a tribunal.
- Treating the warranty as the whole story. A brand's warranty can exclude liquid damage while your consumer guarantee rights still apply.
- Getting rid of the device. Section 262 of the ACL says you can't reject goods you have disposed of.
Common questions
The store says the liquid indicator is red. Does that settle it?
Not on its own. Apple says the indicator turns red when it contacts water, and also says to have the device inspected if you aren't sure liquid is causing the issue, even with a red indicator. Ask the store to explain in writing how the liquid caused the fault you reported.
Can the store charge me for the assessment?
The ACCC says that if a business finds no fault, it can charge you for collection and inspection, but only if it gave you a reasonable estimate before collecting the product. Ask for that estimate in writing before you hand the device over, and keep it.
Should I get an independent repairer's report?
It helps. A written report from a qualified repairer on what caused the fault is evidence you can show a manager, an agency or a tribunal. Ask for a report on the cause only, not a repair, and keep the invoice and the repairer's details.
Lots of people have the same fault. Does that help?
It can support your case. The ACCC says acceptable quality is judged against things like how the product compares with similar products and whether it was used in a way it wasn't designed for. Save reports of the same fault on your model and check productsafety.gov.au for a recall.
Fair Trading says it can't make the store fix it. What now?
In NSW, if the product cost $25 to $3,000 and you bought it in the last 6 months, ask NSW Fair Trading for a consumer guarantee direction within 30 days. Otherwise the next step is a tribunal claim, such as NCAT, which can order the store to fix or replace the goods.
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), sections 54, 259, 260 and 262
- ACCC: Repair, replace, refund, cancel
- ACCC: Consumer rights and guarantees
- Consumer Affairs Victoria: Consumer guarantees that apply automatically
- Apple: Water and other liquid damage to your iPhone or iPod isn't covered by warranty
- Officeworks: Return policy
- Queensland Government: Understand the complaint process
- NSW Fair Trading: Consumer guarantee directions
- NCAT: Consumer claims
- NCAT: Representation
- Legal Aid NSW: Consumer protection policy
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