My appliance is melting, sparking or unsafe. What are my rights?
Your rights when an appliance or furniture smokes, melts, sparks or is unsafe: what to ask the store for, recalls and where to go if it says no.
AI-assisted research and reviewed for accuracy. Something out of date? Let us know.
An unsafe product is a major failure under the Australian Consumer Law, so you choose a refund or a replacement, not the store. The ACCC says a refund is the full price, with nothing taken off for the time you used it, and you may also claim for damage it caused. If the store refuses, your state consumer agency or a tribunal decides, and you can report the product to the ACCC.
Already tried and got nowhere?
That's where we start. Our team takes it from here.
Is an unsafe appliance a major failure?
Yes. Under the Australian Consumer Law (ACL), goods must be of "acceptable quality", and one part of that is being safe (section 54). Section 260 says a failure is automatically a major failure when the goods are not of acceptable quality because they are unsafe. In plain terms, a product that smokes, melts, sparks or could hurt someone gives you the stronger set of rights, and you don't have to accept a repair.
For a major problem, the ACCC says the business must give you the choice of a refund or a replacement of the same type. The refund should be the full amount you paid, and the business must not take anything off for the use you've had. You can also choose to keep the product and be compensated for the drop in its value.
You can also claim for other damage the product caused, if that damage was reasonably foreseeable (section 259(4)). That could cover a scorched benchtop or wall, or food lost from a fridge. Put it in the same written claim, with photos and receipts.
| Your situation | What you can ask for | Who to contact |
|---|---|---|
| Smoking, melting, sparking, exposed wiring or another safety risk | Your choice of a refund or a replacement | The store you bought it from |
| The product has been recalled | A repair, replacement or refund under the recall | The supplier named in the recall notice |
| It damaged something else in your home | Compensation for reasonably foreseeable loss | The store, in the same written claim |
| Someone was hurt | Medical help first, then the remedy and any loss | 000 in an emergency, then the store |
If the product is large, heavy or hard to remove, the store must collect it at its own cost. The ACCC gives widescreen TVs, beds and installed appliances like stoves and dishwashers as examples, and section 263 of the ACL says the collection must happen within a reasonable time.
The store that sold it is responsible, not the manufacturer. The ACCC says businesses must not tell consumers to go to the manufacturer for a remedy.
What should you do first?
Make it safe before anything else. Then, if you've only reported it at the counter or on the phone, put your claim in writing. A written claim is what a manager, an agency or a tribunal will ask to see.
Step 1: Make it safe and keep the evidence
Stop using the product and keep children away from it. If it's safe to do so, switch it off before pulling out the plug, as the NSW Government advises. Don't open it or try to fix it: the NSW Government's advice is to get a licensed electrician. If anyone is hurt and needs urgent help, call 000.
Then take photos and a short video, find the receipt and search the brand and model on the Product Safety Australia recalls list. If it has been recalled, contact the supplier named in the recall for a repair, replacement or refund.
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:
- 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.
- Bought from Samsung directly: 24/7 live chat at samsung.com/au/support/contact or 1300 362 603. To escalate inside Samsung, use the CEO Office complaint form on Samsung Australia's support page.
- Any other store: whichever channel gives you a written record and a reference number, usually the web form.
Subject: Unsafe [product]: refund or replacement
Hello,
On [date] I bought a [brand and model] from your [store or website] for $[price]. On [date] it [started smoking / melted / sparked]. It was being used normally, and I have stopped using it. Photos, a video and my receipt are attached.
Because the product is unsafe, I am asking for a [full refund / replacement]. [It also damaged my [benchtop / wall], and a quote for $[amount] is attached.] [As it is large, please arrange to collect it.]
Please confirm in writing within 7 days how you will resolve this.
Regards,
[Your name]
Step 3: Hold the store to a date
If the store wants to inspect it first, that's allowed. Ask in writing when the inspection will happen and when you'll have its answer. If it offers a repair, you can say no, because an unsafe product gives you the choice. Keep every reply.
Already done all this and still being offered a repair, or no answer at all? Here's what happens next.
What if the store still says no?
Take it above the store, then outside it. Each route can help, but each has limits worth knowing before you start.
| Where | What it does | Where it stops |
|---|---|---|
| Store manager, then area manager or complaints team | Can approve the refund or replacement the counter refused | It's still the store deciding about its own product |
| Product Safety Australia (run by the ACCC) | Takes reports of unsafe products, including a supplier that won't repair, replace or refund a recalled one | A report doesn't settle your claim. The ACCC says it doesn't resolve individual disputes about a repair, replacement or refund |
| State consumer agency (NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading) | Contacts the store to try to reach an agreement | It can't force a fix. Queensland's Office of Fair Trading says it cannot force a business to compensate you or rectify a problem. The NSW direction below is the exception |
| NSW Fair Trading consumer guarantee direction | Can direct the store to repair, replace or refund. The store must comply within 28 days | Only products costing $25 to $3,000 (excluding GST), bought in the 6 months before you complained, and you must be in NSW |
| Tribunal (NCAT, VCAT, QCAT) | Hears the claim and makes an order the store must follow | You prepare and present the case yourself, and application fees apply. In an NCAT consumer claim, no one (lawyer or otherwise) can represent you without the tribunal's permission. NCAT: 3 years to apply, claims up to $100,000. QCAT: up to $25,000 |
In NSW, the law requires any electrical accident that needed medical treatment to be reported, to your electricity provider or to NSW Fair Trading on 13 32 20.
Legal Aid NSW can fund a tribunal case about goods you bought, but only if you pass a means test and a merit test, and usually only once you've already been through the store's complaints process and an outside one.
Can someone take this on for you?
Yes. This is the kind of case Ajust takes on.
Our team takes over your claim with the store and puts the safety problem to the managers and customer care team who can approve a refund or replacement. We claim any damage it caused in the same request, 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 20 cases about appliances and furniture that were unsafe.
- In these cases, the typical amount at stake is about $1,320.
- When Ajust secured a confirmed result in one of these cases, it typically took about 4 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 doesn't work
- Using it "just until the replacement comes". Stop using an appliance that has smoked, melted or sparked.
- Accepting a repair you don't want. An unsafe product is a major failure, so the choice of refund or replacement is yours.
- Throwing it out. Section 262 says you can't reject goods you have disposed of, and the store may want to inspect it. Keep it somewhere safe until the claim is settled.
- Opening it up or fixing it yourself. The NSW Government says to get a licensed electrician, and DIY work gives the store a reason to blame you.
- Being sent to the manufacturer. The store that sold it owes the remedy.
Common questions
How do I check if my appliance has been recalled?
Search the brand and model on the Product Safety Australia recalls list, which the ACCC runs. Suppliers also advertise recalls on their websites, in store and in the media. If yours is recalled, the ACCC says to stop using it and contact the supplier for a repair, replacement or refund without delay.
It burnt my benchtop. Can I claim for that too?
Yes, if the damage was a reasonably foreseeable result of the fault. Section 259(4) of the Australian Consumer Law lets you claim that loss from the store as well as the remedy for the product. Photograph the damage, get a repair quote and include both in your written claim.
Should I report it if nobody was hurt?
Yes. Product Safety Australia asks people to report a product that is unsafe, not only one that has injured someone, and its form lets you report anonymously. It also lists a supplier not giving a remedy for a recalled product as a reason to report. A report doesn't replace your claim with the store.
It's out of warranty. Am I still covered?
Usually, yes. The NSW Government says the guarantee of acceptable quality will usually continue to apply after the manufacturer's warranty ends, and safety is part of acceptable quality. How long it lasts depends on things like the product's price and type.
The store wants to inspect it before agreeing to anything. Is that allowed?
Yes. The ACCC says a business has the right to assess a product before providing a remedy. For something large or installed, the store must arrange collection at its cost. If it finds no fault, it can charge for collection and inspection, but only if it gave you an estimate first.
The store says to take it up with the manufacturer. Is that right?
No. The ACCC says businesses must not tell consumers to take the problem to the manufacturer or importer. The store that sold you the product owes the remedy, even if it later recovers the cost from the manufacturer. Say so in your written claim and ask for the store's answer by a date.
- ACCC: Repair, replace, refund, cancel
- Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), sections 54, 259, 260, 262 and 263
- Product Safety Australia: What to do when a product is recalled
- Product Safety Australia: Report an unsafe product
- NSW Government: Common electrical hazards
- NSW Government: Warranties
- NSW Fair Trading: Consumer guarantee directions
- Queensland Government: Understand the complaint process
- NCAT: Consumer claims
- NCAT: Representation
- QCAT: Consumer and trader disputes
- Legal Aid NSW: Consumer protection policy
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