I purchased a Sonos Amp from JB HiFi in January this year and am now selling it. Sonos only provide a 1 year warranty but do JB HiFi have to provide two years from the date of purchase under The Australian Consumer Law? It's not clear from their website below. My interpretation of the Minimum Voluntary Warranty Policy Guide section is that they do provide 2 years for goods that cost over $500?
https://support.jbhifi.com.au/hc/en-au/articles/360053005194
The ACL isn’t prescriptive, it is “reasonable”.
You need to argue what is reasonable, and potentially go to xCAT/court to enforce your case.
In some cases (e.g. Apple phones sold on 24 month contract) the ACCC has made public statements about what is reasonable. I don’t think they have for Sonos amps.
OP could have done worse and bought it at Gerry's not so normal. Plenty of forum users here expressing their frustration.
I purchased a Sonos Amp from JB HiFi in January this year and am now selling it.
ACL doesn't apply to second-hand sales unless it's included in the ACL.
Are you saying that any warranties covered under the ACL are non-transferable? That's weird given that all other warranties are transferable.
Consumer guarantees do not cover private sale if out of warranty period from retailer. I believe it is mainly to protect the retailers as there is no guarantee what condition the product is in for a private sale so they are deemed not liable.
Please provide the source for this claim.
54 Guarantee as to acceptable quality
(1) If:
(a) a person supplies, in trade or commerce, goods to a consumer; and
Trade or Commerce is not private sales.
@happydude: That doesn't actually answer the question.
Yes, the private seller does not offer a warranty - but the original supplier must. The issue is, does that warranty transfer to the new purchaser following a private sale?
@Almost Banned: If the goods are now owned by someone who didn't by the goods via trade or commerce (i.e from a business) the ACL Consumer Guarantees don't apply.
The (a) line is quite clear. The rights aren't attached to the goods themselves, it's about how the person acquired the goods. No Trade or Commerce = No ACL.
but the original supplier must.
Nope. Once on sold privately the ACL Consumer Guarantees are extinguished. However, the express warranty may remain.
Even when you do buy goods from a retailer in trade or commerce, you actually don't have much you can do with the manufacture under law.
s 271 spells out that what the manufacture is lawfully required to do which is provide an amount of money for the loss of value if there is a breach of the Consumer Guarantees. There is no requirement for a manufacture to repair, refund or replace the goods - this rest with the retailer.
The issue is, does that warranty transfer to the new purchaser following a private sale?
The express warranty applies depending on the terms of the express warranty. However, the ACL Consumer Guarantees don't apply.
@happydude: Without reaching a concluded view I have to say I am inclined to agree, but for slightly different reasons.
Taking your example of s. 54, for a consumer guarantee to arise you need goods, to be supplied, to a consumer, in trade or commerce, and not by auction. If those things are present, the guarantee as to acceptable quality arises.
I think that would be the case for any item originally supplied in trade or commerce, and would likely continue to apply to that good if subsequently transferred.
However, enforcement of the guarantee is a different issue.For this the answer is found in. s. 259.
That states that a consumer is entitled to take action for breach of the consumer guarantees if the supplier supplied goods - not to a consumer - but to the consumer, and a guarantee is not complied with.
So - my inclination is that the guarantee probably arises and is linked with the good, but the owner of the good cannot enforce the guarantee unless they were the consumer who was supplied the good.
@Almost Banned: It would be a very odd conclusion for a guarantee to exist but cannot be enforced.
But tomayto, tomahto. Same result.
I contacted Sonos support direct when the WiFi card in my Play 5 Gen 2 died. It was about 4 years old. They replaced it. Didn’t ask for proof of purchase or anything. I had actually bought it off a friend who no longer needed it in his new house too. Was surprised how easy it was.
Orange means they treat it on a case by case basis. They may determine that it's a manufacturer fault and fix/replace it. They may determine that it's normal wear and tear, and repairs will be at your cost. So no guarantee and you can't sell it with 12 months warranty.
If you're reselling then ACL does not apply to the new owner
As per ACCC Consumer guarantees
Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:
However, if they are provided the original receipt resellers may not notice, or they may treat it as a gift that was given to the new owner (which would be the best option for the new owner)..
Ah, thanks for the clarification. So if I give them the physical JB HiFi receipt then it will be fine.
Firstly….No
If you read anything I wrote, even if it was you with the receipt, there is nothing on that website the guarantees you two years cover. ACL may cover you, but it may still be deemed wear and tear.
So essentially the receipt will only give them a "it may be covered"
If your real question is "can I advertise it as still being under warranty?", the answer is no.
ACL coverage is not a warranty nor has any relation to manufacturer's warranty whatsoever.
It's a guarentee that an item is fit for purpose for an undefined "reasonable" duration of time.
There's a difference between the two concepts that nearly no one understands here for some reason.
Generally the ACL thinks what a product should last on average.
For an amp if it is not abused or has an ingress of any kind it could be longer. Keep everything in writing.
Unsure if the original owner changes as this could interfere with unknown abuse. Any true experts here?