Australian Consumer Law Regarding Mobile Phones

Hey guys,
I've just had my Moto G4 Plus speaker stop working suddenly and therefore I cannot use it to make calls without headphones plugged in.
I purchased this phone from Officeworks in Feb 2017, so I've had it for 1 year and 10 months and i'm wondering if i'm covered under ACL for a refund/return/replacement considering that it is no longer fit for purpose and did not really last for a reasonable amount of time.
Thanks in advance.

Comments

  • Many smartphones include a 12 months manufacturer's warranty. There is also a reasonable statutory guarantee.

  • $100 phone? Unless they specify warranty to be longer than 1 year, I think it should be only 1 year.

    • $300, If it was a $100 phone i'd just bin it.

  • Probably not though have you tried reaching out to Motorola to see if they’ll repair it for you without charge? Have you tried resetting the device to see if it was a software issue?

  • Well you can chase a repair, but I hope you're not thinking of a refund/replacement after nearly 2yrs…

  • +3

    Contact there online live chat. They were very helpful for me. They solved my problem.

    That would be the first thing to do before even thinking about ACL. I wouldn't even bother with officeworks. Its been nearly 2 years. Forget about getting a refund or replacement. They will tell you to keep dreaming. Go for a repair.

    If you end up calling. Don't forget, be nice. It goes a long way.

    • I'll give them a call tomorrow and see if I can get a repair, Thanks for the input.

  • +1

    Yeah officeworks are really good i think

  • +1

    Reasonable time for phones to work is 2 years under the ACL. Reasonable time is supplemented by case law. Go get your phone fixed. I know for TVs it is a Panasonic/LG case that says a TV should 'reasonably' work for around 2 years depending on screen size etc. When TV manufacturers emphasise their one year warranty, they hope people do not consult the ACL after that period.

  • Got a G4 Plus in the same boat as the OP. Moto are sticking to the 12 month warranty, I'm pushing that any mobile should last at least 2 years, so want a repair.

    It was a $300+ phone, so not 'throw away'.

    Moto are saying no, I'm saying consumer rights and if they say no again, then off to the ACCC for a complaint.

    • -2

      ACL rights aren't against Moto unless you bought it from them - ACL rights are as against the seller who sold you the goods.

    • +1

      then off to the ACCC for a complaint.

      A complaint to the ACCC regarding a widget that is out of warranty is as useful as complaining about auspost to the PIO.

      Try Consumer Affairs Victoria.

      • Try Consumer Affairs Victoria.

        The next step….. Start with a complaint and then step up.

    • Generally speaking, Motorola phones are covered by a 2 year + ACL warranty.

      I thought they all had 2 yrs as well, but Motorola came back with this yesterday

      Just to set your expectations we only have 1-year standard warranty an as per checking the IMEI number of the phone it's already out of warranty

      Regardless, my device is less than 2 yrs old, so pushing ACL warranty.

      But the problem is that this page you linked to, also links to a 1 yr warranty as well

      https://motorola-global-portal.custhelp.com/euf/assets/downl…

      Regardless, mobiles of this price point ($300+) should last 2 yrs MIN.

      • When I went to buy my parents new ipads last month, Officeworks said they give the first year as retailer warranty and the second year as manufacturers warranty. I would still take it into store to check with them. Ask for the manager for clarification as team members sometimes get confused on this matter.

        • +1

          Pretty sure Jimmy is saying that Motorola is telling them there's only a 1 year warranty.

          • @HighAndDry: Yes, Motorola provides a 1 year manufacturers warranty which has nothing to do with Officeworks. Officeworks, either out of their own pocket or has an arrangement with Motorola, provides an additional year on top of the 1 year manufacturers warranty, making it 2 years total. If the phone breaks in the first 12 months, OP should go back to Officeworks. If 12 months has past, OP should go to Motorola. or vice versa depending on how Officeworks structures their warranty.

            I would always go back to Officeworks first to clarify whether it is their obligation to get the phone repaired or Motorola's.

            • @fossilfuel:

              Motorola provides a 1 year manufacturers warranty

              That would run concurrently with any other warranty. Just because OW gives you a separate warranty doesn't mean Motorola's warranty waits for OW's warranty to run out before starting to run.

  • +1

    When Samsung as taken to court by the ACCC for the washing machine debacle, they were quizzed by the ACCC regarding "life spans of devices" they stated that the "life span" of a premium smartphone is 2 years and the ACCC agreed, the same case they determined a "premium device" to have a RRP of over $800 anything less is 12 months

    Washing Machine: 5 Years
    Fridge: 7 Years
    Phone (premium) 2 years
    TV: 5 Years

    • +1

      Although this isn’t relevant to OP, Panasonic admitted to ACCC they expect their televisions to last 8 years.

  • -2

    Forget going through OW, I'd go straight to Manufacturer. You should definitely be able to get this covered under ACL. I've had plenty of success pushing ACL coverage with Apple devices older than a year (I work in corporate I.T.)

    • ACL doesn't bind the manufacturer (in 99% of cases), it only binds the retailer.

    • Under ACL the retailer is responsible for handling problems with products.
      Do not let them fob you off to the manufacturer or distributor.

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