Vacuum Cleaner Consumer Law Length

Hey everyone

Just thought I’d ask a quick one about consumer law regarding vacuum cleaners.

My parents bought a vacuum cleaner from godfreys (Hoover I think) 2.5 years ago for $750 (+$100 for bagless barrel) and it has just died. Big ball of smoke apparently. Personally I think spending that much you would expect it to last longer, but I know with other electronics (eg phone) it’s generally around 2 years that it would expire.

What are other people’s opinions on how long a vacuum cleaner for $750 should last?

Comments

  •  

    I think 3 to 4 years is probably reasonable for an electrical good of that price, which is used fairly frequently.

    Have you been able to reach out to the retailer or manufacturer, trying your luck with them?

    •  

      I don’t think they’ve had any luck from the retailer but I’m trying to get them to chase up the manufacturer to see what they say

      • +1 vote

        The manufacturer can basically set the warranty they want. The retailer has ACL obligations which they can try and side step, but legally they're on the hook.

        •  

          Nope.
          Consumer can claim against either.

          • +1 vote

            @blaircam: However they have more rights seeking recourse from the retailer.

          •  

            @blaircam: You can absolutely choose, but the retailer is the one with the ACL obligations. If the manufacturer says 1 year, they can say 1 year. The main reason the 'consumer can choose' is to stop retailers from fobbing you off onto the manufacturer as the retailers have the ultimate responsibility to warranty, even if that's in addition to any expressed warranty.

            •  

              @jkart: Yeah, I don't see where you are going with this - but to the extent I might understand what you are saying, you are completely wrong.
              s. 271 of the ACL gives a consumer the right to pursue a statutory warranty claim against a manufacturer. This is a separate right to a claim against a supplier pursuant to s. 259. So if there is a breach of a statutory warranty you can sue either the supplier, or the manufacturer. The only limit is that you cannot double-recover.
              s. 274 provides that ultimately it is the manufacturer who bears the ultimate burden as there is an obligation under the ACL for the manufacturer to indemnify the supplier for damages claims under the ACL.
              So both the supplier and the manufacturer have ACL obligations - and the manufacturer can absolutely say 1 year - but they are still liable for a breach of the s. 54 acceptable quality statutory guarantee regardless of what they say or any time limit they try to impose.

              • +2 votes

                @blaircam: "You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss" "The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss." https://www.accc.gov.au/consumers/consumer-rights-guarantees...

              •  

                @blaircam: coin saver got it in one. Your rights against the manufacturer are much more limited. The retailer has to repair, replace or refund, while the manufacturer can just decide to give you the cash value of the now 2 year old, second hand product.

    •  

      Nah. A decently used vacuum would probably have an ACL statutory guarantee of ~2yrs. It could last longer than that, but not to the extent it would be guaranteed to.

  • +2 votes

    Depends if you cleaned out the filters or not

  • -1 vote

    With $750 budget, should have bought Dyson.

  •  

    This has been repeated ad nauseam on other posts.

    Life of a product is highly subjective until the ACCC updates the current policies.

    Take it into Godfreys. Mention ACL. Negotiate. Threaten. etc etc.

    • +2 votes

      It's like we have a haggling policy on warranties.

    • +3 votes

      As several have said, this is a 'piece of string' question.

      However…
      The ATO depreciation period for vacuum cleaners is 10 years.
      https://www.ato.gov.au/Forms/Rental-properties-2019/?page=12

      'Choice' (for what it's worth) say between 3 and 10.

      Anecdotally, I think it's reasonable for such an appliance to last at least a decade. I've never had one fail in a shorter period and they've all been cheapies; current $50 Kogan is over 10 years old.

    • +2 votes

      Yes and these policies need urgent updating. Consumer law is a real rag tag in Oz. Esp for elderly poor old folk who get the run around. As a country we should forget manufacturers warranty and just have an independent body telling manufacturers how long their products should last. It may mean paying a few $ more when purchasing but at least a vacuum will be replaced if legit after a paltry 2.5 years

  • +2 votes

    House contents insurance may cover that if the motor is burnt out.

    Check the contents policy

  • +7 votes

    Jees that must suck… or not

  •  

    Talk to godfreys or ring up Hoover and complain, see what they say.

  • +4 votes

    I would expect a $750 vacuum cleaner to last more than 2.5 years.

    But have you followed the user instructions like not overloading the barrel? Cleaning the filter (as mentioned before)? And using it for non-commercial purposes?

  •  

    Some credit cards offer an additional year warranty beyond the product warranty. So if cleaner was 2year… You'd have 3 years.

  • -2 votes

    Standard 12 month waranty
    Anything longer is a bonus
    With vacuum cleaners they normally fail due to neglect
    i.e. Not maintaining them properly such as not cleaning all the filters regularly
    Much the same as a car……
    If you don't maintain them they will fail prematurely

  •  

    Should last way longer.
    Claim statutory warranty, probably need to speak to upper management, keep going higher until someone knows what it is or can read up on it and understand it.
    otherwise you need to speak to ACCC .

  •  

    I bought a <$100 vacuum from Aldi over 6 years ago. I have to order the bags by phone as they're not stocked in any store, but the machine has held up very well.

    Would buy another.

  •  

    According to CHOICE, life expectancy (subject to reasonable use and maintenance) for Vacuum Cleaners is estimated as follows:

    Budget / entry level: 4 years
    Mid-range: 6 years
    High-end: 10 years

    How long should your household appliances last?
    https://www.choice.com.au/shopping/consumer-rights-and-advic...

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