Vacuum Cleaner Consumer Law Length

k-rokfm on 11/12/2019 - 12:35

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?

Electrical & Electronics

Comments

    • Almost Banned on 11/12/2019 - 15:36

      If you mean 'statutory warranty' - sure.

      • [Deactivated] on 11/12/2019 - 15:38

        I simply meant that I expect the item to last as long as the warranty.

        Manufacturer's warranty is essentially them putting their money where their mouth is. If some dingbat manufacturer is only willing to warranty their crap for a month, we should just stay away from the product.

        It makes us bigger dingdongs if we buy the item in hopes it works to the duration of our expectation.

        • Almost Banned on 11/12/2019 - 16:38

          Thankfully the law is more pragmatic, but I get where you are coming from.
          The common law - generally in tort - recognises the principles of volenti non fit injuria - voluntary assumption of risk of harm.
          It doesn't typically apply to claims under the ACL, but I agree that warranty length is a factor consumers should acquint themselves with and factor into their buying decisions.

  • QW3RTY on 11/12/2019 - 12:52

    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?

    • k-rokfm on 11/12/2019 - 13:06

      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

      • [Deactivated] on 11/12/2019 - 14:40
        +1

        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.

        • Almost Banned on 11/12/2019 - 15:37

          Nope.
          Consumer can claim against either.

          • coin saver on 11/12/2019 - 18:30
            +1

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

          • [Deactivated] on 11/12/2019 - 19:36

            @Almost Banned: 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.

            • Almost Banned on 11/12/2019 - 20:50

              @[Deactivated]: 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.

              • coin saver on 12/12/2019 - 07:10
                +2

                @Almost Banned: "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…

              • [Deactivated] on 12/12/2019 - 16:09

                @Almost Banned: 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.

    • HighAndDry on 11/12/2019 - 13:31

      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.

  • qwerty on 11/12/2019 - 13:04
    +2

    Depends if you cleaned out the filters or not

  • Bargain80 on 11/12/2019 - 13:08
    -1

    With $750 budget, should have bought Dyson.

  • Typical16-bitEnjoyer on 11/12/2019 - 13:10

    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.

    • [Deactivated] on 11/12/2019 - 13:19
      +2

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

    • AnneThrope on 11/12/2019 - 13:34
      +3

      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.

    • Maccadoodle on 12/12/2019 - 08:07
      +2

      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

  • grog on 11/12/2019 - 13:24
    +2

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

    Check the contents policy

  • spackbace on 11/12/2019 - 13:33
    +7

    Jees that must suck… or not

  • JimmyF on 11/12/2019 - 15:11

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

  • tsunamisurfer on 11/12/2019 - 17:43
    +4

    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?

  • backpaqer on 12/12/2019 - 07:36

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

  • HeWhoKnows on 12/12/2019 - 07:51
    -2

    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

  • Hirolol on 12/12/2019 - 08:13

    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 .

    • [Deactivated] on 12/12/2019 - 12:54

      Consumer guarantee

      ACL

  • OzHunterNSW on 12/12/2019 - 09:55
    -4

    HA HA HA… its a vacuum cleaner … a vacuum cleaner. Just toss it and get on with life.
    Buy a Dyson… what are you doing with "BAGs" in 2019?

    Toss it and get on with life.

  • Darron65 on 12/12/2019 - 18:13

    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.

  • 1bug on 14/12/2019 - 00:58

    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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