ACL with Regards to Harvey Norman Rugs = 1 Year or 2 Years Warranty?

jabroni on 03/07/2021 - 14:01
Last edited 03/07/2021 - 14:28 by 1 other user

Hi All

Just wondering what the law says about ACL with regards to Harvey Norman home products like rugs?

Shop guy says its 1 year warranty and claims ACL 2 years doesn't apply. I thought after Apple tried to escape it, all products sold come with 2 year warranty regardless of manufacturer claims? I have a rug with 1 corner where the top is coming off the mat below and its been used for around 14 months with only 3 people in the house.

I'm submitting a complaint to the ACCC if they don't swap it out.

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Comments

  • MrHyde on 03/07/2021 - 14:08
    +4

    No such thing as fixed period of warranty.

    Depends on how much you paid and what a reasonable person will assume the lifetime of the product would be.

    • jabroni on 03/07/2021 - 14:18

      think it was less than $400 [bambi 1.6 x 2.3m] but cant find it on their website anymore

      I was hoping it lasts at least 2 years?

      • holdenmg on 03/07/2021 - 14:55
        +1

        HN have no i-deer
        (sorry Bambi).

        • bloom on 03/07/2021 - 16:16
          +1

          HN swept their responsibility under his rug

  • Rashed on 03/07/2021 - 14:08

    Depends on the product and price… and would be reasonable for that particular product in that price point…

    • jabroni on 03/07/2021 - 14:18

      think it was less than $400 [bambi 1.6 x 2.3m] but cant find it on their website anymore

      I was hoping it lasts at least 2 years?

      • dizzle on 03/07/2021 - 14:24

        You also need a proof of purchase (whether that's a receipt, bank statement, store records etc). Hence you need to know the price you paid.

        • jabroni on 03/07/2021 - 14:28

          yeah wife has it - i cant remember exactly but for now just finding out more

  • mskeggs on 03/07/2021 - 14:21
    +6

    There is no minimum 2 years warranty.
    The 2 year figure was used to argue that iPhones must reasonably be expected to last two years as they are sold on two year plans.

  • mskeggs on 03/07/2021 - 14:22
    +4

    Why not just glue the corner down yourself?

    • jabroni on 03/07/2021 - 14:29

      because i was under the impression everything had a 2 year warranty in australia

      • ozhunter on 03/07/2021 - 15:20
        +21

        You're wrong.

      • mskeggs on 03/07/2021 - 16:14
        +6

        Even if it was unquestionably covered by warranty, the hassle of returning a rug, being without it for a period while it it sent to the manufacturer for repair, then returned, then another trip to collect it would surely be more trouble than a bit of glue?

  • Hithere on 03/07/2021 - 14:41

    Manufacturers warranties in Australia range from 1 year to 7 years, depending on what the item is.

    ACL rulings depend on what the item is, original cost, and how long the item is expected to last for with normal use.

    It exceeds manufacturers warranty no matter what the drones in Hardly Normal say.

    • robbyjones on 03/07/2021 - 15:17

      Where do you get your warranty information from, I don't think you are correct? My bed has 15 years warranty, for example. Also, some products have 3 months warranty, it all depends on what the manufacturer wants to give. There is no set warranty period just that it must be fit for purpose and depending on price must give reasonable wear and use. So if you send $200 on a TV you shouldn't expect it to last as long as a $2000 TV of the same size.

      • Brian McGee on 03/07/2021 - 16:02

        Correct, if a $200 tv lasts 12 months then that is reasonable when compared to a $2000 tv which a reasonable person would expect in the region of 7-10 years.

  • ozhunter on 03/07/2021 - 15:20
    +3

    I have a rug with 1 corner where the top is coming off the mat below

    Just sell the house…

  • Hybroid on 03/07/2021 - 15:22
    +2

    14 months use of a rug and you don't think it's wear and tear? Not surprised they're rejecting it as a manufacturing warranty issue.

    • jabroni on 03/07/2021 - 15:29
      +2

      you buy a new $300-400 rug every year?

      • Hybroid on 03/07/2021 - 15:32

        I don't wear a pair of jeans for a year and then complain there's a few scuffs on it and expect the manufacturer to replace it for me.

        • jabroni on 03/07/2021 - 15:35
          +2

          more appropriate analogy is if the seam came off on one side of your jeans if you want to be accurate

          scuffs on the jean would be if the rug material was worn or a few fibres came off

          • Hybroid on 03/07/2021 - 15:36

            @jabroni: I wouldn't pin that down the manufacturer after a year of wearing it perfectly fine either.

      • GourmetFoodie on 03/07/2021 - 16:55
        +6

        That’s a very cheap rug mate. A quality rug is a few grand minimum.

  • jakka on 03/07/2021 - 16:42
    +2

    I don’t think you would be eligible to swap it out after 14 months of use. You may be entitled to repair but even that may be a stretch as it may be hard to prove that it is a manufacturing defect, and not caused by use. Easiest just to glue / stitch it yourself and move on. Save yourself a lot of time and hassle.

    • dizzle on 03/07/2021 - 16:44
      +3

      Agreed, i don't think it falls under major fault, so a minor repair would be good enough (and yes, doing it yourself may be easier too)

  • Alexander420 on 03/07/2021 - 17:02
    +3

    By your logic OP

    My undies from Kmart should have 2 years warranty? lol

    • lunchbox99 on 03/07/2021 - 21:42
      +3

      Hey Kmart, my undies developed these brown streaks in the gusset after 1.9 years of use. Please refund.

      • Alexander420 on 03/07/2021 - 22:25

        Sorry you need to go through ACCC and our lawyer will meet you in court in order to fight for your smelly brown streaks undies 🤣

  • Drakesy on 03/07/2021 - 17:44
    +2

    These are a bit like shoes, they can wear depending on how often they're used.
    IMHO get some glue, would be easier than going through the warranty process only for them to do the exact same thing.

  • MagicMushroom on 03/07/2021 - 19:36

    I'm submitting a complaint to the ACCC if they don't swap it out.

    They will do nothing.

    The expected life of rugs is 7 years if you go by TR 2020/3 - Income tax: effective life of depreciating
    assets    . You might win if you go to small claims tribunals.

    • lunchbox99 on 03/07/2021 - 21:45
      +3

      That is not how warranty durations are determined. What your quoting is just a rule of thumb for tax depreciation, not a universal decree of rug lifetimes. A $300 rug is not the same as a $3000 rug.

  • El Grande on 04/07/2021 - 05:23
    +1

    Rugs are treated like your shirt or pants. Even if you rip it in 6 months doesn't mean you can make a warranty claim. Also, the warranty is for defects in the product and not the lifespan of the product. You have to prove poor craftsmanship and not user damage or wear and tear. Best of luck.

  • [Deactivated] on 04/07/2021 - 08:03
    -2

    14 months for a $400 rug sucks, I would be pissed off too.

    Even with normal wear and tear I would expect it to last a lot longer than that.

    • Ughhh on 04/07/2021 - 10:01

      It's a very minor wear and tear that can be fixed with glue…. Its not like its disintegrated

      • [Deactivated] on 05/07/2021 - 15:10

        How can you judge that it is minor when you haven't even seen it?

        • Ughhh on 05/07/2021 - 17:39
          -1

          From reading ops post…. Its not that poorly written is it?

          • [Deactivated] on 05/07/2021 - 18:42

            @Ughhh: They don't really describe it in a lot of detail other than a corner is coming off the mat.

            So, not really that detailed. Could be minor, could be major. You don't know.

            • Ughhh on 05/07/2021 - 19:19
              -1

              @[Deactivated]: It's not a car or some kind of complex machine… lol

              • [Deactivated] on 05/07/2021 - 19:33

                @Ughhh: Still, you're making a judgement without knowing really any facts at all. lol

  • bamzero on 04/07/2021 - 12:46

    There is no minimum 2 years in the ACL btw. It is the ambiguous "reasonable amount of time". How much that is for a rug I don't know. The cost of the rug will make a difference.

    I read the way to look at it is, would you have paid that amount of money if you knew it would only last as long as it did. (However, as an Ozbargainer I may expect things to cost less and last longer than others :)

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