A warranty is a promise that the goods sold or the services provided are of a certain quality and will do the job they are supposed to do. Whenever you buy goods or services you are protected by implied warranties. You may also be protected by voluntary warranties.
Voluntary or express warranties are offered by sellers and manufacturers and are usually written. Some are given unconditionally while others may be subject to time limits or conditions such as 'regular servicing'. Sellers must stand by their warranties and must not refer you to deal directly with the manufacturer.
Implied warranties are provided by the law. They operate in addition to voluntary warranties and give you the right to:
- clear title to the goods;
- goods that match the description provided;
- goods that are of merchantable quality, that is, they must meet a basic level of quality and
- performance expected for their price and description;
- goods that are fit for the purpose that you made known to the supplier;
- services that are carried out with due skill and care.
In the pink - a case study
Three months before her year 12 formal, Emily ordered her formal dress in ruby red fabric from the dressmaker, based on a sample that she was shown in the store. She paid $150 for the dress, leaving a balance of $300 to be paid when it was completed.
After six weeks, the dress had still not been made or even started and Emily was continually fobbed off when she rang. Finally two weeks before the formal, her dress was ready in bright pink – the wrong colour.
Emily obtained a refund of her money because the dress did not match the sample that she had been shown.