Warranties against defects: Prepare for a new Federal Regulations in 2012

As an article just posted to Mondaq by DLA Phillips Fox explains:

“Manufacturers, retailers and service providers will need to act soon to review and revise documents containing warranties against defects so that they will be ready to comply with a new regulation taking effect on 1 January 2012.”

From 1 January 2012, compliance with r 90 of the Competition and Consumer Regulations 2010 (Cth) will be required and giving a consumer a document containing a warranty against defects in connection with the supply of goods or services will be prohibited if the  warranty does not comply with  the regulation.

The Mondaq article covers issues such as:

• What is a 'warranty against defects' for the purposes of r 90

• The definition of a 'consumer' or who the regulation applies to

• The requirement of r 90

• The things to do and steps to take prior to the regulation coming into force, for example “Manufacturers will need to review and, as necessary, revise, their printed warranty cards and any other documents, such as manuals and terms and conditions, in which warranties against defects are set out.”

Note: the commencement of r 90 was deferred until 1 January 2012 to allow enough time for businesses to prepare by reviewing, revising and reprinting warranty documentation because of this businesses of this businesses are advised to take early action.

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