An online computer retailer I use recently sent me this.... there does seem to be a watch dog someone.... Another win for the little guy !... ME 
Subject: IMPORTANT INFORMATION ABOUT YOUR WARRANTY RIGHTS AND OUR OFFER TO ASSESS YOUR WARRANTY CLAIM
The Australian Competition and Consumer Commission (ACCC) has raised concerns with us that previous warranty representations made by us on our website at ---------- (Website) are likely to have contravened the Trade Practices Act 1974 (TPA).The ACCC was concerned that ---------- had previously told its customers that:• They could not make warranty claims such as a refund or repair of the item.This is incorrect. The TPA provides that a number of warranties and conditions are implied into every contract between a consumer and retailer. These warranties cannot be limited by a retailer. Any term of a contract that seeks to exclude or modify these statutory rights is invalid.
• They could only make warranty claims against the manufacturer and not it.This is incorrect. Consumers are entitled to insist that the retailer provide them with a remedy, even if a problem is due to a manufacturers fault.
• They would always have to pay the shipping costs to return faulty goods to Mwave.This is not true. Each sale is a contract between the consumer and the retailer. There may be cases where a consumer can recover shipping costs from the retailer if the retailer breaches the contract.We have removed these representations from our website and have agreed to assess warranty claims from customers who purchased goods from us after 1 July 2007. For further information please see below - 'Your right to have your warranty claim assessed'.The TPA implies statutory conditions into consumer contracts for goods and services. For example, goods must be of merchantable quality, be fit for their intended purpose and must match the description given to the consumer or the sample shown. Services must be carried out with due care and skill and materials supplied in connection with the service must be fit for the purpose for which they are supplied. For more information about your rights as a consumer, please visit the ACCC website at
www.accc.gov.au.
Your right to have your warranty claim assessed
We have identified you as a customer who made a purchase through our Website after 1 July 2007.If you had problems with the good you purchased for which you wished to make a warranty claim but believe that you were:
(a) misled about your warranty rights and as such you did not make a warranty claim; or
(b) denied a warranty claim by us,
we have undertaken to the ACCC that we will now assess/reassess your warranty claim.
To have your claim assessed or reassessed, please contact us providing the details of your claim either by email at ---------- or by writing to us at:
We sincerely apologize for any inconvenience our conduct may have caused.
We have taken steps to implement a Trade Practices Compliance program to minimize the risk of future non-compliance with the TPA.Kind Regards,
