Hi there, i have a dilema where by i bought a laptop that is 18 months old and i got the original store purchase receipt from the seller when i bought it, however i did not get a receipt of purchase from the seller himself.
So i had the laptop (a Dell) 2 weeks and it has failed to turn on, so i went to the store where it was purchased to see if i can make a claim under the ACP Law, and they told me 2 things about what the ACL is, and where it applies.
1. The ACL guarantee only applies to goods that are sold by a registered Australian business with an ABN, and it only applies to a scenario where the manufacturer or store (extended) warranty has expired, and only the original purchaser can make a claim for a repair or replacement as long as they provide the original, or a copy of the original receipt.
2. I was also told that if the original purchaser sells that item privately to another person with or without the original receipt, the ACP Law does not apply any more.
I have always believed that item 2 above was always the case, but assumed i might still be able to make a claim anyway.
The store advised me to take this up with Dell Australia, which i have now done, and they have agreed to send out a service person to have a look at it for me, and fix it, or replace it whichever the case might be.
Can someone please advise me of the real facts, as i just read the following article where by it states that the Consumer Guarantee does not apply to one off items sold privately, under the heading "Exceptions to Guarantees" which i think may be applicable to my own scenario here.
www.nsw.gov.au
So i had the laptop (a Dell) 2 weeks and it has failed to turn on, so i went to the store where it was purchased to see if i can make a claim under the ACP Law, and they told me 2 things about what the ACL is, and where it applies.
1. The ACL guarantee only applies to goods that are sold by a registered Australian business with an ABN, and it only applies to a scenario where the manufacturer or store (extended) warranty has expired, and only the original purchaser can make a claim for a repair or replacement as long as they provide the original, or a copy of the original receipt.
2. I was also told that if the original purchaser sells that item privately to another person with or without the original receipt, the ACP Law does not apply any more.
I have always believed that item 2 above was always the case, but assumed i might still be able to make a claim anyway.
The store advised me to take this up with Dell Australia, which i have now done, and they have agreed to send out a service person to have a look at it for me, and fix it, or replace it whichever the case might be.
Can someone please advise me of the real facts, as i just read the following article where by it states that the Consumer Guarantee does not apply to one off items sold privately, under the heading "Exceptions to Guarantees" which i think may be applicable to my own scenario here.
Consumer guarantees
Most goods or services you purchase come with automatic consumer guarantees ensuring you will get what you asked for and that it will be of acceptable quality.
www.nsw.gov.au
