Consumer a specific purpose or to reach a
Consumer rights in Australia:
Consumer Law offers guarantees which directly protect Australian consumers and
give them the rights when they buy any products or services in Australia. the Consumer
guarantees automatically apply if you bought, hired or leased goods or services
after 1 January 2011 for less than $40000 or some other personal or daily use
item worth more than $40000.
rights include to a repair, replacement or refund. It also offers a compensation for
damages and loss and can cancel any faulty service. All businesses are entitled
to provide these guarantees to their consumers upon selling any products.
If a products
or service you buy and it does not meet a consumer guarantee, you have the
rights to ask the seller for a refund or replacement.
Selling Goods and Services:
Being a seller
or a service provider in Australia you must carry out some certain laws and
regulations which mean you should offer all the legal rights to consumers.
Services must be practically fit
for a specific purpose or to reach a result that has been agreed between the
supplier and the consumer.
It is against the law for any business if they
don’t provide rights of damages loss or refund to consumers.
In the given
case scenario, the sole trader who sold the emergency kit tool is liable for James
damage and injury because he didn’t follow the Australian consumer law which
protects the consumers for any loss or damages. You cannot sell any service or
products which does not offer legal guarantee of the products. This is mainly
the case where the defect means the supplier or manufacturer failed to comply
with a consumer guarantee. Manufacturers are also liable to compensate
consumers for loss or damage resulting from safety defects in their products
that cause death or injury, or damage to personal property
As we know
according to the law if any one imports goods and services from overseas to
Australia, they must hold some standards according to Australian consumer law
which mean that they must provide all the basic rights to their consumers
including loss, damages or any refund policy.
Failure to meet the guarantees:
If a consumer undergoes
loss or damage due to a defect with products or services, they have the legal
rights to make a claim to recover damages or compensation. The loss or damages
must be genuine and possible. You cannot claim for some loss or damage if it is
caused by some natural disasters like rain heavy flood or fire. those damages
can be claimed if hold a property or house item insurances.
can directly ask for the liability from the seller for the damages. If the business refuses to pay or to
reach an agreement to resolve a dispute, the consumer can take their claim to
formal dispute resolution services or take legal action.
You can approach
the importer or seller directly for any sort of refund or compensations. By law
he cannot refuse to help you in this matter and will be liable to provide all
the legal rights.