Some computer suppliers are not fully aware of their responsibilities as sellers of consumer goods. Similarly, purchasers are not always aware of their rights and obligations as consumers of these goods. Computers and peripherals are subject to consumer laws in the same ways as other goods are.
Responses to complaints about defective computer hardware such as "I cannot take it back because the supplier will not take returns" or "I cannot take it back as it is a special purchase" have no basis in law. Because of their own ignorance, PCUG members have sometimes accepted such bogus assertions. The Guide has been created to address these issues. The Guide should also be useful for suppliers as it provides a 'plain English' explanation of some of the relevant laws.
The Guide is intended to assist PCUG members by helping them to understand what their rights and obligations are and how to conduct purchases in ways that keep everybody happy. Where disputes do occur the Guide should give members a clearer idea of what rights they have and ways they can resolve their problems.
Consumer law is complex, and in Australia is regulated by legislation of various jurisdictions - the Commonwealth, States and Territories. The Guide deals only with the law applicable in the Australian Capital Territory (ACT). Even then, it is not an authoritative statement of the law which can be obtained only from an examination of the relevant legislation and case law.
Determine what your computer hardware needs are. Careful choice is a better form of protection than invoking legal remedies. Find a reputable supplier - the Guide gives tips about how to assess this. Price should not be the only consideration when purchasing computers.
Check claims made about products where possible. Evaluate the warranty offered, and also consider the capacity of the supplier to fulfil the warranty.
List clearly the main features of the computer you are buying in a document associated with the contract, ie. a letter or invoice. Never pay an excessive deposit. Agree on how long you will have to wait before the equipment is supplied.
In the event of a problem you may have legal rights against the:
If you are unable to solve the problem there are a number of options open to you. Nevertheless, you are strongly advised to aim for conciliation rather than confrontation.
The Guide shows that there is plenty of protection available for consumers these days, and where to find it.
However, the old warning 'buyer beware' or, in legal jargon, 'caveat emptor', applies just as much as it ever did.
Furthermore, to have a clear legal recourse against your supplier, manufacturer or credit provider can be cold comfort. Going through the courts is costly and will use up lots and lots of your time. It pays to deal with a supplier that has a good name to protect and will be around to back up the sale if something goes wrong.
Alternatively, PCUG members can collect a printed copy of the Guide, for a nominal cost of $2 to cover printing and handling, from: