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About Consumer Rights

About Consumer Rights

Dell

When you buy a product from Dell as a consumer, as well as the rights you have under Dell's terms and conditions (or 'express warranty'), you also have rights under law which cannot be denied to you by Dell. Dell customers are entitled to a remedy if products do not comply with these legal rights.

Prior to 1 January 2011, your legal rights are called 'implied rights', and they are:
  • Quality - goods supplied by Dell must be of merchantable quality. That is, they must meet a level of quality and performance that would be reasonable to expect, given their price and description. For example, you might expect that a Dell laptop computer would have a higher level of quality and performance and last longer than a lower priced printer;
  • Description - goods supplied by Dell must match any description provided by Dell, for example on our website;
  • Sample - goods supplied by Dell must match any sample shown to you, for instance by a Dell salesperson who shows you the features of a particular laptop;
  • Purpose - goods and services supplied to you by Dell must be fit for any purpose for which these types of goods or services are usually purchased, or any purpose you have made known to Dell. For example, if you have made it known when purchasing a Dell laptop that you would like it to play DVDs, the laptop we supply you should include a DVD drive;
  • Due care and skill - services provided to you by Dell (such as repair services) must be provided with due care and skill. . For example, if you have paid Dell to repair your laptop's DVD drive, in the process the repairer should not fail to provide services with due care and skill and so cause other damage to the laptop;
  • Title - a consumer who purchases a product from Dell must receive clear title to the product. For example, the product cannot have already been sold to someone else.

On 1 January 2011, the Australian Consumer Law comes into operation. As of 1 January 2011, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The guarantees are similar to implied rights, except:
  • Quality - the implied warranty of merchantable quality is replaced with a consumer guarantee of acceptable quality. The test for acceptable quality is whether a reasonable consumer, fully aware of the state and condition of the goods, would find them:
    o safe, durable and free from defects;
    o acceptable in appearance and finish; and
    o fit for all the purposes for which goods of that kind are commonly supplied.
  • Express warranties - Dell will be legally required to comply with the express warranty that is set out in its terms and conditions;
  • Reasonable time - repair services provided by Dell must be provided within a reasonable time.

For further information on consumer rights visit www.consumerlaw.gov.au and www.accc.gov.au/consumerguarantees.

 

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