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Re:My Pixel has a manufacturing defect by shakna on Saturday December 10, 2016 @10:20AM (#13145995)
Within Australia, Consumer Law overrules any and all conflicting arbitration clauses.

For example, "extended warranties" you pay for are considered useless, and the ACCC recently did a public awareness campaign against them.

Why? Products are guaranteed to last a "reasonable lifetime", where precedent determines reasonableness.

Precedents I know:

* "Dumb" phone, 10 years

* Smartphone, 5 years

* Fridge, 10 years

* Car, 8 years

* Laptop, 5 years

* Tablet PC, 3 years

Re:My Pixel has a manufacturing defect by rz2k on Saturday December 10, 2016 @10:50AM (#13146155)
Do you have to have purchased the items in Australia? I know some people try to only purchase electronics overseas, because they are so much more expensive there.
Re:My Pixel has a manufacturing defect by shakna on Saturday December 10, 2016 @10:53AM (#13146180)
No, an item sold across the 'net is still being sold to Australia, and beholden to the Consumer Rights.

However, you're pretty much guaranteed to get nowhere unless the company, or a subsidiary, resides within Australia.

But, if in doubt, report to the ACCC, they handle the legal legwork for you, even to see if you have a case.

EDIT: I've had a few Arduinos from dealxtreme be shoddy. The ACCC got them to send replacements.

Re:My Pixel has a manufacturing defect by karyon on Saturday December 10, 2016 @10:35AM (#13146076)
that... sounds too good to be true. could you provide any references on what the actual consequences of this warranty are?
Re:My Pixel has a manufacturing defect by shakna on Saturday December 10, 2016 @10:47AM (#13146137)
The guarantees can be seen here [0].

Personally, I've never needed to test it, as mentioning the Consumer Rights Commission is enough to make the worst of businesses suddenly become your best friend.

However, a little research shows:

The ACL will assist if the business refuses to honour the guarantee. [0]

> "If we find that a retailer is not honouring the obligations imposed on the retailer under the consumer guarantee provisions of the Australia consumer law then the ACCC will take action to deal with those issues," Mr Samuel said.

Optus, a sizeable telecom, got a decent fine for hiding stuff in fine print.

> The ACCC has already been busy enforcing a prohibition on false, misleading or deceptive claims, with Optus recently agreeing to pay $178,200 in fines for potentially misleading consumers with some of its phone cap advertising.

There's actually a TV show revolving around this stuff [1], so I'd say its relatively enforced.

[0] http://www.abc.net.au/news/2011-06-07/broken-but-out-of-warr...

[1] http://www.abc.net.au/tv/thecheckout/

Re:My Pixel has a manufacturing defect by givinguflac on Saturday December 10, 2016 @10:46AM (#13146128)
WOW, 5 years for a smartphone? I'm all for longer warranties but honestly that seems excessive to enforce. There's no way an even 4 year old smartphone wouldn't have at least some consumer caused damage. How do they account for that? If I beat the hell out of my phone but still insist there's "a problem" they have to just eat the cost?
Re:My Pixel has a manufacturing defect by shakna on Saturday December 10, 2016 @10:49AM (#13146145)
Not guaranteed if you caused the damage.

Its against manufacturing defects, and designed to fight planned obsolescence.

EDIT: Most warranties here don't cover consumer-caused damage either. If they do, extended warranty makes sense, but it's few and far between.

Re:My Pixel has a manufacturing defect by jay_kyburz on Saturday December 10, 2016 @09:04PM (#13149169)
Those times look a little exaggerated to me. My understanding is that it will be up to the magistrate to decide what is a reasonable life expectancy of a device. (Based on how the product was marketed and sold)
Re:My Pixel has a manufacturing defect by shakna on Saturday December 10, 2016 @10:04PM (#13149369)
Yes, a magistrate decides. The times listed already have a set precedent.

What goes into deciding reasonableness usually involves:

* Cost of product vs average income of average household

* Reliability advertised

* Average income of the targeted audience

* Audience reliance upon the product

As a quick example, an iPhone sells for about $1400, which is about 2% of the average income, and is a daily use item.

The device breaking causes disruption to the consumer, and has already cost a somewhat sizeable part of their income.

They're entitled to the time necessary to offset such a purchase, and interest rates and insurance rates are used as the guide here. Both of which use 4.8 years for 2%.