It broke. Do I have to put with that loss?

The law creates automatic warranties, called "consumer guarantees" that goods need to be "acceptable" or "fit for purpose, or your services must be provided with "due care and skill”.

There are some situations where your small business may be covered by the same rights as consumers. When something your business buys breaks down, or doesn't work, even if it is out of warranty, you have the right to ask for repairs, refund or replacement at the seller’s cost.

If a local small business purchases power tools to the value of $3,000, or computer hardware like monitors and screens that never work or break down with defects, that business can claim a refund, repair or replacement from the seller.

Likewise, if a business pays a local plumber or electrician to fix their premises, and they don’t do the job properly, they can be required they come back and fix the job, or pay the cost of getting it done again.

While there's some complexity behind the law, as always, the idea behind these guarantee is that you get what you pay for.

There are also a few exceptions, such as the goods you buy to resell.

So where does this leave you? It means you don't have to just suck it up when a seller says there is no warranty, or that it’s out of warranty, there may be alternatives available to you and you should check with a lawyer as to what's possible.

Our business law team of Lachlan Edwards and Siobhan Liston are available to assist you with questions about your defective goods and services. If you would like to discuss this further, you can call Lachlan on 0427 916 442 or Siobhan on 03 5445 1067 for assistance.