Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Warranty of used motor

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
reallyxxxxxxloud View Drop Down

Joined: 20/January/2011
Location: Australia
Posts: 13
  Quote reallyxxxxxxloud Quote  Post ReplyReply Direct Link To This Post Topic: Warranty of used motor
    Posted: 18/December/2017 at 18:32
I've sold a motor with 1 months warranty and near the end of that time the customer claims its now smoking but refused to send it back for my inspection as per his obligation under my disclaimer on my business page (that he is aware of). Instead he demanded $2500 extra money to cover incidentals - (again not covered) before he will release the engine.
He has now contacted the Office Fair Trading who have said that because he paid a certain amount of money that the motor is covered under the 9 consumer guarantees that apply to any goods you buy from a business in Queensland.

My disclaimer:

Consideration should be given to all parts as - "as is" condition, untested and a visual inspection only, unless otherwise stated. Warranty is upon return of item for inspection, unless otherwise stated. Warranty will be a replacement, repair or funds returned at our discretion. This warranty does not cover incidental costs associated with a failure or supply of the wrong part, replacement part or repair (i.e gaskets, oils, labour, seals, shop fees, filters etc).
: We will never sell a defected part knowingly.

But as per the consumer guarantees there's the Exceptions:


This guarantee does not apply if:

    you do not meet your obligations under the sale

Would this apply being he did not return the motor within the 1 months warranty period?

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 674
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 18/December/2017 at 20:27
You cannot include a disclaimer that reduces the rights of the customer as defined by the Legislated consumer guarantees.

I believe that he has fulfilled his obligation if he notified you within the time as defined in the Legislated consumer guarantees.

See your solicitor to see where you stand in this case.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.