Reading time: 3 minutes

If you run a business that accepts goods for repair, you will most likely require a repair notice. When repairing goods such as phones and laptops, there is a risk that in the process, some data will be lost. Below, we explain how you provide a repair notice to consumers before accepting their goods for repair.

How do I Provide the Repair Notice?

If you accept the goods for repair in person, your business must provide the consumer with a written repair notice. The consumer can then sign the notice, and keep a copy. 

Sometimes, the consumer may choose to post the goods to the repairer. In these situations, the business must still provide written notice before accepting the goods for repair either by email, mail or fax.

In practice, if you send notice by mail it will naturally take longer to arrive than an email or fax. Therefore, the business sending the notice must provide for a reasonable time in which the consumer can receive the notice before accepting the goods for repair. ‘Reasonable time’ varies, depending on the situation but as a general rule, it should provide the consumer with sufficient time to both receive and respond to the notice. 

Providing the consumer with the repair notice allows the consumer to consider whether they want to go ahead as well as the opportunity to backup their data before handing it over. 

Not Good Enough!

Displaying a sign in your repair shop that there is a risk of losing data during the repair process is not enough to notify the consumer. It puts the onus on the consumer to read the sign before giving their goods in for repair, and the business cannot know for sure whether the consumer has seen it.

A business needs to go beyond this and provide the consumer with a written notice and make sure that they read it. It is also best practice to advise the consumer verbally and get their consent before proceeding with the repairs.

Using Refurbished Parts

Some businesses use refurbished parts when repairing or replacing faulty goods. If your business does this, you should let the consumer know so that they can decide whether they want to go ahead. Sometimes a consumer may prefer not to have the parts replaced with refurbished parts.

Conclusion

The idea behind repair notices is to give consumers an opportunity to understand the risks and make an informed decision. You need to take steps to ensure your customers know the risks before you accept their goods for repair. It gives them an opportunity to backup their data and also to decide whether they want to go ahead. Not providing consumers with written notice can constitute a breach of the Australian Consumer Law.  

Questions? Get in touch on 1300 544 755.

Webinars

Trade Marks 101

Thursday 17 June | 11:00 - 11:45am

Online
Your trade mark is one of the most valuable assets of your business. It is therefore crucial to understand how to protect your trade mark, avoid disputes, and prevent competitors from infringing on your rights.
Register Now

Expanding Your Australian Business into New Zealand

Thursday 24 June | 11:00am - 12:00pm

Online
Looking to expand your business into New Zealand? Don’t get tripped up on common mistakes.
Register Now

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. From just $119 per week, get all your contracts sorted, trade marks registered and questions answered by experienced business lawyers.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • 2020 Excellence in Technology & Innovation – Finalist – Australasian Law Awards 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice – Winner – Australasian Lawyer 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer