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From time to time a Seller on SNA claims that the Warranty on the item is transferrable. As a Buyer I wonder what you need to do to check on this claim?

The following issues would be important I would think. A: You would need to establish that the Seller has the Original Sales Receipt. B: Establish where the item was purchased and contact them re the issue of Warranty Transfer. 

Why bother? Without Warranty Transfer the value of the item asked by the Seller is negotiable. Any thoughts.

 

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It's a complicated matter.  I would think that because an item is covered by warranty for a particular period, it should be covered if it changes hands and there is proof of purchase (to establish the purchase date to establish if it is in the warranty period).   However, some warranties have clauses that negate the warranty if an item changes hands, and there are some businesses that will try to enforce that even if it's not stated in the warranty.

 

Irrespective of what is and what is not written in the warranty, it is over-ridden by the consumer law in your state.  So if the warranty says it's only good for the original purchaser and the law says it doesn't matter who owns it, the law wins. 

 

Check the consumer affairs website in your state to see what they say.  Then try to work out which state law wins if they are different and the item was purchased in a different state to where you live. 

 

It's inconsistencies and complexities like this in laws that make lawyers rich and consumers frustrated.

 

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Is it just state consumer law that applies, or does Australian Consumer Law have application and/or precendence?

 

https://consumerlaw.gov.au/australian-consumer-law/legislation

 

I won't address the matter further regardless of my own (mis)understanding of the issues.  

 

However, I'd love to know what conclusions are reasonably reached.

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In general Federal law overrides State law, unfortunately it is in general, not always.

 

Do check with the manufacturer and the original vendor. Getting government consumer protection can be more than just difficult.

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I remember talking to a retailer about how warranty is built into the RRP of an item. When you on-sell an audio item you aren't offering any warranty other than a refund if thats appropriate. Should you factor this into the price you are asking? How much does the worth of an item depreciate after initial purchase? 

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I don't know but I recently sold my previous Amplifier and it said in the terms it was transferrable. I think that might be something to look for? 

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My uinderstanding of this is as follows: In general, warranty will be as written (manufacturer's warranty is not the same as consumer guarantees outlined in the ACCC website - it can be over and above, but cannot limit your consumer rights). This means you can't assume it will be transferrable, even with proof of purchase so due diligence would be sensible if this is a factor.

 

Your ACCC consumer guarantees as outlined on the ACCC website are applicable to purchases from businesses - if you purchase from a private seller you no longer have the same guarantees. At least that's what I take away from the below (although someone has noted it is possible this varies from state to state). This would mean any and all warranty issues hinge entirely on the manufacturer's warranty.

 

https://www.consumer.vic.gov.au/products-and-services/online-shopping/buying-from-a-private-seller-online

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I have just now contacted an audio dealer in Melbourne to get another copy of my receipt for some power cords I bought recently. You guessed it I'll have to return them to the manufacturer for replacement under warranty. Be careful what you write about!

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aust consumer guaranty does not cover private sale of items for warranty

 

state laws.. never seen one that over rides the above

 

manufacturer warranty is transferable unless it states under the manufacturers warranty conditions.. ie: marantz avr is NOT transferable but PSA speaker is.

 

any ad you see you need to research it, if it states warranty and you find it is not transferable contact mods. ignorance as a seller is no excuse and own fault of buyer for not doing basic research.

 

 

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42 minutes ago, hopefullguy said:

aust consumer guaranty does not cover private sale of items for warranty

 

state laws.. never seen one that over rides the above

 

manufacturer warranty is transferable unless it states under the manufacturers warranty conditions.. ie: marantz avr is NOT transferable but PSA speaker is.

 

any ad you see you need to research it, if it states warranty and you find it is not transferable contact mods. ignorance as a seller is no excuse and own fault of buyer for not doing basic research.

 

 

Wow that is interesting, it was a Marantz Amp/AVR I sold and I had the option of extending to a 3 year warranty by registering with Marantz directly and took that opportunity and the paperwork confirmed the warranty was transferable. So might depend on the item I guess / maybe........

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https://www.qualifi.com.au/warranty_terms/Marantz/2

 

"f. That the product was purchased in Australia and it is the original purchaser applying for repair under warranty. This warranty is non-transferable."

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A real can of worms! If you intend to sell gear on SNA I really think you should check on "Warranty Transfer" before you list the item or mention Transfer of Warranty etc in your advert.

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