Battery Replacement / Sheet 04
General information, not legal advice. The official places to check are the ACCC and your state or territory consumer protection agency.
Sheet 04 · Cell C, under guaranteePhone battery replacement and your rights
A phone, and a battery replacement done on one, both come with consumer guarantees under the Australian Consumer Law: the phone must be of acceptable quality, and a repair service must be done with due care and skill. These rights are automatic, a warranty sits on top of them, and no business can take them away by what it says or does.
The phone you bought, and the service you paid for
A battery can let you down in two different ways, and the law treats them as a product and a service. Products and services normally bought for personal or household use are covered.
A phone whose battery fails
A product sold to a consumer must be of acceptable quality: safe, durable and free from defects, acceptable in appearance and finish, and able to do everything similar products are commonly used for.
A replacement that goes wrong
A service must be carried out with an acceptable level of care and skill, at least as good as a competent provider with average skills and experience, and with reasonable steps to avoid causing loss or damage. It must be supplied within a reasonable time if no time was agreed.
How long should a battery last?
The law sets no fixed number. The ACCC says “there are no set rules for deciding whether a product is of acceptable quality, or how long a product should last for”, and instead lists questions to weigh, among them:
- What kind of product is it, and how does it compare with similar products?
- How much did it cost, compared with products of a similar price?
- What maintenance may it need to keep working?
- Did the business or the manufacturer claim anything about its quality, or how long it would last?
- How old is it, and how long do similar products normally last?
- Was it sold new or second-hand, and has it been used in a way it was not designed for?
After a warranty against defects runs out, the guarantee of acceptable quality usually still applies, so a consumer is likely to still have a right to a repair, replacement or refund after the warranty period.
There is no right to a remedy if you simply changed your mind, if you misused the product and that caused the problem, or if you were told about the problem before you bought it. Most guarantees also do not apply to a one-off sale between two people where the seller is not in business.
Major or minor: what each means
The remedy depends on whether the problem is with a product or a service, and on whether it is major or minor. A business may assess the product or service before it provides a remedy.
| Major problem | Minor problem | |
|---|---|---|
| What it means | The product is unsafe; is very different from its description; has one serious problem, or several smaller ones, that would have stopped someone buying it; or cannot be used for its normal purpose and cannot easily be fixed within a reasonable time. | The ACCC’s page gives no separate list; its consumer guides have examples. |
| The remedy | The consumer chooses a refund or a replacement of the same type. They may instead keep it and be compensated for the drop in value. | The business must fix the problem or repair the product free. It may offer a replacement or refund, but does not have to. |
| Also | A refund should be the full amount paid, with nothing taken off for the use already had. | If the business cannot or will not repair it within a reasonable time, the consumer can have it fixed elsewhere and be paid back the reasonable cost, or get a refund or replacement, or keep it and be compensated for the drop in value. |
The business you bought from is responsible for putting it right, and must not send you to the manufacturer for a remedy. You may choose to go to the manufacturer, but for some guarantees you can then only claim compensation for the drop in value, and sometimes other compensation.
Before a phone goes in for repair
When electronic products such as mobile phones are repaired, the data stored on them can be lost, and businesses may use refurbished products or parts. Businesses have to warn consumers about both by giving them a repair notice.
Two more points from the ACCC that matter for a battery:
- Spare parts. In the ACCC’s words, “the manufacturer or importer must provide spare parts and repair facilities for a reasonable time after purchase”. That holds even if you did not buy directly from them, unless you were told at the time of purchase that they would not be available after a certain time.
- Returning it. You can return a product you think has a problem; it need not be in its original packaging, but the business may ask for proof of purchase, such as a receipt. If the business confirms the problem, it must repay reasonable return costs you have paid.
Fire and Rescue NSW’s advice is not to use or charge a battery that is swelling or bulging. Under consumer law, a product that is unsafe has a major problem. Whether that test is met in a particular case is a question for the business, your state or territory consumer protection agency, or a lawyer. Sheet 03 has the warning signs.
Warranty or guarantee?
| Consumer guarantee | Warranty | |
|---|---|---|
| Where it comes from | The law. It is automatic. | A voluntary promise from the business or manufacturer, which becomes a legal right once you buy. |
| Can it be taken away? | No. A “no refunds” sign, or a claim that a business is not responsible, cannot remove it. | Its terms can require you to do things to keep it, such as regular servicing. If you do not, the warranty claim can fail, but the guarantees still stand. |
| How long | A reasonable time, depending on the product or service. | Usually a set period. |
A written warranty against defects for goods must include, word for word, this text set by law: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
Where a problem goes next
The ACCC’s first step is to contact the business, mention the Australian Consumer Law, and discuss the problem. If the business does not fix it, you can speak to your state or territory consumer protection agency, and anyone can report an issue to the ACCC. The ACCC does not resolve individual disputes or give legal advice about a person’s right to a remedy.
The ACCC also has a repair, replace, refund problem solver that asks questions about a purchase.
When the old battery comes out, phone batteries are collected through MobileMuster, not B-cycle. Sheet 02 has the routes.