Does an Australian consumer guarantee issue remain separate from the manufacturer's voluntary warranty?
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Does an Australian consumer guarantee issue remain separate from the manufacturer's voluntary warranty?
Yes.
A voluntary warranty from a manufacturer is a separate thing from a right the law gives a buyer. Section 64(1) of the Australian Consumer Law, in its Division on consumer guarantees, states that a term of a contract “is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying: (a) the application of all or any of the provisions of this Division; or (b) the exercise of a right conferred by such a provision; or (c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.” The Terms of Use state: “Nothing in this section removes a right that the law gives you.” They also state: “A warranty, manual, statement, order confirmation, or other document issued only by a manufacturer, seller, distributor, or other third party does not bind C-POLAR.” and “Only an express written warranty that identifies C-POLAR as the warrantor creates a C-POLAR warranty.” They further state: “If mandatory consumer law gives a consumer the right to use another court, that right controls.” The company publishes no position of its own under Australian consumer law; the seller of the finished product answers for the sale. NanoFlashing™ is a technology; the name, rating and sale of a product that carries it are set by that product's maker and seller.
Source: C-POLAR — Terms of Use (https://cpolar.tech/terms/); Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), section 64, Compilation No. 166, compilation date 27 August 2026, Federal Register of Legislation, read 20 September 2026, https://www.legislation.gov.au/C2004A00109/latest/text.
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