Check a technology supply against the consumer guarantees

Key facts

Human involvement
YellowClose supervision
How AI is used
From the order and the contract, copy the price including GST, whether the buyer is told to be buying for personal or business use, any no-refund wording, and any promised purpose or time frame. Leave the guarantee and the remedy blank.
What the lawyer must review
The lawyer decides whether a guarantee applies and whether it was met. The ACCC page says the guarantees sit in the Australian Consumer Law, arise automatically, and cannot be taken away by a no-refund sign, a denial of responsibility, or a statement that an extended warranty is required to keep the rights. A warranty is an extra promise. For goods, the page describes acceptable quality, fitness for a purpose the consumer made known or the business advertised, matching description, matching sample, and express warranties. For services, the provider must use due care and skill, the service and any product of it must be fit for a stated purpose, and the service must be supplied in a reasonable time if no time was agreed. A business buyer is covered if the price is less than $100,000 including GST, or the thing is commonly bought for personal or household use, or the good is a vehicle or trailer used mainly to transport goods on public roads. Goods are not covered if bought for resupply, for use or transformation in production, or to repair or treat other goods. Goods and services bought before 1 January 2011 are outside the current law. Financial products such as insurance are outside it. Transport or storage of goods for business purposes is not covered. Fitness for purpose does not apply to professional services of a qualified architect or engineer. An overseas seller who sells directly to consumers in Australia must comply, and a sale that is not officially offered in Australia is not covered. The ACCC does not decide an individual dispute and does not advise what a business must do in a particular case. The remedy page was not opened.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Test the price against $100,000 including GST, and the use against resupply and production, before saying the guarantees apply.
  2. Do not treat a no-refund clause as removing a guarantee.
  3. Keep a financial product on the other law the page points to. Do not apply these guarantees to it.
  4. Do not state a remedy. That part of the guidance was not opened.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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