The Australian Competition and Consumer Commission (ACCC) has initiated Federal Court proceedings against Hewlett-Packard Australia (HP) over alleged contraventions of the Australian Consumer Law.

 

The ACCC alleges HP made false and misleading representations to consumers in relation to warranty and guarantee rights of consumers.

 

In its current form, the Australian Consumer Law provides consumers with rights to warranties and guarantees for faulty products, meaning that consumers have legal rights to access a refund or replacement item.

 

The ACCC has accused HP of breaching the consumer law by:

  • the remedies available for a faulty HP product were limited to remedies available from HP at its sole discretion;
  • consumers must have had a faulty HP product repaired multiple times by HP before they were entitled to receive a replacement;
  • the warranty period for HP products was limited to a specified express warranty period;
  • following the expiration of an express warranty period, HP would repair faulty HP products on the condition that consumers pay for such repairs
  • consumers could not return or exchange HP products purchased from the HP Online Store, unless otherwise agreed by HP at its sole discretion.