Repairer and Customer Supplied Parts

There has been a significant increase in consumers purchasing parts online in an attempt to save on costs. The consumer is then supplying those parts to you, the Repairer, for fitment!

But what happens if that part fails? Who is then responsible to cover the warranty?

Is it you the Repairer? Or is it the Consumer who purchased the part(s)?

In relation to the actual part/good provided by the consumer, there is no ‘consumer guarantee’ to the part(s) supplied.

However, there is a provision under the ‘consumer guarantee’ to the repair service provided.

A supplier is anyone (including a trader, a retailer or a service provider) who, in trade or commerce, sells products or services to a consumer. For example: in a situation where the consumer has supplied the part, and not the repairer (repairer has not supplied any part for sale to the consumer), the repairer, is not liable for that ‘good’ and the ‘consumer guarantee’ surrounding the ‘good’ itself.

However, under the Australian Consumer Law (ACL), a repairer must meet the ‘consumer guarantees’ of providing services:

• with due care and skill
• which are fit for any specified purpose
• within a reasonable time (when no time is set)

This means that the repairer would have to install the part with due care and skill and would probably have responsibility for ensuring that the customer supplied part is fit for its purpose mechanically and will not cause other service faults.

So the consumer guarantee is about the ‘service’ involving the part rather than the ‘good’ of the part itself.

IMPORTANT – Things to Note:

• Always keep a record on a customer signed job card of parts supplied by you and parts supplied by the customer
• A repairer is not liable if the part simply fails independently of the service of the repair work carried out
• A repairer should ensure that due care and skill has been used in the fitment of a part and that it is fit for purpose and furthermore, the part meets Australian Quality Guidelines. They should reasonably request information about the part from the customer e.g. new part, make and model, where purchased from, etc.
• Always state on the Job Card and Invoice that there is no guarantee on customer supplied parts

If you have any questions, please contact your Division Manager, Gary O'Sullivan, on M: 0423 582 183 or E: gary.osullivan@mtansw.com.au