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Notch 6 of 6 · Checking the weights

Claims about savings and returns

A seller’s figure for what a product will save or earn is a claim about its value, benefits or performance, and the ACCC says such claims must be accurate, truthful and based on reasonable grounds. A claim about the future, such as a projected saving, needs reasonable grounds at the time it is made, and the business making it is responsible for showing that it had them.

A guide published by Dotto. General information, not legal advice, written for a business on the buying side. The ACCC’s pages, listed at the foot of this page, give the rules in full.

The load
The seller’s figure
The counterweight
The grounds behind it
The reading
Whether the claim holds
Notch 6 of 6 on the steelyard.

The rule, in short

The ACCC’s rules on false or misleading claims apply whatever a business intends, and they reach a quotation and what staff say or write as well as advertising. For a buyer the sharpest part is the rule on forecasts: a claim about future matters, such as a projected saving, needs reasonable grounds at the moment it is made, and the business that made it must be able to show those grounds. Silence can mislead as well, when a business gives some information but leaves out important details a buyer needs for the decision.

When a business is the buyer

“A business can be a consumer too,” the ACCC says. Consumer guarantees reach a purchase made for business use if it meets one or more of these conditions:

  • “it costs less than $100,000 including GST”
  • “it is a product or service commonly bought for personal, domestic or household use”
  • “the good is a vehicle or trailer that is used mainly to transport goods on public roads.”

Even when one applies, a product is not covered when it is bought “for resupply”, “for use or transformation in production or manufacturing” or “to repair or treat other goods”.

ACCC, Consumer rights and guarantees. ACCC material is © Commonwealth of Australia, CC BY 4.0.

The same ACCC page also sets out other exceptions and special rules. Among them: “Services to transport or store goods for business purposes are not covered by consumer guarantees”, and the consumer guarantees “don’t apply to financial products such as insurance, as these are covered by other laws”.

The ACCC gives an example of each side of the line. A dental practice that buys a $500 portable air conditioner for the practice is covered. A farmer who buys $20,000 of grain to feed cattle he will later sell is not, because the grain is used in producing the cattle.

Promises about performance

Three guarantees bear most directly on what a purchase was said to deliver.

Questions to put to a savings figure

These questions are this guide’s own, drawn from the earlier notches. They are prompts for reading a figure, not legal tests.

The ACCC’s pages on false or misleading claims and on consumer rights and guarantees, listed below, set out the rules in full, with more of its own examples.

Sources for this page