The Australian Competition and Consumer Commission has accepted a court enforceable undertaking from Apple Pty Limited (Apple) following an investigation into Apple’s consumer guarantees policies and practices, and representations about consumers’ rights under the Australian Consumer Law (ACL).

The ACCC was concerned that Apple had made a number of false or misleading representations to a number of consumers regarding their consumer guarantee rights, including that Apple was not required to provide a refund, replacement or repair to consumers in circumstances where these remedies were required by the consumer guarantees in the ACL.

The ACCC was also concerned that on occasions these representations may have arisen from Apple staff and representatives misapplying Apple’s policies, including its 14 day return policy and its 12 month limited manufacturer’s warranty.

In the undertaking Apple has publicly acknowledged that, without limiting consumers’ rights, Apple will provide its own remedies equivalent to those remedies in the consumer guarantee provisions of the ACL at any time within 24 months of the date of purchase.

To avoid any doubt, Apple has also acknowledged that the Australian Consumer Law may provide for remedies beyond 24 months for a number of its products.

From 1 January 2012 suppliers of consumer goods and services must include standard wording in warranties against defects: Schedule 3 of The Trade Practices (Australian Consumer Law) Amendment Regulations 2010 (No. 1).

The rules make it clear that supplier warranties are in addition to 12 basic statutory consumer guarantees. A requirement to pay for a contractual right to which a consumer is already entitled by law will be a false and misleading representation.

The Regulations were made pursuant to Section 102 of the Australian Consumer Law which is contained in Schedule 1 of Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.