Eighty-three-year-old June wants to buy a new vacuum cleaner and has decided on a cordless and bagless

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Question:

Eighty-three-year-old June wants to buy a new vacuum cleaner and has decided on a cordless and bagless model after she tripped on the cord of her last vacuum cleaner and inhaled mouthful of dust. With the help of her daughter Jenny, June visits Dogfreys Pty Ltd on the Kawana Waters retail strip and encounters the enthusiastic salesman, Richard. She and Richard get into a deep conversation about her Siamese cat Twiggy, who was recently begun to shed fur on the ceramic tiles of June's apartment in the 'Green Acres' retirement village.

Richard extols the energy savings of the recently imported, brand new cordless 'Green Energy' vacuum cleaner with its patented rechargeable lithium battery. He tells June that, once it is fully charged, the lithium battery has a life of 100 hours, enabling continuous cleaning for that length of time. Furthermore, Richard tells June that the 'Green Energy' vacuum cleaner is guaranteed to comprehensively vacuum any dust, leaves, papers or other rubbish (and, as he says, "certainly any of Twiggy's fur!") left deposited on her apartment flooring. He also advises June that the 'Green Energy' vacuum cleaner comes with a lifetime guarantee of free spare parts and repairs, with parts, repairs and service delivery guaranteed within 24 hours of any customer request.

Being a bit of an environmental activist, June buys the brand new cordless 'Green Energy' vacuum cleaner with its patented rechargeable lithium battery. When June gets home, she eagerly unpacks the new vacuum cleaner and, after charging the battery overnight, tries the vacuum cleaner out on the ceramic-tiled flooring in her apartment. To June's dismay the vacuum cleaner, which has only sucked up the fine hairs shed by her Siamese cat Twiggy, ceases to function within minutes. Although she is careful to follow the instructions in the Instruction Manual, nothing June does seems to rectify the problem. When June phones the "Repairs and Spare Parts" hotline on Tel.1800 666 666, she is told that all orders for spare parts, and all product servicing and repairs, have been placed on hold indefinitely because of unavoidable COVID-related supply problems.

When June again visits the Dogfreys' store to confront Richard, he smiles benignly and tells June, "That's the luck of the draw with modern vacuum cleaners, love! 'Buyer beware' and all that! Oh - did I show you this clause in the Warranty Agreement that limits our liability for breaching any guarantees? Sorry June - you haven't got a leg to stand on!"

Now June is enraged and, hearing that you have just successfully completed Business and Company Law, comes to you for advice.

Advise June as to her rights, and Dogfrey Pty Ltd's and/or Richard's liability, under the Australian Consumer Law. Be sure to cite relevant sections and case law in your answer.