Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Offering a warranty can build customer confidence and reduce disputes - but only if your warranty terms are clear and compliant with Australian law.
If you’re putting together a warranty template for your products or services, there are specific rules under the Australian Consumer Law (ACL) you must follow. The good news? With a simple structure and the right mandatory wording, you can roll out a warranty that protects your brand and keeps you on the right side of the law.
In this guide, we’ll walk you through what a “warranty against defects” is, what your template must include, how to draft it step-by-step, where to publish it, the common mistakes to avoid, and the other documents that should sit alongside your warranty.
What Is A Warranty Template (And When Do You Need One)?
A warranty template is a standard set of terms you give customers that explains what you’ll do if your goods or services don’t meet specific standards you’ve promised - for example, “12-month workmanship warranty” or “we’ll replace defective parts within 30 days”.
Under the ACL, this kind of promise is called a “warranty against defects”. You’re not required to offer one, but if you do, your warranty document must meet certain requirements. Importantly, your warranty sits in addition to the automatic consumer guarantees that apply to goods and services in Australia (you can’t contract out of those).
If you regularly sell to consumers (or small businesses that qualify as consumers), a clear, compliant warranty template helps you manage expectations, streamline claims, and prevent misunderstandings.
What Must A Warranty Against Defects Include Under Australian Consumer Law?
The ACL sets out mandatory content for warranty documents provided to consumers. While the exact wording varies slightly depending on whether you provide goods, services, or both, your template should cover at least the following:
- What you promise to do if there’s a defect (repair, replacement, re-supply, refund, or a combination).
- How customers can make a claim (the process, how to contact you, required proof of purchase).
- Who pays for return, removal or reinstallation costs (be explicit about freight or call-out fees).
- The time period your warranty applies to (e.g. 12 months from purchase, or different periods for different parts).
- Your business name, address, email/phone number, and ABN or ACN.
- When claims must be made and how quickly you’ll respond.
- Any limits or exclusions - provided they’re not unfair or inconsistent with the ACL.
- Mandatory ACL wording stating that your warranty benefits are in addition to consumers’ rights under the ACL.
There is also prescribed text you must include to acknowledge that your warranty does not exclude the consumer guarantees. If your warranty terms imply anything different, they can be misleading. For example, statements like “no refunds under any circumstances” risk breaching section 18 (misleading or deceptive conduct) or section 29 (false representations) of the ACL.
If you want a ready-made, compliant starting point tailored to your industry, consider a dedicated Warranties Against Defects Policy that bakes in the mandatory language for goods and services.
Quick note on “how long a warranty should be”: your own warranty period is up to you, but it cannot limit the separate consumer guarantees. In some cases, consumers may be entitled to remedies beyond 12 months depending on the nature and price of the product. Our guide to Australian Consumer Law warranty rules explains how this works in practice.
Step-By-Step: How To Draft A Warranty Template For Your Business
Here’s a practical process you can follow to create a warranty template that’s clear for customers and compliant with the ACL.
1) Map Your Offer And Your Risks
- List the types of goods and/or services you sell and the most common defects or complaints.
- Decide on sensible warranty periods for each item or category (for example, parts vs. labour).
- Choose appropriate remedies you’ll commit to (repair, replacement, re-supply, refund, or a combination).
Be realistic - a warranty is a promise you must honour. If logistics are complex (e.g. large items, regional service calls), spell out who covers freight or call-out costs so there’s no surprise later.
2) Add The Mandatory ACL Wording
For goods, your template must include a statement acknowledging that your warranty benefits are in addition to the consumer guarantees. For services (or goods and services), there is equivalent mandatory wording. Ensure the wording is easy to find, not buried in fine print.
Tip: This is where businesses often slip up. If you’re not sure which mandatory wording applies, it’s safest to use a compliant policy template and tailor the business-specific details.
3) Set A Clear Claims Process
- Explain exactly how a customer starts a claim (email, webform, phone), and what evidence they need (proof of purchase, photos).
- Confirm whether you’ll inspect items first, and typical response/turnaround times.
- Address logistics: who organises shipping, who pays for postage or removal/reinstallation, and how you handle items that can’t be returned easily.
Clarity here reduces friction for both your team and your customers.
4) Include Your Business Details
Add your legal name, ABN or ACN, address, phone number and email. If you operate through a company, ensure these details match your official records and any Terms of Sale or invoices.
5) Check For Unfair Terms Or Misleading Statements
Avoid blanket exclusions like “we are never liable for any loss” for consumer goods or services - these are red flags under the ACL’s unfair contract terms regime. Consider an Unfair Contract Terms review if you’re unsure whether your limitations are reasonable and enforceable.
Also make sure your advertising and warranty language doesn’t overstate coverage or create confusion about available remedies. Overpromising can raise issues under section 29 (false or misleading representations).
6) Align Your Warranty With Your Sales Channels
If you sell online, your warranty should align with your Website Terms and Conditions and checkout flow so customers see the terms before they buy. For retail sales, consider packaging inserts, QR codes to your warranty page, or signage at point of sale.
7) Finalise And Train Your Team
Once your warranty template is set, train your customer support and sales teams on how to apply it. Provide internal scripts and FAQs so they can respond consistently and in line with the ACL.
Example Structure You Can Adapt
The precise language should be tailored to your business, but a simple layout like this works well:
- Heading (e.g. “Our Warranty Against Defects”)
- What’s Covered (scope of goods/services and defects)
- Warranty Periods (e.g. parts vs. labour)
- Remedies (repair, replacement, re-supply, refund, at our option where allowed)
- How To Claim (step-by-step process)
- Costs And Logistics (postage, removal/reinstallation, inspections)
- What’s Not Covered (reasonable exclusions, consistent with ACL)
- Mandatory ACL Wording (for goods and/or services)
- Business Details (name, ABN/ACN, address, contact)
Where Should You Display Your Warranty Terms?
Your warranty terms should be easy for customers to find before and after purchase. Consider:
- A dedicated page on your website, linked from product pages and your footer.
- In your online checkout flow, alongside your Terms of Sale.
- On product packaging inserts or user manuals.
- At point-of-sale via signage or QR code.
- In invoices or confirmation emails as a link to your policy.
If you collect personal information as part of the claims process (names, addresses, photos), make sure your Privacy Policy explains how you handle that data.
Common Mistakes To Avoid With Warranty Templates
Small errors in a warranty template can create big headaches. Here are the issues we see most often.
Skipping The Mandatory ACL Wording
If your warranty is provided to consumers and you omit the required ACL statement, the warranty can be non‑compliant. Include the correct version for goods, services, or both, and make sure it’s prominent.
Using Blanket “No Refunds” Statements
Absolute statements like “no refunds under any circumstance” can be misleading and may breach section 18. You can explain your warranty process and what you typically do, but you can’t remove the ACL consumer guarantees.
Unclear Costs Or Logistics
Disputes often arise around postage, call-outs and removal/reinstallation. State who pays for what, and in which locations. If you reserve a discretion (e.g. “we may cover return shipping where a defect is confirmed”), say so clearly.
Misalignment With Sales Terms
When your warranty conflicts with your Website Terms and Conditions or Terms of Sale, customers get confused and complaints increase. Keep these documents consistent.
Unfair Or Inconsistent Exclusions
Overly broad exclusions or limitations can be unfair. The ACL’s unfair contract terms rules apply to standard form contracts, including many B2C terms. If your template hasn’t been reviewed recently, a quick UCT check can save you from enforceability issues later.
Overpromising In Marketing
Claims made in ads or on product pages become part of the overall promise to the customer. Avoid exaggerated claims about lifespan or coverage that don’t match your written warranty - that can raise issues under section 29 (false representations).
Key Legal Documents To Pair With Your Warranty
Your warranty template shouldn’t sit in isolation. It should integrate with your broader customer-facing documents and policies:
- Terms of Sale: The core sales terms that apply to every transaction (pricing, delivery, risk, payment, returns, liability, governing law).
- Website Terms and Conditions: Sets the rules for using your website or platform, and ties together how policies (including warranty) apply online.
- Privacy Policy: Explains how you collect and use personal information, including data gathered during warranty claims.
- Warranties Against Defects Policy: The dedicated, compliant warranty document that you can link or attach to invoices and product pages.
- Disclaimer: A short, plain-English disclaimer can help set expectations around general information and care/use instructions (ensure it aligns with the ACL and doesn’t try to contract out of consumer guarantees).
Together, these documents reduce ambiguity, make your processes scalable, and help your team handle issues consistently and lawfully.
Key Takeaways
- A warranty template is a promise you make to customers - if you offer one, it must meet the ACL’s content and wording requirements.
- Your warranty sits in addition to consumer guarantees, so avoid “no refunds” or other blanket exclusions that conflict with the ACL.
- Include clear remedies, claim steps, timeline, costs/logistics, contact details, and the mandatory ACL statement for goods and/or services.
- Publish your warranty where customers can see it pre‑purchase and align it with your Terms of Sale and Website Terms and Conditions.
- Watch for unfair terms and misleading statements - issues commonly arise under ACL sections on misleading conduct and false representations.
- A tailored Warranties Against Defects Policy can streamline compliance and reduce disputes from day one.
If you’d like a consultation on setting up a compliant warranty template for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








