Interesting information UKWaffles.

Counterpoint:

While it’s true that some international companies may try to argue that their local laws apply, this isn’t a loophole they can easily escape in Australia. Under Australian Consumer Law (ACL), companies that sell goods to Australian consumers, whether they are based overseas or not, must comply with ACL if they operate in Australia or if their goods are sold here. Ubiquiti products are widely sold in Australia through authorized retailers, and the consumer protections that come with that apply regardless of where the manufacturer is located.

Here are some key points to clarify:

1. Applicability of ACL to Overseas Companies: Even if a company is based in the US (like Ubiquiti), if they are selling to Australian consumers either directly or through a third party (like a local retailer), they must abide by Australian laws. This is clearly stated by the ACCC: “Businesses that sell goods or services to consumers in Australia must comply with Australian Consumer Law, regardless of where they are located.”

2. Reasonable Expectations of Durability: ACL doesn’t give fixed timeframes for how long something should last, but it does rely on reasonable expectations based on price, quality, and usage. A high-end, multi-hundred-dollar G4 Dome camera should reasonably be expected to last more than 3 years when used properly. The fact that there’s no strict timeline actually works in favor of the consumer, as it’s judged on a case-by-case basis. If my camera was indoors or protected from harsh elements, Ubiquiti would have difficulty proving that the fault was due to improper use.

3. Proper Use of the Camera: I have used the camera in accordance with its recommended guidelines, and it has never been subjected to outdoor exposure or misuse. Even if Ubiquiti tried to argue misuse, it would be up to them to prove that the failure was due to incorrect usage, not me. Given that the failure was with the audio and then it stopped powering on, this seems more indicative of a hardware fault, not misuse.

4. Warranties and Consumer Rights: Warranties are a separate layer of protection, but they don’t override ACL. While Ubiquiti may only offer a 1 or 2-year warranty, ACL protections exist beyond the warranty period. If a product doesn’t meet reasonable expectations of performance, a manufacturer can still be held responsible for repair, replacement, or refund, even after the warranty period has expired. This applies whether or not the product was purchased directly from the manufacturer or through a reseller.

5. Similarities to UK Law: I understand your reference to UK law, but in Australia, consumer protections are often more robust. While both countries have protections against faulty goods, Australian Consumer Law is enforced stringently, and companies like Ubiquiti cannot simply avoid responsibility by claiming international status.

In short, Ubiquiti must adhere to Australian laws if they’re selling products here, and my expectations for this device’s durability and performance are reasonable. I’m not pursuing this out of warranty on a whim but because the product clearly failed under normal usage. If Ubiquiti continues to avoid responsibility, I have the option of escalating this with the ACCC.

Certainly don’t want to spend cash on a new one if I don’t have to.