Burden of Proof in Warranty Disputes: Who Shows What?

Quick Answer

Do not rely on a blanket claim that every fault appearing within six months is legally presumed to have existed at delivery. The CPA text gives the Section 56 remedy when goods fail the required quality standards, but it does not state that broad delivery presumption in those words.

In practice, you should show the failure and purchase timing. If the supplier relies on misuse, alteration or impact damage, ask it to show the inspection evidence behind that conclusion.

The burden can shift with the allegation, forum and facts. A clean technical record gives you more leverage than arguing about who must prove everything.

The Consumer Shows the Problem

Start with the invoice, delivery date and exact symptom. Record when the issue began and how it can be reproduced.

For a gaming PC, note the game or workload, settings, temperatures and error message. A video of a repeat crash is useful. A statement that the PC is "broken" gives the technician little to test.

Keep the supplied configuration unchanged. Part swaps and tuning can add competing causes.

The Supplier Explains a Refusal

A supplier may find bent pins, liquid residue, impact damage or unsupported modification. Ask for photographs, test results and the term or CPA basis used.

"User damage" should be a finding, not a placeholder. The evidence should connect the observed damage to the failed function.

If the assessment says the case was opened, ask what inside the case was altered and why it caused or excludes the claim. Access alone does not diagnose a fault.

Independent Evidence Can Break a Deadlock

Do not pay for an outside report before checking the complaint process. Ask whether the supplier will accept an independent assessment and who bears the cost if it confirms a qualifying defect.

When reports conflict, compare methods. One technician may test at idle while another reproduces the crash under GPU load.

Ask both sides to name the software version, settings and duration. A repeatable test can turn two opinions into one result that the complaint handler can examine.

Take the file to the CGSO, National Consumer Commission or appropriate ombud if direct discussion fails. Those bodies can assess the dispute in context.

Browse the gaming PC best-seller list and current best-selling technology before purchase, then save the named configuration you chose.

FAQ

Does the CPA presume every six-month fault existed at delivery?

Do not state that as a blanket rule. CPA Section 56 requires goods to fail the applicable quality standards and gives the remedy within six months.

Can a supplier claim misuse without evidence?

Ask for the inspection findings and connection between the alleged misuse and failure. Escalate a bare refusal through the correct complaint route.

Should you keep your own records?

Yes. Preserve the invoice, original configuration, fault video, support messages and job cards.

Document the repeatable failure and untouched configuration, then require any misuse refusal to identify the physical evidence, test and affected component.