Your Rights Under
Australian Consumer Law
This page explains the statutory rights you have under the Australian Consumer Law (ACL) and their relationship to the optional TOTO Prime Service service contract. Please read this before purchasing.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. TOTO Prime Service is an optional, additional service contract. It does not alter or affect these rights.
Automatic Consumer Guarantees
Under the Australian Consumer Law, when you buy goods from a business, those goods automatically come with consumer guarantees. These are legal rights, not a manufacturer's warranty, and they cannot be excluded, restricted, or modified by any contract, including a service plan or extended warranty.
For TOTO bathroom products, the following consumer guarantees apply:
Products must be safe, durable, free from defects, and fit for all purposes for which goods of that kind are commonly supplied.
If you told the seller what you needed the product for before buying, it must be reasonably fit for that specific purpose.
Goods must match any description given in advertising, product listings, packaging, or verbal representation at point of sale.
If goods were sold by reference to a sample or demonstration model, the goods supplied must correspond to that sample.
For a major failure: you choose between a refund, replacement, or repair. For a minor failure: the supplier may repair within a reasonable time or offer a replacement or refund.
You may also be entitled to compensation for any other reasonably foreseeable loss or damage caused by the failure of goods to meet a consumer guarantee.
Consumer Guarantees for Services
Consumer guarantees also apply to the Prime Service service itself. Services must be provided with due care and skill, be reasonably fit for a purpose or result made known to the provider, and be supplied within a reasonable time where no timeframe has been agreed. These rights apply independently of the plan's additional benefits.
See the ACCC explanation of consumer guarantees for services and the combined goods-and-services statement on this page.
Major vs. Minor Failures
The ACL distinguishes between major and minor failures: your remedies depend on which applies.
A major failure occurs when:
A reasonable person would not have bought the product if they had known about the problem; the product is significantly different from description or sample; the product is substantially unfit for its purpose and cannot easily be made fit within a reasonable time; or the product creates an unsafe situation.
If the failure is major: you have the right to return the goods and choose a full refund or a replacement of the same type. The seller cannot insist on repair as the only remedy for a major failure.
If the failure is minor: the seller may choose to repair the product rather than replace or refund. However, if the repair is not completed within a reasonable time, you may request a replacement or refund.
How ACL Rights Relate to TOTO Prime Service
TOTO Prime Service is a voluntary, paid service contract administered by B&H Investment Group. It provides additional coverage beyond what is legally required, covering labour costs in Year 3, extending service access through Years 4–6, and providing value-added services like priority scheduling and remote diagnosis.
Purchasing TOTO Prime Service does not affect your ACL rights in any way. Your statutory consumer guarantees remain fully intact regardless of whether you hold a Prime Service plan. Equally, you do not need to hold a Prime Service plan in order to exercise your rights under the ACL.
| Aspect | ACL Consumer Guarantee | TOTO Prime Service |
|---|---|---|
| Legal basis | Competition and Consumer Act 2010 | Optional service contract |
| Cost to you | Free, automatic | One-time fee ($199–$2,999) |
| Can be excluded? | No, cannot be waived | Optional, your choice to purchase |
| Duration | Reasonable period for the product type | 3-year extension (to 6 years total) |
| Covers | Defects, safety failures, misrepresentation | Parts, labour, Year 3 bridge, priority service |
| Claim handler | The selling retailer must provide an applicable ACL goods remedy and cannot require you to deal only with the manufacturer. Separate rights against a manufacturer may also apply. | B&H Investment Group |
| Required to make a claim? | No, you already have this right | Must hold a current Prime Service plan |
| 30-day cooling off | N/A | Yes, full refund if no claim resolved |
How to Make a Claim
You have two independent paths to pursue a remedy, and you may use both. An ACL claim and a Prime Service claim are processed separately.
ACL Consumer Guarantee Claim
- Contact the retailer where you purchased the TOTO product
- Describe the defect or failure clearly. A receipt is helpful but not always required
- State that you are exercising your rights under the Australian Consumer Law
- For a major failure: request your preferred remedy (refund, replacement, or repair)
- For an individual dispute, contact your state consumer protection agency or the applicable tribunal. The ACCC accepts reports and provides information; it does not resolve individual disputes.
Consumer Affairs Victoria: 1300 558 181
TOTO Prime Service Claim
- Visit prime.bandh.com.au, or ask your authorised dealer to lodge the claim for you
- Provide your Prime Service plan number and serial number
- Describe the fault. Your invoice is retrieved automatically
- You will receive a Claim ID and be contacted within your plan's response window
- A video or phone diagnostic may be conducted; technician dispatched if hardware fault confirmed
Email: primeservice@bandh.com.au
Hours: Mon–Fri 10am–6pm AEST
Your Protection Against Misleading Conduct
Under the ACL, it is unlawful for a seller or dealer to:
Misrepresent statutory rights: Telling a consumer that they need to purchase an extended warranty to be covered, or that their rights under the ACL are limited to the manufacturer's warranty period.
Unconscionable conduct: Using undue pressure, unfair tactics, or exploiting vulnerability to sell extended warranty products.
False representations: Suggesting that an extended warranty replaces or supersedes ACL rights, or that ACL claims will not be accepted without an extended warranty.
Requiring extended warranty purchase as a condition of sale: Extended warranties are always voluntary. A consumer cannot be required to purchase one in order to buy the primary product or to access ACL remedies.
If you believe a TOTO authorised dealer has engaged in any of the above conduct, please contact B&H Investment Group directly at primeservice@bandh.com.au or report the conduct to the ACCC.
Further Information
For detailed information about your rights under the Australian Consumer Law, we recommend the following official resources:
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
TOTO Prime Service is an optional service contract offered by B&H Investment Group Pty Ltd (ABN 75 138 061 346). The benefits it provides are in addition to, and do not replace, the rights and remedies available to you under the Australian Consumer Law. Purchasing TOTO Prime Service is not a condition of buying TOTO products, exercising ACL rights, or making a claim under the standard TOTO manufacturer warranty.
TOTO Prime Service is not an insurance product. It is a service contract administered directly by B&H Investment Group. It does not involve an insurer.