Plain language law

New Zealand law explained for everyone

Consumer Guarantees Act 1993

Guarantees in respect of supply of goods

9: Guarantee that goods comply with description

You could also call this:

“Sellers must make sure what you buy matches how it was described”

When you buy something that is described to you, the seller must make sure that what you get matches that description. This applies even if you choose the item yourself from things that are out for sale or hire. If the item is shown to you as a sample or demonstration model and also described to you, it needs to match both the sample and the description.

If what you buy doesn’t match the description, you have the right to ask the seller to fix the problem. This is explained in more detail in Part 2 of this law. In some cases, you might also be able to ask the maker of the item to fix the problem. This is explained in Part 3 of the law.

There’s one exception to these rules, which is explained in section 41 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312810.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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8: Guarantees as to fitness for particular purpose, or

“Products must work for what you want to use them for”

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10: Guarantee that goods comply with sample, or

“Goods must match the sample or demo you saw when buying”

Part 1 Guarantees in respect of supply of goods

9Guarantee that goods comply with description

  1. Subject to section 41, where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description.

  2. A supply of goods is not prevented from being a supply by description by reason only that, being exposed for sale or hire, they are selected by a consumer.

  3. If the goods are supplied by reference to a sample or demonstration model as well as by description, the guarantees in this section and in section 10 will both apply.

  4. Where the goods fail to comply with the guarantee in this section,—

  5. Part 2 gives the consumer a right of redress against the supplier; and
    1. Part 3 may give the consumer a right of redress against the manufacturer.

      Compare
      • 1908 No 168 s 15
      • 1971 No 147 s 14(2)
      • Trade Practices Act 1974 s 70(2) (Aust)