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New Zealand law explained for everyone

Consumer Guarantees Act 1993

Guarantees in respect of supply of goods

10: Guarantee that goods comply with sample

You could also call this:

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

When you buy something based on a sample or demonstration model, you have certain guarantees. The goods you receive must match the quality of the sample or demo model. You also have the right to a fair chance to compare the actual goods with the sample.

If you’re buying something that’s shown with a sample and also described to you, you get guarantees for both the sample and the description. This means the item should match both what you saw and what you were told about it.

If the goods don’t meet these guarantees, you have the right to seek help. Part 2 of this law explains how you can get this help from the supplier who sold you the goods.

Remember, these guarantees apply unless section 41 of this law says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312811.

Topics:
Money and consumer rights > Consumer protection
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9: Guarantee that goods comply with description, or

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

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11: Guarantee as to price, or

"A promise that you won't be charged too much when buying something"

Part 1 Guarantees in respect of supply of goods

10Guarantee that goods comply with sample

  1. Subject to section 41, the following guarantees apply where goods are supplied to a consumer by reference to a sample or demonstration model:

  2. that the goods correspond with the sample or demonstration model in quality; and
    1. that the consumer will have a reasonable opportunity to compare the goods with the sample.

      1. If the goods are supplied by reference to a sample or demonstration model as well as by description, the guarantees in this section and section 9 will both apply.

      2. Part 2 gives the consumer a right of redress against the supplier where the goods fail to comply with any guarantee in this section.

      Compare
      • 1908 No 168 s 17
      • 1971 No 147 s 14(1)