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Consumer Guarantees Act 1993

Guarantees in respect of supply of goods - General provisions

14: Provisions relating to manufacturers' express guarantees

You could also call this:

“Rules for promises made by companies who make things you buy”

You should know about the rules for manufacturers’ express guarantees on goods. When a manufacturer gives a written guarantee for goods, and this document is given to you by someone who seems to be acting for the manufacturer when you buy the goods, the manufacturer must follow that guarantee.

If you see a written guarantee that looks like it’s from the manufacturer, you can assume it is from them unless someone can prove it’s not. This means you don’t have to worry about whether the guarantee is real or not.

Also, if you get a document with guarantees from the manufacturer when you buy goods, you can assume the manufacturer allowed this document to be given to you, unless someone can prove otherwise. This means you can trust that the guarantees in the document are supported by the manufacturer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312816.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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13: Express guarantees, or

“Promises made by product makers must be kept”

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Part 1 Guarantees in respect of supply of goods
General provisions

14Provisions relating to manufacturers' express guarantees

  1. An express guarantee given by a manufacturer in a document in respect of goods binds the manufacturer where the document is given to a consumer with the actual or apparent authority of the manufacturer in connection with the supply by a supplier of those goods to the consumer.

  2. An express guarantee which is included in a document relating to goods and which appears to have been made by the manufacturer of the goods shall in the absence of proof to the contrary be presumed to have been made by the manufacturer.

  3. Proof that a consumer was given a document containing express guarantees by a manufacturer in respect of goods in connection with the supply of those goods to the consumer shall, in the absence of proof to the contrary, constitute proof that the document was given to the consumer with the authority of the manufacturer.

Compare
  • Trade Practices Act 1974 s 74G (Aust)