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Consumer Guarantees Act 1993

Right of redress against suppliers in respect of supply of goods - Remedies

18: Options against suppliers where goods do not comply with guarantees

You could also call this:

“What you can do if something you bought doesn't work properly”

If you buy something and it doesn’t work the way it should, you have some options to fix the problem. You can ask the seller to fix it within a reasonable time. If they don’t want to fix it, or can’t fix it quickly enough, you can either get someone else to fix it and ask the seller to pay for it, or you can return the item and get your money back.

If the problem with the item can’t be fixed, or if it’s a really big problem, you have two choices. You can either return the item and get your money back, or you can keep the item and ask the seller to pay you some money to make up for the fact that the item isn’t as good as it should be.

You can also ask the seller to pay you for any other losses you’ve had because of the faulty item, as long as those losses were something that could have been expected to happen.

There are some rules about when and how you can return items or ask for money back. These rules are explained in other parts of the law, which you can look at for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312823.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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17: Exception in respect of guarantee as to acceptable quality, or

“When goods are good enough, but someone said something extra that made them seem better”

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19: Requirement to remedy, or

“The seller must fix problems with things you buy”

Part 2 Right of redress against suppliers in respect of supply of goods
Remedies

18Options against suppliers where goods do not comply with guarantees

  1. Where a consumer has a right of redress against the supplier in accordance with this Part in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies.

  2. Where the failure can be remedied, the consumer may—

  3. require the supplier to remedy the failure within a reasonable time in accordance with section 19:
    1. where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—
      1. have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
        1. subject to section 20, reject the goods in accordance with section 22.

        2. Where the failure cannot be remedied or is of a substantial character within the meaning of section 21, the consumer may—

        3. subject to section 20, reject the goods in accordance with section 22; or
          1. obtain from the supplier damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods.

            1. In addition to the remedies set out in subsection (2) and subsection (3), the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.

            Compare
            • Consumer Products Warranties Act 1977 s 20(1) (Saskatchewan)