Consumer Guarantees Act 1993

Right of redress against manufacturers in respect of supply of goods - Right of redress against manufacturers

26: Exceptions to right of redress against manufacturers

You could also call this:

“When you can't ask the maker to fix a faulty product”

You can’t always claim compensation from a manufacturer if their product doesn’t meet your expectations. There are some situations where the manufacturer isn’t responsible.

If a product doesn’t meet the acceptable quality standard, you can’t ask the manufacturer for compensation if:

Someone else, not the manufacturer or their employees, did something to make the product unsatisfactory.

Something beyond anyone’s control happened to the product after it left the manufacturer.

The shop is selling the product for more than the manufacturer’s suggested price or the usual price in stores.

If a product doesn’t match its description, you can’t ask the manufacturer for compensation if:

Someone else, not the manufacturer or their employees, changed the product so it doesn’t match the description anymore.

Something beyond anyone’s control changed the product after it left the manufacturer.

Remember, these rules only apply to asking the manufacturer for compensation. You might still be able to get help from the shop where you bought the product.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312835.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading

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25: Circumstances where consumers have right of redress against manufacturers, or

“When you can ask the maker of a product to fix problems with it”


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27: Options against manufacturers where goods do not comply with guarantees, or

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

Part 3 Right of redress against manufacturers in respect of supply of goods
Right of redress against manufacturers

26Exceptions to right of redress against manufacturers

  1. Notwithstanding section 25, there shall be no right of redress against the manufacturer under this Act in respect of goods which—

  2. fail to comply with the guarantee of acceptable quality only because of—
    1. an act or default or omission of, or any representation made by, any person other than the manufacturer or a servant or agent of the manufacturer; or
      1. a cause independent of human control, occurring after the goods have left the control of the manufacturer; or
        1. the price charged by the supplier being higher than the manufacturer's recommended retail price or the average retail price:
        2. fail to correspond with the guarantee as to correspondence with description because of—
          1. an act or default or omission of a person other than the manufacturer or a servant or agent of the manufacturer; or
            1. a cause independent of human control, occurring after the goods have left the control of the manufacturer.