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Consumer Guarantees Act 1993

Guarantees in respect of supply of goods

5A: Guarantee as to delivery

You could also call this:

“Goods must be delivered on time or you can ask for help”

When a supplier is responsible for delivering goods to you, or arranging for their delivery, they must make sure you receive the goods at the agreed time or within the agreed period. If you and the supplier haven’t agreed on a specific time or period, the goods should be delivered within a reasonable time.

If the supplier doesn’t meet this guarantee, you have the right to seek a solution from them. If the failure to deliver on time is serious, you can reject the goods. Whether you reject the goods or not, you can also ask for compensation for any losses you’ve experienced because of the late delivery.

It’s important to know that when this section talks about the supplier, it includes any delivery company or person who is delivering the goods for the supplier.

Your rights to seek a solution for late delivery are limited to rejecting the goods (if the problem is serious) and asking for compensation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6159810.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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“Promises sellers make about who owns the things they sell you”

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“Goods you buy should be good enough to use”

Part 1 Guarantees in respect of supply of goods

5AGuarantee as to delivery

  1. Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—

  2. at a time, or within a period, agreed between the supplier and the consumer; or
    1. if no time or period has been agreed, within a reasonable time.

      1. Where the delivery of the goods fails to comply with the guarantee under this section, Part 2 gives the consumer a right of redress against the supplier and, in that case, the consumer may,—

      2. if the failure is of a substantial character, reject the goods under section 18(3); and
        1. in any case, obtain damages under section 18(4) (other than damages relating to the remedies set out in section 18(2)), whether or not the consumer also rejects the goods.

          1. For the purposes of this section, the reference in section 20(1)(b) to an agent of the supplier must be treated as including any carrier or other person who undertakes to deliver the goods on behalf of the supplier.

          2. A consumer’s rights of redress under Part 2 in relation to the guarantee under this section are limited to those specified in subsection (2).

          Notes
          • Section 5A: inserted, on , by section 7 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).