Consumer Guarantees act states that:
1. First option is to require the supplier to remedy the breach within a reasonable time (s18(2)(a))
If the failure is substantial and capable of being remedied, the consumer has a choice as to which remedy to pursue independent of the supplier’s actions (Stephens v Chevorn Motor Court)
- Supplier is obliged to provide the consumer with sufficient information to allow an informed choice of remedy (Cooper v Ashley & Johnson Motors)
Customer may not deprive the supplier of his opportunity to remedy breaches (Coleman and Wachniak v Saskatoon Car Town, Sauve v AAAA Sunderland Holdings)
Remedial options: (s19(1))
a. Repair the goods (s19(1)(a)(i))
b. Cure any defect in the title (s19(1)(a)(ii))
c. Replace the goods with goods of an identical type (s19(1)(b))
- Replacement goods are subject to the CGA guarantees (s19(2))
d. If it is unreasonable to expect the goods to be repaired, refund any money paid or other consideration (s19(1)(c))
- Refund must be in cash (s19(3))
If the breach isn’t remedied within a reasonable time, the consumer may either:
a. Have the breach remedied elsewhere and pass any costs on to the supplier or (s18(2)(b)(i))
b. Reject the goods (s18(2)(b)(ii))
Edit: This is a no-judgement post, it is merely a help to wobblyas to read about his rights.
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