business law

CONSUMER GUARANTEES ACT - CGA 1993

Remedies

Is the Breach Substantial (i.e., can it be remedied)?

GOODS

s 18(2) Can be remedied (i.e. breach not so serious or substantial)

s 18(3) Cannot be remedied (i.e. breach substantial or serious)

Supplier’s Choice – s 19

Consumer’s Choice – s 18

s 19(1)(a) – Repair good

s 19(1)(b) – Replace good

s 19(1)(c) – Refund (where supplier cannot reasonably

be expected to repair the good)

To be done within reasonable time – otherwise consumer may have it repaired elsewhere and claim reasonable costs s 18(2)

s 18(4) – Consequential Loss

s 18(3)(a) – Reject the good

s 18(3)(b) – Compensation for loss in value

s 18(4) – Consequential Loss

s 23(1)(a) Cash Refund

s 23(1)(b) Replace Goods

No contracting out of the Act – s 43(1)

Do not have to accept credit note