Published: Tue, Dec 1st, 2009

Consumer Guarantees Update

Can a consumer take it upon themselves to arrange for the repair of defective goods and then claim the full cost back from the supplier or, must the consumer first give the supplier an opportunity to provide a remedy?

A 2008 High Court decision provides the answer – the consumer must first afford the opportunity to the supplier to remedy the defect. This is in line with the general policy of the Act that the suppliers of goods are liable to provide remedies as they, and not the consumers, should bear the risk of defective goods.

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