The Consumer Guarantees
The Consumer Guarantees Act is a cornerstone piece of legislation. Its role is to protect consumers. Under the Act, your consumer rights are expressed as a series of "guarantees" that a seller automatically makes to you when you buy any goods or services ordinarily purchased for personal use.In this guide, we explain what those rights are, and what to do if you think your rights have been breached. The Consumer Guarantees Act 1993
A Summary
Introduction:
The Act came into force on 1 April 1994 and does not apply to any contract for the supply of goods or services made before this date (Section 56). It is a significant piece of legislation and is aimed at imposing guarantees in contracts for the supply of goods and the performance of services for the consumers benefit. It provides a right of redress against suppliers and manufacturers in respect of any failure of the goods or services to comply with the guarantees.
Definitions:
Certain terms are defined in the Act itself (Section 2). These definitions are important in determining in what circumstances the Act will or will not apply. The Act defines “Goods”, “Service”, “Supplier”, “Manufacturer”, “trade”, and other terms. The key definition in the Act is “Consumer”. This is defined to mean a person who:-
(a) Acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
(b) Does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of:-
(i) Re-supplying them in trade; or
(ii) Consuming them in the course of a process of production or manufacture; or
(iii) In the case of goods, repairing or treating in trade other goods or fixtures on land.”
The definition of “Consumer” is unusual and difficult. The focus is the ordinary use for which goods or services are acquired rather than the use intended by the acquiring purchaser. By way of example a contract
A Summary
Introduction:
The Act came into force on 1 April 1994 and does not apply to any contract for the supply of goods or services made before this date (Section 56). It is a significant piece of legislation and is aimed at imposing guarantees in contracts for the supply of goods and the performance of services for the consumers benefit. It provides a right of redress against suppliers and manufacturers in respect of any failure of the goods or services to comply with the guarantees.
Definitions:
Certain terms are defined in the Act itself (Section 2). These definitions are important in determining in what circumstances the Act will or will not apply. The Act defines “Goods”, “Service”, “Supplier”, “Manufacturer”, “trade”, and other terms. The key definition in the Act is “Consumer”. This is defined to mean a person who:-
(a) Acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
(b) Does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of:-
(i) Re-supplying them in trade; or
(ii) Consuming them in the course of a process of production or manufacture; or
(iii) In the case of goods, repairing or treating in trade other goods or fixtures on land.”
The definition of “Consumer” is unusual and difficult. The focus is the ordinary use for which goods or services are acquired rather than the use intended by the acquiring purchaser. By way of example a contract