THE RIGHT TO ONLY PAY FOR QUALITY SERVICE AND REPAIRS

Consumers have the right to have services and repairs done “in a manner and quality that a person is generally entitled to expect”, including within good time and with proper notice of “unavoidable” delays. A consumer also has the right to expect their property to be returned in at least as good a condition as before.

Where the service or repair is faulty and not up to standard, the consumer has the choice to either insist that the mistake be fixed or that they be refunded a reasonable part of the price paid (“reasonable” being linked to the extent of the failure).

THE RIGHT TO GOOD QUALITY PRODUCTS AND TO RETURN FAULTY GOODS

Consumers have the right to buy and receive goods that are good quality, in good working order and free of faults, which will last for a reasonable time, and are suitable for their intended purpose – UNLESS the consumer was told of a specific poor condition and knowing this still accepted the goods.

Where the goods do not meet the required standards, a consumer has the right to return the goods within SIX MONTHS of purchase and have them replaced, repaired or get a refund.

If the goods are repaired, and a defect appears within a further 3 months, the supplier must replace or refund. In other words, it cannot go for repairs twice.

WARNINGS OF RISK AND CLAIMS FOR INJURIES OR LOSS CAUSED BY UNSAFE OR DEFECTIVE GOODS

Suppliers are required to inform consumers where goods may pose a risk (as specified in the Act) including one of which a consumer may not be expected to be aware. Packagers of hazardous or unsafe goods must also provide notices including instructions for safe handling and use.

The Consumer Commission has to oversee this so as to reduce the risk of hazardous or defective goods and substances. This oversight role includes investigating and recalling products.

A consumer can claim damages from either the producer, the importer, the distributor or the retailer of a product where the consumer has suffered harm as a result of the supply of unsafe goods, product failure, defect, hazard or failure to give adequate warnings relating to the product. “Harm” includes death, injury, illness or loss of or damage to property. The Act also allows for the consumer to claim for indirect financial loss suffered, for example, loss of income as a result of the injury.