Consumer Guarantee Act

Question 1

CGA 6

Answer 1

Guarantee as to acceptable quality

1) goods supplied are of acceptable quality
2) when goods fail to comply with this part 2 of this act = right to redress supplier and par 3 of this act may give consumer right to redress against manufacturer

Question 2

CGA 7

Answer 2

Meaning of acceptable quality

1)
a- fit for all purposes for that type of good and
b- acceptable in appearance and finish and
c- free from minor defects and
d- safe
e- durable

Reasonable consumer who is fully aware with the condition and state of good including any hidden defects would regard as acceptable having regard to
f- nature of good
g-price
h- any statements about the goods of packaging or label
i- any representation made about the goods
j- all other relevant circumstances of supply of goods

2- any defects have been specifically drawn to consumers attention before supply, goods will not fail to comply with the guarantee

3- goods display for sale or hire the defects should be drawn to consumers attention and are disclosed on a written notice displayed with goods

4- goods will not fail to comply with guarantee goods used in a manner that is inconsistent with a reasonable consumer

Question 3

CGA 8

Answer 3

Guarantees to fitness for a particular purpose

1) guarantees apply where goods supplied
a- are reasonable fit for any particular purpose that consumer makes known to supplier
b- For purpose for which supplier says that they are fit or will be fit

2) Guarantees do not apply where
a- consumer does not rely on suppliers skills or judgement
b- unreasonable to rely on suppliers skills or judgement

3) This section applies whether or not the purpose is a purpose for which the goods commonly supplied
4) Part 2 - right to redress supplier if failure of this guarantee

Question 4

CGA 9

Answer 4

Guarantee that goods comply with description

1- goods match description
2- supply of goods is not prevented from supply by description if on sale or hire
3- reference to a sample or demonstration model this section and section 10 will apply
4- goods fail to comply right to redress supplier (Pt2) and manufacturer (Pt3)

Question 5

CGA 10

Answer 5

Guarantee that goods comply with sample

1- where goods are supplied by referring to a sample or demonstration model
a- goods match sample or demonstration model
b- have enough opportunity to compare

2- if supplied with reference to sample it must match description section 9 as well as this act

3- right to redress supplier if fail to comply

Question 6

CGA 11

Answer 6

Guarantee as to price

1) consumer is not liable to pay the supplier more than a reasonable price for goods in any case where it is price is not
a-determined by contract
b- left to be determined in a manner agreed by the contract
c- left to be determined by course of dealing between parties

2- failure to comply with this, consumer has the right to refuse to pay more than the reasonable price

3-No other right to redress in Part 2

Question 7

CGA 16

Answer 7

Circumstances where consumers have the right to redress supplier

Consumers have the right to redress supplier where goods fail to comply with section 5- 10 of this Act

Question 8

CGA 17

Answer 8

Exception in respect of guarantee as to acceptable quality

Manufacturer or agent of manufacturer makes a representation in respect of goods and the goods have complied with guarantee of acceptable quality if that representation had not been made there shall be no right to redress supplier under this act in respect of failure to comply with guarantee of acceptable quality

Question 9

CGA 18

Answer 9

Options against suppliers where goods do not comply with guarantee

1) Consumer has the right to redress supplier if goods fail to comply guarantees using the following remedies

2)
a- require the supplier to remedy failure within reasonable time
b- if supplier refuses or neglects to remedy failure within a reasonable time then supplier should have it remedied elsewhere and obtain all costs incurred for having product remedied or reject goods according to section 22

3) If goods cannot be remedied or is of substantial character consumer may
a- reject goods
b-obtain from supplier damages in compensation for any reduction in value of goods below price paid

4) consumer may obtain from supplier damages for any loss of damage to consumer resulting in failure which was reasonable foreseeable as liable to result from failure

Question 10

CGA 19

Answer 10

Requirement to remedy

1) Remedy failure by
a- repairing the goods or curing any defect
b-replacing goods with identical type
c- if cannot reasonable be expected to repair goods provide a refund of money paid or other consideration provided by consumer

2- replacement of goods received shall comply with this act

3- refund = money paid or the value of any other consideration provided

Question 11

CGA 20

Answer 11

Loss of right to reject goods

1)
a- right not exercised within a reasonable time
b- goods disposed / lost / destroyed while in possession of any other person other than supplier
c- damaged after delivery to consumer
d- attached or incorporated in any real or personal property and they cannot be detached or isolated without damaging them

2) reasonable time = period from time of supply in which it would be reasonable to expect defect to be identified in regard to
a- type of good
b-use
c- length of time for them to be used
d- amount of use before defect becomes apparent

Question 12

CGA 21

Answer 12

Failure of substantial character

where-
a- goods would not have been taken by a reasonable consumer who is fully acquainted with the nature and extent of the failure

b- does not meet one or more significant description by which they were supplied or supplied by reference of sample

c- unfit for purpose of type of goods in question or where section 8 (1) applies or represented by supplier to be a purpose and cannot be remedied easily and within a reasonable time to make them fit for purpose

d- unacceptable quality because they are not safe

Question 13

CGA 22

Answer 13

Manner of rejecting goods

1) Notify supply of decision to reject goods and reason for rejection

2) if decide to reject goods consumer shall return rejected item to supplier unless:
a-because of nature of the failure to comply with guarantee
b-size / height/ method of attachment

3) Ownership changes from consumer to supplier of good after exercising right of rejection

Question 14

CGA 23

Answer 14

Consumers option of refund or replacement

1) may either choose
a- a refund of money
b- replacement of goods of the same type, where it is reasonably available as part of stock

2) Refund = cash of money paid or value of any other consideration
3) The obligation of refund cannot be satisfied by allowing consumer to acquire goods from supplier
4) replacement good shall comply with all guarantees within this act

Question 15

CGA 24

Answer 15

Right of donees

Rights of this act shall apply to person who received goods as gift from consumer who brought the goods

Question 16

CGA Part 3

Answer 16

Right to redress manufacturer in respect of supply of goods

Question 17

CGA 25

Answer 17

Circumstances where consumers have right of redress against manufacturers

where
a- goods fail to comply with acceptable quality in section 6
b- goods fail to comply with guarantee in section 9 failure to match description applied to goods
c- goods fail to comply with section 12 repairs
d- goods fail to comply with any guarantee expressed by manufacturer according to section 14

Question 18

CGA 26

Answer 18

Exception to right of redress against manufacturer

No right to redress against the manufacturer under this Act in respect of goods which

a- fail to comply with guarantee of acceptable quality only because of
i-act or default or omission of any representation by any other person other than manufacturer
ii-A cause independent of human control, occurring after the goods have left the control of manufacturer
iii- priced charged by supplier being higher than manufacturers recommended retail price or average retail price

b-fail to correspond with description because of
i- act or default or omission of person other than manufacturer
ii- A cause independent of human control, occurring after the goods have left the control of manufacturer

Question 19

CGA 27

Answer 19

Options against manufacturers where goods do not comply with guarantees

1) Where a consumer has a right to redress against manufacturer or an person who acquires goods from or through consumer may obtain damages from manufacturer

a- for any reduction in the value of goods resulting from failure
i-below price paid or payable by the consumer for goods
ii- below average retail price of goods at time of supply
whichever price is lower

b- for any loss or damage to consumer or other person from failure which was reasonably forseeable as liable to result from failure

2) where the consumer is entitled by an express guarantee given by manufacturer to require the manufacturer to fix failure by
a- repair
b-replace with identical type’

No action is needed by 1(a) unless person who required manufacturer to remedy the failure and the manufacturer has either neglected or refused or not succeeded within a reasonable time

3) This section shall not apply unless person who acquires goods fits under the definition of consumer

Question 20

CGA 28

Answer 20

Guarantee as to reasonable care and skill

Service will be provided with reasonable care and skill

Question 21

CGA 29

Answer 21

Guarantee as to fitness for particular purpose

Services supplied to consumer there is a guarantee that the service or any product resulting from service will be

a- reasonably fit for any particular purpose

b- of such nature and quality that can reasonably be expected to achieve a particular result

Consumer makes known to supplier the particular purpose for which the service is required or result desired to achieve before or at the time of contract except where circumstances show that

c- consumer does not rely on suppliers skills or judgement

d-unreasonable to rely on suppliers skill or judegment

Question 22

CGA 32

Answer 22

Options of consumers where services do not comply with guarantee of 28-30

the consumer may
a- where remedy can be remedied
i-require supplier to remedy it within a reasonable time
ii- supplier refuses or neglects to remedy or does not succeed in doing so within a reasonable time
A- have failure remedied elsewhere an recover from supplier all reasonable costs incurred in having failure remedied
B- Cancel contract for supply of service

b-failure cannot be remedied
i-cancel service contract between supplier and consumer
ii-obtain damages from supplier in compensation for reduction in value of service below charge paid or payable by consumer

c- in addition to above remedies obtain from supplier damages for any loss or damage to consumer resulting from failure which was reasonably foreseeable as liable to result of failure

Question 23

CGA 33

Answer 23

Exceptions to right of redress against supplier in relation to services

No right to redress only because of

a- an act or default or omission or any representation made by any person other than supplier or agent of supplier

b- A cause independent of human control

Question 24

CGA 36

Answer 24

Failure of substantial character

where

a- services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure

b- service is substantially unfit for a purpose for which services of the type in question are commonly supplied and product cannot easily be remedied within a reasonable time to make it fit for purpose

c- service is unfit for a particular purpose or is of such nature and quality that the product of service cannot be expected to achieve any particular result, made known to supplier and product cannot easily be remedied within a reasonable time to make it fit got a particular purpose or to achieve a particular result

d-product of the service is unsafe