Consumer Guarantees Act 1993

Remedies

27 Options against manufacturers where goods do not comply with guarantees

(1)

Subject to subsection (3), where a consumer has a right of redress against a manufacturer in accordance with this Part, the consumer, or any person who acquires the goods from or through the consumer, may obtain damages from the manufacturer—

(a)

subject to subsection (2), for any reduction in the value of the goods resulting from the failure—

(i)

below the price paid or payable by the consumer for the goods; or

(ii)

below the average retail price of the goods at the time of supply,—

whichever price is lower:

(b)

for any loss or damage to the consumer or that other person resulting from the failure (other than loss or damage through a reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.

(2)

Subject to subsection (3), where the consumer, or any person who acquires the goods from or through the consumer, is entitled by an express guarantee given by the manufacturer to require the manufacturer to remedy the failure by—

(a)

repairing the goods; or

(b)

replacing the goods with goods of identical type,—

no action shall be commenced under subsection (1)(a) unless the consumer or that other person has required the manufacturer to remedy the failure and the manufacturer—

(c)

has either refused or neglected to remedy the failure; or

(d)

has not succeeded in remedying the failure within a reasonable time.

(3)

This section shall not apply to any person who acquires goods from or through a consumer unless that person comes within the terms of paragraph (b) of the definition of consumer in section 2.