Statutory Guarantees Under the Competition and Consumer Act: A Can of Worms - Part 2

• Statutory Guarantees Under the Competition and Consumer Act: A Can of Worms - Part 1

8. What rights does a consumer have when services fail to comply with a consumer guarantee?

Where a supplier supplies services to a consumer in trade or commerce to which a consumer guarantee applies and there is a breach of an applicable consumer guarantee, the following remedies are available.

(a) A failure which is not a major failure

Under section 267 (2) of the ACL, the consumer may require the supplier to remedy the failure within a reasonable time. If the supplier refuses or fails to comply with this requirement within a reasonable time, the consumer may:

• have the failure remedied by someone else, and, by action against the supplier, recover all reasonable costs incurred by the consumer in having the failure so remedied; or