New Zealand Legislation: Acts

9 Guarantee that goods comply with description

• (1) Subject to section 41 of this Act, where goods are supplied by description to a consumer, there is a guarantee that the goods correspond with the description.

  (2) A supply of goods is not prevented from being a supply by description by reason only that, being exposed for sale or hire, they are selected by a consumer.

  (3) If the goods are supplied by reference to a sample or demonstration model as well as by description, the guarantees in this section and in section 10 of this Act will both apply.

  (4) Where the goods fail to comply with the guarantee in this section,—

  • (a) Part 2 of this Act gives the consumer a right of redress against the supplier; and

  • (b) Part 3 of this Act may give the consumer a right of redress against the manufacturer.

  Compare: 1908 No 168 s 15; 1971 No 147 s 14(2); Trade Practices Act 1974, s 70(2) (Australia)