New Zealand Legislation: Acts

19 Requirement to remedy

• (1) A supplier may comply with a requirement to remedy a failure of any goods to comply with a guarantee—

  • (a) By—

    • (i) Repairing the goods (in any case where the failure does not relate to title); or

    • (ii) Curing any defect in title (in any case where the failure relates to title); or

  • (b) By replacing the goods with goods of identical type; or

  • (c) Where the supplier cannot reasonably be expected to repair the goods, by providing a refund of any money paid or other consideration provided by the consumer in respect of the goods.

  (2) Where a consumer obtains goods to replace defective goods pursuant to subsection (1) of this section, the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.

  (3) A refund referred to in subsection (1)(c) of this section means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.