New Zealand Legislation: Acts

26 Exceptions to right of redress against manufacturers

• Notwithstanding section 25, there shall be no right of redress against the manufacturer under this Act in respect of goods which—

  • (a) fail to comply with the guarantee of acceptable quality only because of—

    • (i) an act or default or omission of, or any representation made by, any person other than the manufacturer or a servant or agent of the manufacturer; or

    • (ii) a cause independent of human control, occurring after the goods have left the control of the manufacturer; or

    • (iii) the price charged by the supplier being higher than the manufacturer's recommended retail price or the average retail price:

  • (b) fail to correspond with the guarantee as to correspondence with description because of—

    • (i) an act or default or omission of a person other than the manufacturer or a servant or agent of the manufacturer; or

    • (ii) a cause independent of human control, occurring after the goods have left the control of the manufacturer.