5A Guarantee as to delivery

(1)

Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—

(a)

at a time, or within a period, agreed between the supplier and the consumer; or

(b)

if no time or period has been agreed, within a reasonable time.

(2)

Where the delivery of the goods fails to comply with the guarantee under this section, Part 2 gives the consumer a right of redress against the supplier and, in that case, the consumer may,—

(a)

if the failure is of a substantial character, reject the goods under section 18(3); and

(b)

in any case, obtain damages under section 18(4) (other than damages relating to the remedies set out in section 18(2)), whether or not the consumer also rejects the goods.

(3)

For the purposes of this section, the reference in section 20(1)(b) to an agent of the supplier must be treated as including any carrier or other person who undertakes to deliver the goods on behalf of the supplier.

(4)

A consumer’s rights of redress under Part 2 in relation to the guarantee under this section are limited to those specified in subsection (2).

Section 5A: inserted, on 17 June 2014, by section 7 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).