Consumer Guarantees Act 1993

Remedies

18 Options against suppliers where goods do not comply with guarantees

(1)

Where a consumer has a right of redress against the supplier in accordance with this Part in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies.

(2)

Where the failure can be remedied, the consumer may—

(a)

require the supplier to remedy the failure within a reasonable time in accordance with section 19:

(b)

where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—

(i)

have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

(ii)

subject to section 20, reject the goods in accordance with section 22.

(3)

Where the failure cannot be remedied or is of a substantial character within the meaning of section 21, the consumer may—

(a)

subject to section 20, reject the goods in accordance with section 22; or

(b)

obtain from the supplier damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods.

(4)

In addition to the remedies set out in subsection (2) and subsection (3), the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.

Compare: Consumer Products Warranties Act 1977 s 20(1) (Saskatchewan)