Consumer Guarantees Act 1993

Provisions relating to rejection of goods

20 Loss of right to reject goods

(1)

The right to reject goods conferred by this Act shall not apply if—

(a)

the right is not exercised within a reasonable time within the meaning of subsection (2); or

(b)

the goods have been disposed of by the consumer, or have been lost or destroyed while in the possession of a person other than the supplier or an agent of the supplier; or

(c)

the goods were damaged after delivery to the consumer for reasons not related to their state or condition at the time of supply; or

(d)

the goods have been attached to or incorporated in any real or personal property and they cannot be detached or isolated without damaging them.

(2)

In subsection (1)(a), the term reasonable time means a period from the time of supply of the goods in which it would be reasonable to expect the defect to become apparent having regard to—

(a)

the type of goods:

(b)

the use to which a consumer is likely to put them:

(c)

the length of time for which it is reasonable for them to be used:

(d)

the amount of use to which it is reasonable for them to be put before the defect becomes apparent.

(3)

This section applies notwithstanding section 170 of the Contract and Commercial Law Act 2017.

Compare: Consumer Products Warranties Act 1977 s 20(2), (3) (Saskatchewan)

Section 20(3): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).