Consumer Guarantees Act 1993

23 Consumers’ options of refund or replacement

(1)

Where the consumer exercises the right to reject goods, the consumer may choose to have either—

(a)

a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or

(b)

goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,—

and the supplier shall make provision accordingly.

(2)

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

(3)

The obligation to refund cannot be satisfied by permitting the consumer to acquire goods from the supplier.

(4)

Where a consumer obtains goods to replace rejected goods pursuant to subsection (1)(b), 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.