Full source list for If something goes wrong with what I've sold, what do I actually owe?
Eight numbered references for /wayfinder/refs/consumer-guarantees-act-supplier:
1. The CGA applies notwithstanding any provision to the contrary in any agreement (section 43(1)). Purporting to contract out of the CGA in a consumer transaction — including by display of a "no refunds", "exchange only", or equivalent notice — is an offence against section 13(i) of the Fair Trading Act 1986 (section 43(4)). The Commerce Commission enforces the FTA s13(i) offence; CGA guarantees themselves are enforced by private action through the Disputes Tribunal or the District Court.
2. Section 43(1) of the CGA: "Subject to this section and to sections 40, 41, and 43A, the provisions of this Act shall have effect notwithstanding any provision to the contrary in any agreement." The Act overrides contractual terms in consumer transactions; the only exceptions are the s40 / s41 / s43A carve-outs and the s43(2) business-purpose contracting-out where all four conditions are met.
3. Section 18 of the CGA sets out the supplier-side remedy structure for goods. Where the failure can be remedied, the supplier must repair the goods, replace them with goods of identical type, or refund the consumer — the supplier chooses, and must remedy within a reasonable time. Where the supplier refuses or fails to remedy within a reasonable time, the consumer can have the failure remedied elsewhere at the supplier's cost, or reject the goods. Where the failure is of substantial character (defined in s21), the consumer chooses — reject the goods and seek a refund or replacement, or keep the goods and claim compensation for any reduction in value.
4. Section 21 of the CGA defines "failure of substantial character" for goods as a failure where: the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; the goods depart in one or more significant respects from their description, sample, or demonstration model; the goods are substantially unfit for a common purpose (or for a particular purpose made known to the supplier under s8); the goods are unsafe; or the goods are not of acceptable quality because they are unsafe.
5. Section 6 of the CGA guarantees that goods supplied to a consumer are of acceptable quality. Section 7 defines acceptable quality as goods that a reasonable consumer fully acquainted with the state and condition of the goods would regard as acceptable, having regard to: the nature of the goods; the price (where relevant); any statements made about them on packaging or labels; any representations made about them by the supplier or manufacturer; and all other relevant circumstances. The factors include fitness for all the purposes for which goods of the type in question are commonly supplied, acceptable appearance and finish, freedom from minor defects, safety, and durability.
6. Section 7(3) of the CGA provides that where defects in goods have been specifically drawn to the consumer's attention before they agreed to the supply, the goods do not fail to comply with the guarantee of acceptable quality by reason only of those defects. Section 7(4) clarifies that defects displayed on goods at the point of sale are treated as specifically drawn to the consumer's attention only to the extent the consumer actually saw them. Generic disclaimers ("all sale items as is") are not specific disclosures within the meaning of s7(3).
7. Services guarantees in Part 4 of the CGA: section 28 (reasonable care and skill — the service is carried out with reasonable care and skill); section 29 (fitness for particular purpose — where the consumer makes a particular purpose or result known, the service and any product of it is reasonably fit for that purpose or result); section 30 (time of completion — where no time is fixed by the contract, the service will be completed within a reasonable time); section 31 (price — where no price is fixed by the contract, the consumer is not liable to pay more than a reasonable price). Remedies for services are in section 32; "substantial character" for services is defined in section 36.
8. Section 43(2) of the CGA permits contracting out of the Act in an agreement provided that: (a) the agreement is in writing; (b) the goods or services are supplied in trade; (c) the goods or services are supplied and acquired in trade; and (d) it is fair and reasonable that the parties are bound by the contracting-out provision. Section 43(2A) lists factors a court must take into account when determining "fair and reasonable", including the subject matter of the agreement, the value of the goods or services, the respective bargaining power of the parties, whether the agreement was take-it-or-leave-it, and whether the parties received legal advice. Section 43A creates a parallel exclusion regime for specified service contracts in particular sectors.