What Are Your Right When A Company Sells You Faulty Goods
Let the buyer beware is an old saying which for the most part still rings true. Before you buy any product or service you should thoroughly research the product, the supplier and manufacturer to see if it will meet your own personal or business requirements. Yet unfortunately people still buy goods or services which do not perform as they were advertised. The good news is that there are many protections under the law in New Zealand for when a consumer is sold a product or service.
While a company may have its own guarantee, warranty, and return policy they are still required to provide a retail service or merchantable goods in accordance with the Consumer Guarantees Act. In short, a supplier has to comply with the law despite what their own guarantee might say.
Before making a purchase it is incumbent on the consumer to read the agreement prior to making a purchase especially if you are taking out a finance agreement. You do have certain rights under the Consumer Guarantees Act – they are laid out here – and companies should make good on their promises.
If you have bought faulty goods that are not fit for purpose, then the first step is to take it back to the retailer and ask for a refund. You need to be able to show that he product is faulty and not been damaged by you. Most retailers will be happy to make a refund or exchange the item for another one. Some may offer a credit note which you can use against a purchase of some other products from them.
The choice of action is dependent upon the extent of the problem. If it is a minor fault, then the retailer can decide upon the remedy. This can be summed up as the 3 Rs – repairing the fault, replacing the item or giving a refund.
If the fault is more serious then the consumer can decide on the solution, again summed up by 3Rs but different Rs. They can reject the goods which is in effect returning them and getting the money back, replace them with a similar product or reduce the price to reflect the damage.
These rights are clear but from time to time, a retailer will try to argue against hem or force a consumer into an alternative course of action. In this case you can talk to the Citizens Advice Bureau who will verify your rights but ultimately you might need to take some legal action.
For this you need to meet a lawyer in Auckland for help with faulty goods in the area of consumer rights. Often these legal professionals will be labelled as dispute resolution lawyers. In Auckland, there are numerous law firms who provide this legal advice but one you can try is McVeagh Fleming and Partners.
If you have been sold faulty goods in most cases a business will try to make good on your claim, but sometimes there are companies who try to cheat their customers. You have rights so contact a lawyer who will be able to help.