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When goods or services do not meet a consumer guarantee

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When you have a problem with goods or a service, the type of ´remedy´ you can ask for depends on whether the problem is classed as either a minor or major failure.

For goods, if the problem is major, you can:

reject the goods and get a refund or
reject the goods and get an identical replacement, or one of similar value if reasonably available or
keep the goods and claim compensation for the drop in value caused by the problem.

For services, if the problem is major, you can:

cancel the service contract with the business and claim a refund or
keep the contract and claim compensation for the difference in the service delivered and what was paid for.

For a major failure, you get to choose which option to take, not the business.

For goods, if the problem is minor, the business can:

provide a refund
replace the goods
fix the title to the goods, if this is the problem
repair the goods.

For services, if the problem is minor, the business can fix the problem:

free-of-charge
within a reasonable time.

The time you have to reject the good or service is however long it would reasonably be expected to last.

What qualifies as a major failure?

A major problem with goods is when:

you would not have bought the goods if you had known about the problem. For example, you wouldn´t buy a washing machine if you knew the motor was going to burn out after three months
the goods are significantly different from the description, sample or demonstration model shown to you. For example, you order a red bicycle from a catalogue, but the bicycle delivered is green
the goods are substantially unfit for their normal purpose and cannot easily be made fit, within a reasonable time. For example, a ski jacket is not waterproof because it is made from the wrong material
the goods are substantially unfit for a purpose that you told the supplier about and cannot easily be made fit within a reasonable time. For example, a car is not powerful enough to tow your boat because its engine is too small, despite you telling the dealer that you needed the car to tow a boat
the goods are unsafe. For example, an electric blanket has faulty wiring.

A major problem with services is when:

you would not have acquired the services if you had known the nature and extent of the problem. For example, you would not have a jacket dry-cleaned if you knew the dye would run
the services are substantially unfit for their normal purpose and cannot easily be made fit, within a reasonable time. For example, a carpet-cleaning service changes the colour of your carpet in some places
you told the business that you wanted a specific result but the services, and any resulting product, do not achieve that result
you told the business that you wanted their service for a specific purpose but the services, and any resulting product, do not achieve that purpose. For example, you tell a pay TV company that you´re signing up specifically to watch the football finals and they sign you up to a contract, but the finals are over before the company installs the service
the supply of the services has created an unsafe situation. For example, an electrician incorrectly wires wall sockets in your new kitchen, which makes the electrical outlets unsafe.

A minor problem with goods or services is anything that is not classed as major.

Last reviewed 11/04/2013