Consumer Guarantees Act
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Consumer Guarantees Act
The Consumer Guarantees Act (CGA) 1993 is a consumer protection law that was enacted in New Zealand in 1993. Consumer protections were previously in the Sale of Goods Act 1908. Differences over the Sales of Goods Act One of the CGA's biggest changes was that it extended protection to consumers for the supply of services. Another change was that the CGA explicitly outlawed a merchant from contracting out of the CGA, such as having a "no refunds" or "no returns" displayed. Guarantees for goods The CGA gives guarantees to free title, quality, fitness for purpose and price of consumer goods. The goods must also comply with description and with sample. If a good is faulty, the Act gives the retailer a reasonable time to either fix or replace the goods, otherwise the consumer has the right to reject the goods, cancel the contract, and obtain a full refund from the retailer. The legislation has now been amended to include online purchases from traders, including auction webs ...
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Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Sale Of Goods Act 1908
The Sale of Goods Act 1908 was an Act of Parliament passed in New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ... that was repealed by the Contract and Commercial Law Act 2017. The coverage of consumer goods is now covered by the Consumer Guarantees Act 1993. References {{Reflist External linksText of the Act Statutes of New Zealand New Zealand business law Repealed New Zealand legislation ...
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Fault (technology)
In document ISO 10303-226, a fault is defined as an abnormal condition or defect at the component, equipment, or sub-system level which may lead to a failure. In telecommunications, according to the Federal Standard 1037C of the United States, the term ''fault'' has the following meanings: #An accidental condition that causes a functional unit to fail to perform its required function. See . #A defect that causes a reproducible or catastrophic malfunction. A malfunction is considered reproducible if it occurs consistently under the same circumstances. See . # In power systems, an unintentional short circuit, or partial short circuit, between energized conductors or between an energized conductor and ground. A distinction can be made between symmetric and asymmetric faults. See Fault (power engineering). Random fault A random fault is a fault that occurs as a result of wear or other deterioration. Whereas the time of a particular occurrence of such a fault cannot be determine ...
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Retail
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesaler, and then sells in smaller quantities to consumers for a profit. Retailers are the final link in the supply chain from producers to consumers. Retail markets and shops have a very ancient history, dating back to antiquity. Some of the earliest retailers were itinerant peddlers. Over the centuries, retail shops were transformed from little more than "rude booths" to the sophisticated shopping malls of the modern era. In the digital age, an increasing number of retailers are seeking to reach broader markets by selling through multiple channels, including both bricks and mortar and online retailing. Digital technologies are also affecting the way that consumers pay for goods and services. Retailing support services may also include the provision ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ...
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TradeMe
Trade Me is New Zealand's largest online auction and classifieds website. Managed by Trade Me Ltd., the site was founded in 1999 by New Zealand entrepreneur Sam Morgan (entrepreneur), Sam Morgan, who sold it to John Fairfax Holdings, Fairfax in 2006 for NZ$700 million. Trade Me was publicly listed as a separate entity on 13 December 2011 under the ticker "TME". In May 2019, Trade Me was acquired by private equity firm Apax Partners for NZ$2.56 billion. Trade Me Ltd also operates several sister websites including FindSomeone and Holiday Houses. , Trade Me's website was the fifth most visited in New Zealand and was ranked 2,711th globally according to Alexa Internet. In a country with a population of million, the Trade Me site has, , 5 million active members. , an average of 690,000 people visit the site each day. Participating traders primarily use New Zealand's banking system to settle payments, although Trade Me offers sellers the ability to accept credit card payments via Tr ...
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Consumer Services
Consumer services refers to the formulation, deformulation, technical consulting and testing of most consumer products, such as food, herbs, beverages, vitamins, pharmaceuticals, cosmetics, hair products, household cleaners, paints, plastics, metals, waxes, coatings, minerals, ceramics, construction materials plus water, indoor air quality testing, non-medical forensic testing and failure analysis. It involves services in a wide variety of fields such as biological, chemical, physical, engineering and Web based services. Web-based consumer services Evolution of Web has changed itself from the information orientation to Service orientation. Every physical service one can think of, has its web counterpart today, be it retail selling, supply chain, customer care, banking, auction and more of b2b, b2c, c2c businesses. Online appointments, online consultation Online consultations or e-consultations refer to an exchange between government and citizens using the Internet. They are o ...
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Finch Motors Ltd V Quin (No 2)
''Finch Motors Ltd v Quin (No 2)'' 9802 NZLR 519 is an important case regarding "merchantable quality" under the Sale of Goods Act 1908 and the Consumer Guarantees Act The Consumer Guarantees Act (CGA) 1993 is a consumer protection law that was enacted in New Zealand in 1993. Consumer protections were previously in the Sale of Goods Act 1908. Differences over the Sales of Goods Act One of the CGA's big ... (1993). Background Finch Motors ran a car sales yard. In response to a car they advertised for sale, the Quins viewed the car with the view of purchasing it. However, as they planned to use the car for towing a heavy boat, they informed the car yard that they wanted "a V8 motor car for pulling a heavy boat". After a brief inspection, and a short test drive, the Quins purchased the car. However, three days later, during their first trip with their car towing their boat, it overheated due to a latent defect with the radiator. They also discovered problems with the ...
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Price V Sports Marine Ltd
Price v Sports Marine Ltd is a cited case in New Zealand regarding liability exclusion clause An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limi ...s which are generally prohibited for non business transactions under section 43 of the Consumer Guarantees Act 1993. Background The Price's owned a 17 ft Searay boat, which they placed with Sports Marine to sell on their behalf. The Price's agreed to a non liability clause with Sports Marine. Whilst the boat was at Sports Marine, one of their staff damaged the boat during the test run, damage which Sports Marine argued that the non liability clause stopped them for being liable. The Prices argued that the CGA makes such clauses unenforceable regarding consumer transactions. Held The clause was a breach of section 32(c) of the CGA ...
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Statutes Of New Zealand
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications ha ...
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