Consumer guarantee remedies

ENGLISH

The remedy pathway begins by asking whether the failure is major, cannot be remedied, or is non-major and remediable. A consumer cannot choose a major-failure remedy merely because repair is inconvenient; the statutory classification controls who chooses the initial remedy and whether rejection or termination is available.

ENGLISH

For a major or non-remediable failure, the consumer may reject the goods and choose refund or replacement, or keep them and recover the reduction in value, plus reasonably foreseeable consequential loss. For a non-major remediable failure, the supplier first chooses an appropriate remedy within a reasonable time; if it refuses or delays, the consumer may repair and recover reasonable cost or reject when statutory conditions are met.

ENGLISH

For a major or non-remediable service failure, the consumer may terminate and recover the unused portion of the price or retain the contract and recover the reduction in value, together with foreseeable loss. For a non-major failure, the supplier must first be given a reasonable opportunity to remedy; otherwise the consumer may arrange rectification and recover reasonable cost.

ENGLISH

Direct manufacturer claims under ss 271-272 commonly recover reduction in value and reasonably foreseeable loss, including enforcement of express warranties. A supplier may seek statutory indemnity from the manufacturer under s 274. These routes are distinct from supplier remedies and from Pt 3-5 safety-defect compensation.