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Consumer Guarantees Act (NZ)
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 Legislation is the process or result of enrolling, enacting, or promulgating la ...
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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 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. Entities ...
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New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of island countries, sixth-largest island country by area and lies east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The Geography of New Zealand, country's varied topography and sharp mountain peaks, including the Southern Alps (), owe much to tectonic uplift and volcanic eruptions. Capital of New Zealand, 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 subsequently developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ...
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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 () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ... 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. Cases * Donaghy's Rope & Twine Co Ltd v Wright Stephenson & Co 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 engineering, a fault is a defect or problem in a system that causes it to fail or act abnormally. An example of this is the Windows fault screen, commonly referred to as the Blue Screen of Death (BSoD). The system actively monitors kernel-mode components. If the system determines that safe system operation is compromised, the system halts to reduce further damage. The ISO document 10303-226 defines ''fault'' as an abnormal condition or defect at the component, equipment, or sub-system level which may lead to a failure. The United States Glossary of Telecommunication Terms defines ''fault'' for telecommunications as: #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 Electric power, power systems, an unintentional short circuit, or partial short circuit ...
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Retail
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is the 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 long 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 pro ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a 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 or administrative body under the authority of a legislative act. Overview Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions, targeting indirect behaviors, authorizing agency ...
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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 on ...
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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 The Sale of Goods Act 1908 was an Act of Parliament passed in New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and Li ... and the Consumer Guarantees Act (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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Jetz International Ltd V Orams Marine Ltd
Jetz International Ltd v Orams Marine Ltd 999DCR 831 is a cited case in New Zealand confirming that the consumer protections under the Consumer Guarantees Act cover consumer goods owned even if they are owned by a limited liability company, as long as they are used for consumer purposes. Background Jetz was a holding company for the ownership of a launch, and rented a berth at a dry stack marina run by Orams Marine. Problems arose when a former employee broke into the marina, used the gantry crane to retrieve the launch, and took it for a joyride, during which the launch suffered considerable damage. Afterwards, Orams refused to reimburse Jetz for the damage, relying on liability exclusion clause in clause 21 of the rental agreement A rental agreement is a contract of rental, usually written, between the owner of a property and a renter who desires to have temporary possession of the property; it is distinguished from a lease, which is more typically for a fixed term. As ...
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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 Exclusion clauses and limitation clauses are terms in a contract which seek 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 ...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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