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Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part VI · Rights Against Suppliers in Respect of

44. Failure of substantial character

For the purposes of paragraph 41(1)(b), a failure to comply with a guarantee shall be of a substantial character where—

(a)

the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;

(b)

the goods depart in one or more significant respects from the description by which they were supplied or, where they were supplied by reference to a sample or demonstration model, from the sample or demonstration model;

(c)

the goods are—

(i)

substantially unfit for a purpose for which goods of the type in question are commonly supplied;

(ii)

where subsection 33(1) applies, unfit for a particular purpose made known to the supplier or represented by the supplier to be a purpose for which the goods would be fit, and the goods cannot easily and within a reasonable time be remedied to make them fit for such purpose; or

(d)

the goods are not of acceptable quality within the meaning of section 32 because they are unsafe.

Terms defined in s 3

consumer
Defined · s 3
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
Open s 3
goods
Defined · s 3
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
Open s 3
supplier
Defined · s 3
“supplier” means a person who, in trade— (a) supplies goods to a consumer by transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire or hire-purchase to which that person is a party; or (b) supplies services to a consumer, and includes— (i) where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights; (ii) a financier who has lent money on the security of goods supplied to a consumer, if the whole or any part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods; (iii) a person who, in trade, assigns or procures the assignment of goods to a financier to enable the financier to supply those goods, or goods of that kind, to the consumer; and (iv) a person who, in trade, is acting as agent for another person where that other person is not supplying in trade; *NOTE—This Act has replaced the Companies Act 1965 which came into operation on 31 January 2017–see subsection 620(1)…
Open s 3

Report

Read on from s 45

Part VII

Rights Against Manufacturers in Respect of

Read on from Part VII

Part VIII

Guarantees in Respect of Supply of Services

Read on from Part VIII

Part IX

Rights Against Suppliers in Respect of Guarantees in the Supply of Services

Read on from Part IX

Part X

Read on from Part X

Part XI

The National Consumer Advisory Council

Read on from Part XI

Part XII

The Tribunal for Consumer Claims

Read on from Part XII

Part XIII

Enforcement

Read on from Part XIII

Part XIV

General and Miscellaneous

Read on from Part XIV