Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part IX · Rights Against Suppliers in Respect of Guarantees in the Supply of Services
62. Failure of substantial character
Feedback & supportFor the purposes of paragraph 60(1)(b), a failure to comply with a guarantee shall be of a substantial character where—
the product resulting from the services—
product
“product” means any goods and, subject to subsection (2), includes a product which is comprised in another product, whether by virtue of being a component part, raw material or otherwise.
is substantially unfit for a purpose for which services of the type in question are commonly supplied; or
services
“services” includes any rights, benefits, privileges or facilities that are or are to be provided, granted or conferred under any contract but does not include rights, benefits or privileges in the form of the supply of goods or the performance of work under a contract of service;
where subsection 54(1) applies—
is unfit for a particular purpose made known to the supplier; or
supplier
“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)…
of such a nature and quality that the product cannot be expected to achieve a particular result made known to the supplier, and the product cannot easily and within a reasonable time be remedied to make it fit for the particular purpose or to achieve the particular result; or
the product resulting from the services is unsafe.