Commercial Guarantees – Some Legal Considerations For You
Commercial guarantees are as common as customers purchasing products. A guarantee should be simple and straight forward enough but all too often companies fail to stand behind their guarantee. If one of your suppliers has not fulfilled their obligations as you understand them, then you should talk to an Auckland dispute lawyer to get advice about the guarantee and your rights.
The Consumer Guarantees Act of 1993 grants certain rights to consumers for both goods and services. The requirements are quite explicit and you can read more about it on the link above.
The Act covers many different classes of good including items sold by a retailer, materials for home improvement, although a complete house is not included, goods bought on credit, electronics, power, goods supplied as a result of an insurance claim and even second -hand items. In short, just about anything you buy is covered b the Consumer Guarantees Act.
Even door-to-door salespeople have to provide warranties before the sale is complete. It is somewhat like in retail instance, but you might be in the home of the customer.
Manufacturers also have obligations in all of these scenarios as well. You have an obligation to tell the retailer of your product’s warranties. Usually, if a consumer makes a claim to the retailer on a particular product, then the retailer will make a subsequent claim with the manufacturer. This is because it is in general the manufacturer which is guaranteeing the service and utility of the product, not the retailer. After all, they made it and people buy a branded good rather than buying a retailer’s brand. The effect of the retailer’s brand typically comes down to their service and price rather than the product itself.
Often you will be asked if you want to buy an extended guarantee or warranty. This is up to the individual consumer to decide but often, these are the most profitable parts of the sale especially for electronics products.
However, there are many times that a person has bought a product which later fails to operate as it was advertised. The washing machine may fail, the TV might not have a good quality picture or the mobile phone might not be working. Whatever, the goods you have bought, you are entitled to expect them to operate as fit for purpose. In this situation, the retailer will probably make a simple exchange or issue a credit. However, sometimes there can be problems with a guarantee in which case you will need to consult a lawyer to help you with your case.
This type of lawyer is generally known as a dispute lawyer or perhaps a consumer affairs lawyer. Whatever the particular law firm calls them, they offer the same service which is to remedy the problem and resolve the dispute you have with the supplier of the fault goods.
It pays to know the rules of doing business and your rights as a consumer. If you have a problem with a guarantee then you should consult an Auckland dispute lawyer. One of the best law firms in this regard is McVeagh Fleming who have offices in Auckland CBD and also in Albany.