Enforcement of statutory guarantees

 

A failure to comply that can be remedied and is not a major failure

In these circumstances, the consumer can ask the supplier to remedy the failure. Depending on the circumstances, the supplier can do this by repairing or replacing faulty goods; by refunding money paid for the goods; or by correcting any defect in title to the goods.
 
 If the supplier does not do what is required to remedy the failure, either at all, or within a reasonable time, the consumer can either: 

  •  Get the failure remedied by someone else, or by some other means, and then recover the costs of doing this from the supplier; or
     
  •  Notify the supplier that they are rejecting the goods on grounds of the failure.
     
  •  In addition (unless the failure to comply was due to an event beyond human control) the consumer can sue the supplier for damages to compensate for any losses caused by the failure to comply with the guarantee, to the extent that these losses were reasonably foreseeable.

 However, a consumer cannot reject goods past the period of time within which any failure to comply with the relevant guarantee would have become apparent, taking account of factors such as the type of goods and their likely use. This is known as the 'rejection period'.  

 If the consumer elects to reject the goods, they must be returned to the supplier, unless to do so would be significantly costly for the consumer, in which case the supplier must collect them from the consumer at the supplier's expense. The supplier must then either refund the money paid for the goods, or replace them with goods that comply with the guarantee. Provisions also exist to allow the termination of contracts for the supply of services which are related to the rejected goods.