Enforcement of statutory guarantees

 

A failure to comply that cannot be remedied or is a major failure

In these circumstances, the consumer can either: 

  • Notify the supplier that they are rejecting the goods on grounds of the failure; or
  • Keep the goods and bring the action against the supplier to recover compensation for the lower value of the goods below the agreed price;
  • 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.

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.