Act pro­vides some build­ing guar­an­tees

Matamata Chronicle - - Building -

The Con­sumer Guar­an­tees Act can pro­vide you with some pro­tec­tion for the qual­ity of goods and ser­vices you pur­chase when you build a house or do other work around home.

The Con­sumer Guar­an­tees Act 1993 pro­vides that goods and ser­vices must meet cer­tain guar­an­tees.

In most cases, the man­u­fac­turer or the trader is bound by these guar­an­tees.

The act cov­ers goods you buy, such as ma­te­ri­als and ap­pli­ances for the house, as well as the ser­vices pro­vided by your ar­chi­tect, de­signer, builder or other con­trac­tors.

The act does not ap­ply to goods bought at auc­tion or ten­der or at a pri­vate sale, for ex­am­ple, if you buy a sec­ond-hand man­tel­piece through the pa­per.

Nei­ther does it ap­ply when you buy an ex­ist­ing house and the land that goes with it. Ma­te­ri­als you buy must be: Of ac­cept­able qual­ity. Fit for their nor­mal pur­pose. Fit for any par­tic­u­lar pur­pose that you make known to the sup­plier.

A price rea­son­able for the type and qual­ity of goods, where price has not been agreed. Guar­an­teed as to ti­tle. Where the goods are bought by the builder, and you buy them off the builder, then the builder is the sup­plier of those goods un­der the act.

This means that you have reme­dies against the builder as sup­plier.

If you buy the goods di­rect from a re­tailer, your reme­dies will be against the re­tailer as the sup­plier of the goods.

The ser­vices pro­vided by your de­signer, builder or other con­trac­tors must:

Be per­formed with rea­son­able care and skill. Re­sult in fit­ness for a par­tic­u­lar pur­pose. Be com­pleted within a rea­son­able time if a time was not agreed be­fore­hand.

Not cost more than a rea­son­able or go­ing mar­ket price if you did not agree on a price be­fore­hand.

If the goods and ser­vices don’t meet these stan­dards you have reme­dies un­der the Act.

When you buy goods you can ex­pect them to be guar­an­teed as to ti­tle, that is they are be­ing sold by the per­son with the right to sell them and that you own them com­pletely.

If you buy goods where the sup­plier does not have the right to sell them, the guar­an­tee as to ti­tle pro­vides you with a claim against the sup­plier to have the de­fect in ti­tle cor­rected, or dam­ages where this can­not be done.

Note that con­tracts for the sup­ply of build­ing ma­te­ri­als fre­quently in­clude re­ten­tion of ti­tle clauses, which es­sen­tially re­serve rights to the goods to the sup­plier un­til they are paid for.

Goods are of ac­cept­able qual­ity if they are fit to be used in such a way that is usual for that type of goods, they are rea­son­ably durable, have no sig­nif­i­cant de­fects and are ac­cept­able in look and fin­ish.

Note, how­ever, that if the ex­is­tence of any de­fect was specif­i­cally drawn to your at­ten­tion, then ac­cord­ing to the act the guar­an­tee does not ap­ply in re­spect of those goods.

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