Guarantees & Remedies in the Consumer Guarantees Act 1993

by The FindLaw Team

As the name suggests, the Consumer Guarantees Act 1993 (“CGA”) contains guarantees for consumers against faulty goods and services. Where you have bought a faulty item or a service is not of a good standard for example, it may be that the supplier or manufacturer is required to rectify the problem because the goods or services are guaranteed under the CGA. If you are aware of your rights and guarantees under the CGA then you are in a position to do something about the problem. The guarantees and rights set out below are given to consumers against either suppliers or manufacturers of the goods or services you are purchasing from. The guarantees in the CGA are mandatory and come with a range of remedies that the law requires the particular supplier or manufacturer to honour.

At present, the guarantees in the CGA do not apply to goods purchased by auction or by competitive tender. They also do not apply where goods or services are charitable, or where the goods or services are not supplied in trade.

Guarantees for goods:

  • Guarantee of title – the consumer purchasing the goods takes over the title (ownership) of the goods. The supplier of the goods gives a guarantee therefore that:
    • the purchaser will have a right to sell the goods
    • the goods do not have any undisclosed securities against them at the time of sale
    • the purchaser has a right to undisturbed possession of the goods.
  • Guarantee of acceptable quality – this means the goods are:
    • Fit for purpose
    • Acceptable in appearance and finish
    • Free from minor defects
    • Safe
    • Durable
  • Guarantee of fitness for particular purpose – this means that if you tell the supplier at the time of purchase about a particular purpose that you want the goods for, or if the supplier tells you the goods are reasonably fit for a particular purpose, then the supplier guarantees the goods are fit for that particular purpose.
  • Guarantee that the goods comply with description. Goods you purchase that are described to you by the supplier must correspond with that description.
  • Guarantee that goods comply with sample. Where goods are supplied based on a sample or demonstration model, the goods must correspond to the quality of the sample of model, and you must be given an opportunity to compare the goods you are buying with the sample.
  • Guarantee of price. You are not required to pay more than a reasonable price for goods where the price cannot be determined by the contract or the course of dealing between yourself and the supplier.
  • Guarantee of repair and spare parts – manufacturers guarantee that they will take reasonable action to ensure repairs can be done to the item you purchased and that spare parts for the item are available for a reasonable period after the goods are supplied.
  • Any express guarantee given by the manufacturer, including a guarantee about the quality, performance or characteristics of the goods, is enforceable under the CGA.


Remedies for faulty goods, from suppliers:

  • Where goods do not comply with one of the above guarantees and the particular failure can be remedied, you can require the supplier to:
    • Repair the goods
    • Cure any defect in title
    • Replace the goods with an identical item
    • or, where the supplier cannot repair the goods, refund any money you paid for the item.
  • Where the supplier either refuses or fails to remedy the fault, you can:
    • Have the repair done somewhere else at the expense of the supplier, or
    • Reject the goods
  • Where the failure of the goods cannot be remedied, you can either
    • Reject the goods, or
    • Obtain damages as compensation for the reduction in the value of the goods.
  • You could also seek damages from the supplier for any foreseeable loss or damage to you resulting from the failure of the goods.


Remedies for faulty goods, from manufacturers:

  • Damages, where a reasonably foreseeable loss occurred as a result of a failure to comply with a guarantee.
  • Repair of the goods.
  • Replacement of the goods those of an identical type.


Guarantees for services:

Consumers have the following guarantees for services under the CGA:

  • the service will be carried out with reasonable care and skill
  • the service and any product resulting from the service will be
    • reasonably fit for any particular purpose, and
    • of a nature and quality that it will achieve any particular result
      where you tell the supplier the particular purpose you require the service for or the result you want to achieve, except where you either did not rely on the suppliers skill or judgment or it is unreasonable for you to rely on the that.
  • The service will be completed within a reasonable time.
  • You will not be liable to pay the supplier more than a reasonable price where the price is not determined by the contract or by the course of dealing between yourself and the supplier.


Remedies for services, from suppliers:

Where goods do not comply with one of the above guarantees for services and the particular failure can be remedied, you can require the supplier to:

  • Remedy the failure within a reasonable time
  • Where the supplier either refuses or fails to remedy the fault, you can:
    • Have the failure remedied somewhere else at the expense of the supplier, or
    • Cancel the contract
  • Where the failure cannot be remedied or is substantial, you can either
    • Cancel the contract, or
    • Obtain damages as compensation for the reduction in the value of the product in a service.
  • You could also seek damages from the supplier for any foreseeable loss or damage to you resulting from the failure.

The guarantees and remedies listed above are described in a general way and it is important to note that there may be specific exceptions and criteria relating to them. If you require legal advice about your rights and remedies under the CGA, speak to a lawyer who can assist you to apply the CGA to your specific problem.



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