Contract / Consumer Guarantees Act 1993 / guarantee that goods comply with description / Applicant purchased a second-hand engine from Respondent which required additional parts for it to be installed in his vehicle / Applicant paid his mechanics to install the engine and for additional parts then claimed the entire cost of fitting the new engine / Applicant claimed that Respondent breached Consumer Guarantees Act 1993, guarantee that goods comply with description / Held: engine supplied by Respondent did comply with description / Applicant would have had to incur labour cost even if specific missing components were present as they would have needed to be replaced / rest of the parts could not be considered part of the motor but items that would typically need replacing at the time of engine replacement / claim dismissed.
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130 items matching your search terms
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ADL v ZWO Ltd [2011] NZDT 163 (31 March 2011) [PDF, 61 KB] -
AEA v ZVU Ltd [2010] NZDT 251 (3 September 2010) [PDF, 80 KB] Consumer Guarantees Act 1993 / guarantees as to acceptable quality and fitness for purpose / Applicant purchased a pair of basketball shoes made by a major shoe manufacturer / claimed the pull tab on the shoe had agitated his ankle and caused bleeding / sought refund on the basis that the shoes were not reasonably fit for the purpose for which the supplier represented they would be fit under s 8(1)(b) / Applicant made his own shoe selection and did not rely on the Respondent’s staff’s expertise / Respondent produced evidence showing this and a similar style of shoe had been sold in New Zealand without complaint / evidence from podiatrist suggesting Applicant was not wearing correct socks for his foot size / held that the Applicant’s injury was likely to be a case of needing to “wear in the shoes” and blisters are not uncommon with new shoes / claim dismissed.
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AAQ Ltd v ZZJ, ZZK and ZZL [2013] NZDT 13 (16 April 2010) [PDF, 84 KB] Consumer Guarantees Act 1993 / guarantees as to acceptable quality and fitness for purpose / Applicant purchased diesel from First Respondent’s petrol station / almost immediately after purchasing the diesel, the Applicant’s Landcruiser’s engine failed due to a breakdown in the vehicle’s fuel injection system / repairs cost over $12,250 / held that CGA applied as diesel fell within the definition of a “good” under the CGA, and it was sold in trade by the First Respondent / also a claim against the Second Respondent, the New Zealand company the distributed the fuel to petrol stations as “manufacturer” / held that the engine failure was caused by fuel contaminated by water / First Respondent had failed to maintain diesel tank resulting in higher-than-normal water levels in the diesel / First Respondent liable under the CGA / Second Respondent not liable under the CGA as there was not evidence to suggest the fuel was contaminated when it was delivered to the First Respondent / 30 per cen…
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AGP v ZTZ Ltd [2009] NZDT 554 (23 November 2009) [PDF, 69 KB] Jurisdiction / Disputes Tribunals Act 1988 / Applicant purchased new motor vehicle from Respondent / automatic transmission failed / Applicant claimed for the cost of repair as vehicle was not of “acceptable quality” under the Consumer Guarantees Act 1993 (CGA) / Held: Motor Vehicle Disputes Tribunal has jurisdiction to deal with claims under the CGA against motor vehicle traders / claim more properly determined there with the assistance of a specialist assessor / claim transferred to Motor Vehicle Disputes Tribunal.
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OC v N Ltd [2024] NZDT 409 (13 May 2024) [PDF, 207 KB] Contract / Consumers Guarantees Act 1993 (CGA) / Applicant used diesel emissions fluid in her petrol car / Applicant claims there was insufficient signage at Respondent’s service station / Applicant claims $1,060 to repair her vehicle / Held: Services should be conducted with reasonable skill and care / No person in trade shall engage in conduct that is misleading or deceptive or is likely to mislead or deceive / Respondent had taken reasonable steps to alert drivers about exhaust fluid / Claim dismissed.