Carpet and Consumer Guarantees Act

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eracode

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#240447 8-Sep-2018 06:43

Our neighbour and good friend has lived in her house for four years - she bought it new. Recently she has noticed that all her carpets have started to develop wrinkles - as if they have stretched.

She called in a carpet layer to re-stretch the carpets but he says there’s nothing he can do. The fault is with the underlay. He says it’s a US brand that was sold in NZ for only one year. I’m not sure what more he said about the underlay but that’s what’s causing the problem.

She knows the name of the firm that supplied and laid the underlay and carpet. Does she have any CGA rights against the supplier, given that she bought the house finished and new off a developer and it was the developer who had the contract with carpet people?

Would welcome comments and advice. Thanks.

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SirHumphreyAppleby

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#2085967 8-Sep-2018 07:33

The CGA likely does not apply in this instance as the supplier can contract out of it when supplying to trade.

I would still expect the supplier to handle any warranty claims directly.

throbb

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#2085969 8-Sep-2018 07:45

Surely she needs to go to the developer to remedy. It's their responsibility to use materials fit for purpose.

eracode

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#2085971 8-Sep-2018 07:47

SirHumphreyAppleby:
The CGA likely does not apply in this instance as the supplier can contract out of it when supplying to trade.

I would still expect the supplier to handle any warranty claims directly.

Thanks - yes I had overlooked the fact that the supply was in trade and not to a consumer.

What do you mean by “ ...supplier to handle claims directly”?

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SirHumphreyAppleby

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#2085972 8-Sep-2018 07:56

eracode:

Thanks - yes I had overlooked the fact that the supply was in trade and not to a consumer.

What do you mean by “ ...supplier to handle claims directly”?

Even though the contract was between the supplier and the developer, the supplier still has a duty of care to the consumer and may address the issue without having to go through the developer.

k1w1k1d

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#2085992 8-Sep-2018 09:54

The carpet supplier may have supplied it in trade to the developer, but the developer supplied the house to the consumer. That is probably where the CGA will come in?

SirHumphreyAppleby

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#2085998 8-Sep-2018 10:06

k1w1k1d:

The carpet supplier may have supplied it in trade to the developer, but the developer supplied the house to the consumer. That is probably where the CGA will come in?

According to this site, the CGA applies only to building services, not buildings or building materials. The OP might want to look at that page, particularly the part about implied warranties provided under the Building Act 2004.

I'd still contact the supplier first, particularly if any warranty documentation for the product has been provided by the developer. Even if the developer needs to be involved, it helps if you know in advance what would be required.