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188 posts

Master Geek

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  #305944 10-Mar-2010 13:41
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JonnyCam:
That is partially correct. The original retailer of the goods is no longer liable if they are resold by a consumer (not for business purposes or by auction/competitive tender) however the manufacturer is still liable. Refer s27 Consumer Guarantees Act.


That section you refer to also says it has to be from a supplier, which is defined further down as

(a) means a person who, in trade,—

I wonder how the in trade part would be interpreted, would that mean a person in business - or simply selling a one-off item on trademe (or the newspaper to get away from the auction definition)

I can't see the reference in that section to a supplier. Can you please let me know the clause you are referring to.
Trade is defined in s2 as:

Trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services.

The best way of thinking about 'in trade' is basically whether the goods are being sold by a business whose intention is to sell the goods as part of their business.

570 posts

Ultimate Geek


  #305972 10-Mar-2010 15:05
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I can't see the reference in that section to a supplier. Can you please let me know the clause you are referring to.


Sorry, it's not directly stated, but 27(3) says
 This section shall not apply to any person who acquires goods from or through a consumer unless that person comes within the terms of paragraph (b) of the definition of consumer in section 2 of this Act.

consumer in s2 is (and then follow down to supplier)

Consumer means a person who—

  • (a) Acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption;



Trade is defined in s2 as:

Trade means any trade, business, industry, profession, occupation, activity of commerce, or undertaking relating to the supply or acquisition of goods or services.

The best way of thinking about 'in trade' is basically whether the goods are being sold by a business whose intention is to sell the goods as part of their business.


So a private person is not in trade, so the CGA doesn't apply?







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