graemeh:

BigHammer: The consumer can waive their rights. They simply don't act if there's a problem with the product.

It's the retailer that can't waive any of the consumers rights under the CGA. 

No they can not.

If you think about the definition of "waive" it requires the consumer to take some action to give up their rights, this is not what you are describing.

It is probably better that I restate my earlier post using the correct legal terms.  "The consumer can not contract out of the consumer guarantees act".  In "purporting" to contract out of the act the retailer actually commits an offence under the Fair Trading Act.

Even in the case of a business (or goods or services acuired "in trade" as defined in the act) it is not always to enforce an agreement contracting out of the act (as the courts can overturn the agreement for a number of reasons, including that it must be fair and reasonable).