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  Reply # 1087015 11-Jul-2014 11:39
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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).


 I buy a Diddlypoo Widget from Humpty Dumpty and in 15 months said Diddlypoo Widget goes bang, if choose to buy a new Widget from Mary Poppins and not take the broken Diddlypoo Widget back to  Humpty Dumpty to fix I have waived my rights under the CGA




Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

 It's our only home, lets clean it up then...

 

Take My Advice, Pull Down Your Pants And Slide On The Ice!

 

 


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  Reply # 1087213 11-Jul-2014 14:40
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I bow to your superior legal minds and retreat to the wild west of buying from China based sellers on ebay.  cool

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  Reply # 1087679 12-Jul-2014 13:22
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Goodness, so much argument about a simple phrase where we all probably know what it means anyway!

Let me try and make it clear:

   Any agreement between a consumer and a vendor which abrogates the rights of the consumer afforded by the Consumer Guarantees Act is invalid and unenforceable.

BigHammer: the business/retailer cannot say they'll only accept the offer if you agree to waive your rights under the CGA.


And likewise, if the consumer says "I'll offer you $X and forget about the CGA" the retailer would be silly to take that on, because the statement by the consumer is not enforceable and they could at any stage after the sale say "ha ha, can't contract out of my rights".






---
James Sleeman
I sell lots of stuff for electronic enthusiasts...


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