- 14 -
(4) The consumer may, by action against the supplier, recover damages for any loss or damage suffered by the consumer because of the failure to comply with the guarantee if it was reasonably foreseeable that the consumer would suffer such loss or damage as a result of such a failure.
(5) Subsection (4) does not apply if the failure to comply with the guarantee occurred only because of a cause independent of human control that occurred after goods left the control of the supplier.
(6) To avoid doubt, subsection (4) applies in addition to subsections (2) and (3).
(7) The consumer may take action under this section whether or not the goods are in their original packaging.
49 If the consumer is entitled to reject the goods, s 263 applies and makes relevant a right to refund:
Consequences of rejecting goods
(1) This section applies if, under section 259, a consumer notifies a supplier of goods that the consumer rejects the goods.
(2) The consumer must return the goods to the supplier unless:
- (a) the goods have already been returned to, or retrieved by, the supplier; or
- (b) the goods cannot be returned, removed or transported without significant cost to the consumer because of:
- (i) the nature of the failure to comply with the guarantee to which the rejection relates; or
- (ii) the size or height, or method of attachment, of the goods.
(3) If subsection (2)(b) applies, the supplier must, within a reasonable time, collect the goods at the supplier’s expense.
(4) The supplier must, in accordance with an election made by the consumer:
- (a) refund:
- (i) any money paid by the consumer for the goods; and
- (ii) an amount that is equal to the value of any other consideration provided by the consumer for the goods; or
- (b) replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.
(5) The supplier cannot satisfy subsection (4)(a) by permitting the consumer to acquire goods from the supplier.
(6) If the property in the rejected goods had passed to the consumer before the rejection was notified, the property in those goods revests in the supplier on the notification of the rejection.
