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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 727 APPLICANT DI RESPONDENT UM The Tribunal orders: DI is to pay $3,109.65 to UM by 10 October 2024. Reasons Are the parties bound by the quote for work? 1. DI contracted UM to quote for bathroom renovation work at her rental property. UM provided DI with a quote. The quote document included details of how UM had priced the work.
...lighting that was initially installed fit for the communicated purpose? b) Is KY liable to pay for the extra labour? Was the lighting that was initially installed fit for the communicated purpose? 5. Section 8 of the Consumer Guarantees Act 1993 (CGA) provides that where goods are supplied to a consumer, there is a guarantee that the goods will be reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier. 6. The tenant gav...
...the DJI website (s7(1)(i)) and what he was told by PM (s7(1)(i) and (j)). 17. I am unable to make a finding that the claim can be successful against PM in the way it has been framed. This is so for the following reasons. 18. Section 17 of the CGA states: 19. As a result of this section, PM cannot be liable for any failure of the drone to be of acceptable quality if the only reason why it would fail was the information on the DJI website giving unreasonable expectations of...
...merchantable quality? (d) Did BB Ltd misrepresent the Projector to BC? (e) Is BC entitled to a remedy and, if so, is the amount claimed proved and reasonable? Does the Consumer Guarantees Act 1993 apply? 6. The Consumer Guarantees Act 1993 (“the CGA”) applies to the supply of goods and services by suppliers in trade to consumers. A person is a consumer under the CGA where they acquire goods or services from a supplier of a kind “ordinarily acquired for personal, domestic, or...
...motor vehicle traders, that any person who fails to comply with an order of the Tribunal should be immediately liable to be banned. I would also like to recommend that the following changes be considered to the Consumer Guarantees Act 1993 (“CGA”): c) Recognition of depreciation through use There is no provision in the CGA for account to be taken, when a consumer rejects faulty goods, of the extent of the consumer’s use of the goods before he or she rejected them. This...
...it was Q Ltd that breached the contract by failing to pay the full amount. Was the tyre fit out carried out with reasonable care and skill and was the outcome reasonably fit for purpose? 11. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that services must be conducted with reasonable care and skill. Broadly “reasonable” means the standard of care and CI0301_CIV_DCDT_Order Page 3 of 5 skill a reasonable consumer would expect of a reasonable service provide...
...equitable). If there is no express term agreed about price, it is necessary and reasonable to imply a term that the price charged must be commercially reasonable. As between suppliers in trade and consumers, the Consumer Guarantees Act 1993 (“the CGA”) implies a guarantee into contracts of service between a supplier in trade and a consumer that the consumer is not liable to pay more than a reasonable price for the service if the price has not been determined by the contract, left to be...
...were justified in cancelling their contract with F Ltd and the consequences of the answer to that question so far as the parties’ claims are concerned. The law [14] The parties’ agreement is subject to the Consumer Guarantees Act 1993 (“the CGA”). The CGA provides guarantees that services provided to consumers must be carried out with reasonable care and skill and, if no time is fixed for completion (as in this case), the services must be provided within a reasonable time. The...
...and if so, how much. Law 7. The law to be considered in determining this claim is the law of contract, the terms of the contract, the guarantees as to reasonable care and skill, fitness for purpose, and price in the Consumer Guarantees Act (CGA), the provisions of the Fair Trading Act (FTA) in relation to misleading and deceptive conduct, and false or misleading representations. I have also considered the provisions of the Innkeepers Act and the old Roman law as to duties of an inn...
...right to another free return the following season. In November 2015, TG sought a refund of her stud fee, but the contract provided for a free return, not a refund. A refund could only be due upon a breach being established under the contract or CGA. 17. I have had regard to whether the second free return (the purchase of K) was a “qualifying” return, or whether it failed to be so given the way it was managed. K was purchased already in foal. When K arrived at TG’s on 22 Janu...