K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]
...failure on its behalf. The CGA requires consumers to give suppliers opportunity to rectify any failures that can be remedied within a reasonable time. Where a consumer fails to do so the consumer loses their right to a remedy4. In addition the general law of contract requires parties to a contract to mitigate their loss. 26. For completion I also note that XC raised that: a) KS should have checked the placement of the pool was still correct after UD hit it with the excavator. Howev...