Under section 259 of the ACL, action and remedies may be possible against the supplier or manufacturer of goods. A consumer is allowed to take action against the supplier if the guarantees are not met. Where there is a chance for the guarantee to be remedied and where it is not a major failure, then the consumer could request the supplier to remedy it. This has to be done within reasonable time, as one might expect a reasonable consumer and situation to do so. Where, the supplier refuses, then the consumer could take action against supplier in order to recover the costs or failure. Now in case the failure is a major failure, then the consumer could reject the good, take action and receive compensation in reduction of value of goods or price payable by consumer. The consumer can recover damages in such a situation, if they can show that they have suffered issues or losses on account of not having a proper good supplied to them. Section 260 of ACL defines for what is called a major failure. Major failure is applicable in such situation where the goods would not have been acquired by a reasonable consumer if they were aware of the extent of failure perceivable with the good or if the good is really not it for the purpose for which they have bought it. A specific test for understanding the major failure is that of the reasonable consumer test s260(a). The reasonable consumer test is based on the belief that any reasonable consumer must have been aware of the form of failure they could expect with some items. For instance, a consumer purchasing a television would consider that the television would work without failures for many years to come if they were to use it in the right way. A failure with respect to the television would be considered a major failure even if the issue was small because it was reasonable to expect that it would not cause an issue. Under s260(c) and (d), a product is considered unfit for purpose, if in the use of its ascertained situation, a failure occurs that makes it impossible to fix and recover it within good time.
under section 54, the goods have not met their necessary purpose of being used outdoors and it is reasonable for a consumer purchasing them to expect them to be usable for more than a year. Accepted quality would mean the good can be used for a reasonable amount of time without failure and not as this is not the case with Hottie heaters, the statutory guarantee comes into place even if the manufacture’s guarantee does not serve the purpose. The failure can also be considered a major failure as a reasonable consumer would not be able to anticipate such a failure and the failure is one that would take time to be fixed. Under section 259 of ACL, the consumer can seek remedies from the supplier in the form of servicing the heaters, or damages incurred because of loss of yoga customers because of failed heaters.
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