Section 5 - How Do I Get This Sorted?
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Learning intention for students
We will explain and demonstrate how to
access consumer information and make a complaint to a trader about
faulty goods.

How will we know we have done these things?
We will be able to:
-
accurately describe a given consumer
problem with faulty goods and what we want done to resolve the
problem
-
explain our legal rights under the Consumer
Guarantees Act
-
role-play making a complaint about faulty
goods where we reach an acceptable solution to the problem with
the seller.
Background information
The main ideas explored in Section 5 are:
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Under the Consumer Guarantees Act consumers
may have rights of redress (right to have the problem ‘put right')
when there are problems with faulty goods and services.
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Before a business takes responsibility for
the problem the consumer must prove that they purchased the goods
or services from the retailer/service provider and that there is a
problem with the goods.
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Under the Consumer Guarantees Act there are
a specific set of remedies consumers can be offered to resolve
problems with faulty goods and services provided by a trader.
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If the fault is minor, or can be
repaired, the retailer can choose between repairing the goods,
replacing the goods or giving you a refund.
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If the retailer refuses to fix the
problem, or takes more than a reasonable time to do so, the
consumer can:
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ask for their money back
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ask for replacement goods if the same
type of goods are reasonably available to the retailer
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take the goods elsewhere to be fixed
and ask the retailer to pay for the cost of repair
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take their complaint to the Disputes
Tribunal.
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If the problem is a serious one (the goods
are unsafe, they substantially do not meet acceptable quality,
fitness for particular purpose, description or sample), or cannot
be repaired, the consumer (not the retailer) can choose to:
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return or reject the goods and ask for
their money back, or a replacement of similar value and type (if
the goods are available), or
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keep the goods and have the price reduced
to make up for its drop in value.
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If the goods cause additional damage when
they become faulty (eg, the fault in the CD player causes damage
to a new CD) the consumer can ask the retailer to pay for the
damage. This is called ‘consequential loss’.
-
Consumers may use formal and informal
methods to seek redress.

Activities in PDF format
Section 5 -
all documents
Resolving problems with faulty goods and services
Activity 1 - Where to get consumer information
Activity 2 - Seeking redress: fixing a problem with faulty goods
Activity 2 - Using role plays to practice seeking redress
Activity 3 - Reflection and evaluation
Making a complaint about faulty goods information sheet
Returning faulty goods role play sheet

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