Can a business exclude or limit the guarantees provided under the Consumer Guarantees Act?

Under the Consumer Guarantees Act (CGA) in New Zealand, businesses are not permitted to exclude or limit the guarantees provided under the Act. The CGA establishes certain basic rights for consumers regarding the quality and reliability of goods and services. These guarantees include that goods must be of acceptable quality, fit for purpose, and match their description, among other things.

The principle behind the CGA is to protect consumers by ensuring that they are entitled to certain minimum standards, and businesses must adhere to these standards. Attempts to limit or exclude these guarantees would undermine the very protections the Act is designed to provide. Therefore, businesses cannot solicit waivers or limit these rights through contracts, disclaimers, or other means.

This alignment with consumer rights reflects the intent of the law to ensure fairness and equity in consumer transactions, thus making it clear that consumers can rely on the guarantees provided under the CGA without fear of arbitrary limitations by businesses.