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Remedies under the Consumer Guarantees Act CAP 326E

  • If there is any issue with an item purchased within a reasonable time subsequent to the completion of the purchase and the issue can be remedied, then the consumer has the right to request that the supplier remedies the issue with the item.
  • The supplier has the option to repair the item if it can be repaired and returned to proper working condition;
  • If the item cannot be satisfactorily repaired, then the supplier has the obligation to replace the item with an item of the same value, and same operational characteristics.
  • If the supplier is unable to satisfactorily repair the item and cannot replace it with an item of similar value and operational characteristics, then the consumer is entitled to a full refund of the monies paid for the item.
  • If the supplier refuses to remedy the issue with the item or takes too long to do so, then the consumer has the right to:
    • Have the issue remedied elsewhere and obtain reimbursement from the supplier.
    • Reject the item and request that it be exchanged for a new item or request a full refund from the supplier.
  • The consumer has the option of keeping the item and claiming compensation for any reduction in the value of the item.
  • The consumer can also claim for any reasonably foreseeable extra loss that results from the initial issue with the item.
  • If a consumer is given an item as a gift by another individual, that consumer has the same rights under the Consumer Guarantees Act as if he or she had purchased the item themselves and can seek a remedy from the supplier for any issues arising with the item.
  • In order for the Consumer Guarantees Act to be applicable in a dispute between a consumer and a supplier, it must be first established that a breach in the Act has occurred.