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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14197
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can you help please. I purchased a set of car tyres off

Customer Question

Hi
Can you help please.
I purchased a set of car tyres off trade me which were advertised as new, and I have a GST receipt from the seller.
The tyres proved to be faulty and had to be replaced.
The person who sold me the tyres now tells me that I will need to make a claim from the manufacturer in the USA as he was only selling them as a private sale.
My local tyre company have provided me with a report which states that the tyres are faulty and in fact dangerous.
Do I have any consumer rights here ?
Cheers
Bill
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The person who sold you these tyres, advertised as new, is liable if they are faulty. If he represented that the tyres were new as part of the contract, then he must stand behind the contract if they are faulty. If he gave you a GST receipt, that would normally indicate that he was actually in business, rather than a private sale. That is important because if he is in business, then the Consumer Guarantees Act means that he must refund your money or replace the tyres. If he is genuinely a private seller, then he is still liable under the Sale of Goods Act. So either way, he must either refund or replace the tyres. He cannot fob this off on the manufacturer. If he is in business, then the manufacturer will also be liable, but collecting from someone in the USA would be more difficult. But that is not your problem but his.
Customer: replied 1 year ago.
many thanks for such a concise response.
This is what I wrote to the seller.
" Mike
You entered into a contract and advertised the tyres as new, so under New Zealand law you must stand behind the contract if the tyres are faulty. You also provided a GST receipt which would also indicate that you provide an on going business service. Which means that you are governed by the Consumer Guarantees Act.
However if you are genuinely a private seller you are still liable under the Sale of Goods act, so either way you must refund the money and negotiate with your supplier.
I have made the tyres and a full report available to you for you to make your warranty claim, which according to your correspondence should not be a problem.
Cheers
Bill "What if he refuses to help ?
Expert:  Chris The Lawyer replied 1 year ago.
That is a great start. If he refuses then you will need to claim through the Disputes Tribunal, available at your local court or online
Customer: replied 1 year ago.
He has now agreed to repay my credit card if i drop the tyres back to his address.
It looks like we are both victims of a poorly manufactured product.
a good result. Thanks i would like to use your good advice again.
Expert:  Chris The Lawyer replied 1 year ago.
Thanks. I am glad he has seen sense!

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