Threshold issue: was non-compliance a major failure?
The action a consumer can take depends upon whether the non-compliance with a guarantee can be remedied and whether it amounted to a 'major' failure. A major failure could include:
- the goods or services would not have been acquired by a reasonable consumer fully aware of the nature and extent of the failure
- the goods or services (and any product resulting from the services) are unfit for a disclosed purpose that was made known to the supplier or a person by whom any prior negotiations or arrangements in relation to the acquisition of the goods or services were conducted or made, and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose
- the goods or services are unsafe or create an unsafe situation.