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Jessica
Consultant
Chris The Lawyer, Expert
Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
Chris The Lawyer, Expert
if this is covered by theConsumer Guarantees Act, then the remedies are based on the age of the sale and whether the float was completely unfit for purpose. After three years they have had a considerable amount of use for the float, but it is very likely to be too late to seek a refund or replacement after this period of time. If they are a consumer then the act will apply, but if they are in business then it does not. The refusal to let you do the work also has significance. Of course as you realise you don't have control over the remedial work undertaken by them, and it is therefore not unreasonable to refuse to pick up after someone else's work.
Chris The Lawyer, Expert
The Consumer Guarantees Act overrides any manufacturers warranty, but there is a commonsense element to the warrantees under the legislation. In essence, if they have had the float for three years, and haven't given you an opportunity to do the work but done this themselves, then I am doubtful whether they would have any claim. It is reasonable to refuse to do work after someone else has started this, because you have no ability to control the quality of the other work.