If a customer hasn't fully paid for their goods, does the Consumer Guarantees Act apply? New Zealand. Rejected all

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Customer: If a customer hasn't fully paid for their goods, does the Consumer Guarantees Act apply?
JA: Where is this occurring? I only ask because laws can vary by state.
Customer: New Zealand
JA: Have they tried anything so far that has helped or clarified the issue?
Customer: Rejected all offers to remedy sitution
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Answered by Chris The Lawyer in 8 mins 3 months ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
Customer
Thanks - did they send you my question?
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Chris The Lawyer, Expert

The act still applies to the usual terms about quality and fitness for purpose

Customer
even if they have not fully paid for their goods, the Act is still applicable - correct?
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Chris The Lawyer, Expert

This does mean that if they complain about quality and ask for a refund or repair, you can offset any money still owed

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Chris The Lawyer, Expert

But the act still applies

Customer
Tried everything I can think of - all they will accept is a superior product which is going to cost more than their original purchase.
Customer
if he purchases a product, from a sample shown to him, has it installed and then complains - and after offering just about every solution available - which he rejects stating the product is not fit for purpose (which is not correct) - he is entitled to ask for a superior product?
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Chris The Lawyer, Expert

You do not need to do that. All you are obliged to do is refund in that case

Customer
Which he refuses unless I make good the areas where the product was installed - that is impossible.
Customer
Anyway - all good. I'm taking him to mediation so will get a resolution one way or the other.
Customer
Thank you.
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Chris The Lawyer, Expert

His claims are a bit ambitious but mediation is a great remedy

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