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NSW Sale of Goods Act - A Reasonable Time to Wait?

Discussion in 'Australian Consumer Law Forum' started by Pallahue, 18 June 2015.

  1. Pallahue

    Pallahue Member

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    I have read that "... services will be provided within a reasonable time" is a consumer guarantee. Does this reflect the Sale of Goods Act?

    I bought a chair that is customised with a woolen upholstery. NZ wool and a light blue - nothing I would have thought it difficult to come by or to fit.

    In any case, the company Chicicat has indicated a lead time of 10-12 weeks (this was not evident until after the order was completed online). After 13 weeks, an ETA has not been provided as requested.

    What is a reasonable time to wait?
    Under contract law, can Chicicat contract away my rights?
    eg. in their terms in conditions I cannot hold them to their lead time?

    Thank you.
     
  2. Tim W

    Tim W Lawyer

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    It's probably being made to order.... overseas, and not necessarily in NZ.

    There's a difference between a contracted specific delivery date, and an estimated date range for delivery.
     
  3. Pallahue

    Pallahue Member

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    Yes it is being made to order in China.

    I would like to understand how the law views the estimated date. Surely at some stage a consumer would be able to say well its unreasonable that it should take x amount of time to custom make this product with these specifications in China.
    For example, after having paid fully for the custom order in advance and having waited 6 month is it reasonable to have an ETA on the product? Or is it reasonable to expect delivery in 6 months?
    Why isnt reasonable to expect delivery or ETA at 3 months?
     

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