Question
Alan and Janine have six children and need a vehicle to transport them around. They purchased a new 10-seater minivan from a car dealer to
Alan and Janine have six children and need a vehicle to transport them around. They purchased a new 10-seater minivan from a car dealer to use as the family vehicle. The sale and purchase contract contains a term which says that the provisions of both the Consumer Guarantees Act 1993 and the Sale of Goods Rules do not apply to the sale of the minivan. A couple of weeks after the purchase, Alan was parking the minivan in their garage. When he pushed on the brake pedal nothing happened and the minivan crashed into the rear wall of the garage causing significant damage to the garage. It turns out that one of the brake cables failed. Should Alan and Janine look to the Consumer Guarantees Act or the Sale of Goods Rules for their rights in this situation and what remedies are available to them?
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