Carriage and Delivery of Goods

Carriage of Goods Act 1979 – Increased Limit

Effective 17 June 2014, the limit of liability applicable to domestic carriage of goods undertaken “at limited carrier’s risk” under the Carriage of Goods Act 1979 (CoGA) has increased from $1,500 to $2,000 per unit of goods. This is the first increase in the limit since 1989 and was included in the government’s package of consumer law reform legislation passed in December last year. Carriage on limited carrier’s risk terms is the default position under CoGA and will apply unless the parties have specifically agreed on one of the other kinds of contract allowed by CoGA.

Consumer Guarantees Act 1993

Also included in the consumer law reform package was a new section 5A of the Consumer Guarantees Act 1993 dealing with “Guarantees as to delivery”. It similarly came into effect on 17 June 2014. Under this section, where a supplier of goods is responsible for delivery or for arranging delivery, that supplier guarantees that goods will be delivered at any agreed time or within any agreed period, or if there is no agreement, then within a reasonable time. If the supplier fails to comply in a substantial way the consumer can reject the goods. Damages may also be claimable whether or not the goods are rejected.

Image courtesy of Kamya Adl.

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