Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) a corporation, in trade or commerce, supplies goods manufactured by the corporation to another person who acquires the goods for re‑supply;
(b) a person (whether or not the person who acquired the goods from the corporation) supplies the goods (otherwise than by way of sale by auction) to a consumer;
(c) the goods are supplied to the consumer by reference to a sample;
(d) the bulk of the goods does not correspond with the sample in quality or the goods have a defect, rendering them unmerchantable, that is not, or would not be, apparent on reasonable examination of the sample; and
(e) the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer suffers loss or damage by reason that the bulk does not correspond with the sample in quality or by reason that the goods have that defect;
the corporation is liable to compensate the consumer or that other person for the loss or damage and the consumer or that other person may recover the amount of the loss or damage by action against the corporation in a court of competent jurisdiction.
(2) Subsection (1) does not apply where:
(a) the sample is not supplied by the corporation;
(b) the supply by sample is made without the express or implied concurrence of the corporation; or
(c) the failure of the bulk of the goods to correspond with the sample in quality or the existence of the defect is due to:
(i) an act or default of any person (not being the corporation or a servant or agent of the corporation), or a cause independent of human control, occurring after the goods have left the control of the corporation; or
(ii) other circumstances that were beyond the control of the corporation and that it could not reasonably be expected to have foreseen.
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