New South Wales Consolidated Acts New South Wales Consolidated Acts(TPA s 74A)
(1) In this Division:
"express warranty", in relation to goods, means an undertaking, assertion or representation in relation to:(a) the quality, performance or characteristics of the goods, or(b) the provision of services that are or may at any time be required in respect of the goods, or(c) the supply of parts that are or may at any time be required for the goods, or(d) the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion or representation is given or made form part,given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods, the natural tendency of which is to induce persons to acquire the goods.
"manufactured" includes grown, extracted, produced, processed and assembled.
(2) In this Division:(a) a reference to goods is a reference to goods of a kind ordinarily acquired for personal, domestic or household use or consumption, and(b) a reference to a person who acquires goods from a consumer does not include a reference to a person who acquires goods for the purpose of re-supply, and(c) a reference to the quality of goods includes a reference to the state or condition of the goods, and(d) a reference to negotiations in relation to the acquisition of goods by a consumer is a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by the other person in respect of which the consumer was induced to acquire the goods or which otherwise promoted the acquisition of the goods by the consumer.
(3) If a person:(a) holds himself, herself or itself out to the public as the manufacturer of goods, or(b) causes or permits:(i) the name of the person, or(ii) a name by which the person carries on business, or(iii) a brand or mark of the person,to be applied to goods supplied by the person, or(c) causes or permits another person:the person is, for the purposes of this Division, taken to have manufactured the goods.(i) in connection with the supply or possible supply of goods by that other person, or(ii) in connection with the promotion by that other person by any means of the supply or use of goods,to hold out the person to the public as the manufacturer of the goods,
(4) If:(a) goods are imported into this State by a person who was not the manufacturer of the goods, and(b) at the time of the importation the manufacturer of the goods does not have a place of business in this State,the person is, for the purposes of this Division, taken to have manufactured the goods.
(5) For the purposes of subsection (3) (b):(a) a name, brand or mark is taken to be applied to goods if it:(i) is woven in, impressed on, worked into or annexed or affixed to the goods, or(ii) is applied to a covering, label, reel or thing in or with which the goods are supplied, and(b) if the name of a person, a name in which a person carries on business or a brand or mark of a person is applied to goods, it is to be presumed, unless the contrary is established, that the person caused or permitted the name, brand or mark to be applied to the goods.
(6) The reference in subsection (5) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and the reference in that subsection to a label includes a reference to a band or ticket.
(7) If goods are imported into this State on behalf of a person, the person is, for the purposes of this Division, taken to have imported the goods into this State.
(8) For the purposes of this Division, goods are taken to be supplied to a consumer despite the fact that, at the time of the supply, they are affixed to land or premises.