SALE OF GOODS ACT 1923 - SECT 64
Conditions and warranties in contracts for consumer sales
SALE OF GOODS ACT 1923 - SECT 64
Conditions and warranties in contracts for consumer sales
64 Conditions and warranties in contracts for consumer sales
(1) Any provision in, or applying to, a contract for a consumer sale and
purporting to exclude or restrict the operation of all or any of the
provisions of sections 18, 19 and 20 (section 19 (4) excepted) or any
liability of the seller for a breach of a condition or warranty implied by any
provision of those sections is void.
(3) Without limiting the meaning of
the expression
"merchantable quality" , goods of any kind which are the subject of a contract
for a consumer sale are not of merchantable quality if they are not as fit for
the purpose or purposes for which goods of that kind are commonly bought as is
reasonable to expect having regard to their price, to any description applied
to them by the seller and to all other circumstances.
(4) In a contract for a
consumer sale there is no implied condition that the goods are of
merchantable quality as regards defects brought to the buyer's notice before
the contract was entered into.
(5) Where, in any proceedings arising out of a
contract for a consumer sale (not being a consumer sale of second-hand goods),
it appears to the court that the goods, at the time of their delivery to the
buyer, were not, by reason of any defect in them or for that and any other
reason, of merchantable quality, the court may add the manufacturer of the
goods as a party to the proceedings and, if of the opinion that the defect
should be remedied by the manufacturer, may make against the manufacturer
either:
(a) an order requiring the manufacturer to pay to the buyer an amount
equal to the estimated cost of remedying the defect, or
(b) an order
requiring the manufacturer to remedy, within such time as may be specified in
the order, the defect and, in default of compliance with that order, require
the manufacturer to pay to the buyer an amount equal to the estimated cost of
remedying the defect,
and may make such other ancillary orders against the
manufacturer as to the court seem proper.
(6) In subsection (5),
"manufacturer" , in relation to any goods the subject of proceedings referred
to in that subsection, includes a person who resides or carries on business in
the Commonwealth and who received those goods from outside the Commonwealth
otherwise than from a person who resides or carries on business in the
Commonwealth.
(7) The jurisdiction of a court to make an order in any
proceedings referred to in subsection (5) is limited as to amount to the same
extent as if proceedings in respect of the defect had been taken in that court
by the buyer against the person liable for the remedying of the defect.
(8)
An order made by a court under subsection (5) (a) or (b) has effect as if it
were a judgment of that court.
(9) In any legal proceedings for breach of the
condition of merchantable quality implied pursuant to this Act in a
consumer sale relating to second-hand goods, the liability of the seller is,
subject to any contrary agreement, limited to the amount of the cash price of
the goods in respect of which the condition is adjudged to be in breach.
