Northern Territory Consolidated Acts

CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 77

(1) Where:

(a) a person ( the supplier ), in trade or commerce, supplies goods (otherwise than by way of sale by auction) manufactured by the supplier to a consumer; or

(b) a person ( the supplier ), in trade or commerce, supplies goods manufactured by the supplier to another person who acquires the goods for re-supply and a person (whether or not the person who acquired the goods from the supplier) supplies the goods (otherwise than by way of sale by auction) to a consumer,

and, in either case:

(c) at a time ( the relevant time ) after the acquisition of the goods by the consumer:

(i) the goods require to be repaired, but facilities for their repair are not reasonably available to the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer; or

(ii) a part is required for the goods, but the part is not reasonably available to the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer;

(d) the supplier acted unreasonably in failing to ensure that facilities for the repair of the goods were, or that the required part was, reasonably available to the consumer or that other person at the relevant time; and

(e) the consumer or that other person suffers loss or damage by reason of the failure of the supplier to ensure that facilities for the repair of the goods were, or that the required part was, reasonably available to the consumer or that other person at the relevant time,

the supplier 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 compensation by action against the supplier in a court of competent jurisdiction.

(2) Subsection (1) does not apply where the relevant supplier took reasonable action to ensure that the consumer acquiring the goods would be given notice at or before the time when he or she acquired the goods that:

(a) the supplier did not promise that facilities for the repair of the goods, or that parts for the goods, would be available; or

(b) the supplier did not promise that facilities for the repair of the goods, or that parts for the goods, would be available after a specified period, being a period that expired before the relevant time.

(3) Where the relevant supplier took reasonable action to ensure that the consumer acquiring the goods would be given notice at or before the time when he or she acquired the goods that the supplier did not promise that:

(a) facilities for the repair of the goods, being facilities of a kind specified in the notice, would be available;

(b) parts for the goods, being parts of a kind specified in the notice, would be available; or

(c) facilities for the repair of the goods would be available at, or parts for the goods would be available from, a place or places specified in the notice,

the supplier is not liable to compensate the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer for loss or damage suffered by the consumer or that other person by reason of the failure of the supplier to ensure that facilities of the kind specified in the notice, or parts of the kind specified in the notice, were available, or that facilities for the repair of the goods were available at, or parts for the goods were available from, a place or places specified in the notice, as the case may be.

(4) In determining whether a supplier acted unreasonably in failing to ensure that facilities for the repair of goods were, or that a part was, reasonably available to a person at the relevant time, a court shall have regard to all the circumstances of the case, and, in particular, to the existence at the relevant time of circumstances that prevented those facilities or that part being so available, being circumstances beyond the control of the supplier.