Northern Territory Consolidated Acts Northern Territory Consolidated Acts78. Actions in respect of non-compliance with express warranty
(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) the supplier fails to comply with an express warranty given or made by the supplier in relation to the goods; and
(d) 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 of the failure,
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) For the purposes of any action instituted against a supplier under this section, where:
(a) an undertaking, assertion or representation was given or made in connection with the supply of goods or the promotion by any means of the supply or use of goods; and
(b) the undertaking, assertion or representation would, if it had been given or made by the supplier or a person acting on behalf of the supplier, have constituted an express warranty in relation to the goods,
it shall be presumed that the undertaking, assertion or representation was given or made by the supplier or a person acting on behalf of the supplier unless the supplier proves that the supplier did not give or make, and did not cause or permit the giving or making of, the undertaking, assertion or representation.