Northern Territory Consolidated Acts Northern Territory Consolidated Acts82. Limitation in certain circumstances of liability of manufacturer to seller
(1) Notwithstanding section 79 but subject to this section, in the case of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability under that section of a manufacturer to a seller is limited to a liability to pay to the seller an amount equal to:
(a) the cost of replacing the goods;
(b) the cost of obtaining equivalent goods; or
(c) the cost of having the goods repaired,
whichever is the lowest amount.
(2) Subsection (1) does not apply in relation to particular goods if the seller establishes that it is not fair or reasonable for the liability under that section of a manufacturer in respect of those goods to be limited as mentioned in subsection (1).
(3) In determining for the purposes of subsection (2) whether or not it is fair or reasonable for the liability of a manufacturer to a seller in respect of goods to be limited as mentioned in subsection (1), a court shall have regard to all the circumstances of the case and, in particular, to:
(a) the availability of suitable alternative sources of supply of the goods;
(b) the availability of equivalent goods; and
(c) whether the goods were manufactured, processed or adapted to the special order of the seller.
(4) This section is subject to any term of a contract between the manufacturer and the seller imposing on the manufacturer a greater liability than the liability mentioned in subsection (1).
(5) In this section, the expressions manufacturer and seller have the same respective meanings as in section 79.