Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32K

Supply of services by demonstration

32K. Supply of services by demonstration



(1) The conditions set out in subsection (3) are implied in a contract of
supply of services in which there is a term, express or implied, to the effect
that the supply is a supply of services of the kind that are shown to the
purchaser in a demonstration, or that achieve a particular result shown to the
purchaser.

(2) The conditions set out in subsection (3) are implied in a contract of
supply of services, if, before entering the contract, the supplier, or in the
course of any antecedent negotiations, a dealer or a person acting on behalf
of the supplier-

   (a)  shows to the purchaser a demonstration of, or a result achieved by,
        services; and

   (b)  the purchaser is induced by the demonstration or by the showing of the
        result to purchase services of that kind.





(3) The conditions implied in a contract of supply of services under
subsection (1) or (2) are-

   (a)  an implied condition that the services will correspond in nature and
        quality with the services shown in the demonstration or will
        correspond in quality with the services that achieved that result; and

   (b)  an implied condition that the services will be free from any defect
        rendering them unfit for the purposes for which services of that kind
        are commonly purchased-

   (i)  that would not be apparent on reasonable examination of the services
        shown in the demonstration or the result achieved by services of that
        kind; and

   (ii) of which the purchaser is not aware when the contract is made.