Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32NB

Supplier to have reasonable opportunity to make good title

32NB. Supplier to have reasonable opportunity to make good title

If, in a contract of supply of goods, the supplier is in breach of an implied
condition referred to in paragraph (a) or (b) of section 32G(1), or in
paragraph (a), (b) or (c) of section 32GA(2), or an express term to a similar
effect, the purchaser may not discharge the contract on the ground of the
breach unless-

   (a)  the purchaser has given notice to the supplier to the effect that the
        purchaser will discharge the contract unless the supplier within a
        reasonable time provides the title to the goods required by the supply
        or removes the charge or encumbrance on the goods, as the case may be;
        and

   (b)  the supplier has not, within a reasonable time after the notice was
        given, provided the title required by the contract or removed the
        charge or encumbrance, as the case may be.