Victorian Consolidated Legislation

Goods Act 1958 - SECT 19

Implied conditions as to quality or fitness

19. Implied conditions as to quality or fitness

Subject to the provisions of this Part and of any Act in that behalf there is
no implied warranty or condition as to the quality or fitness for any
particular purpose of goods supplied under a contract of sale, except as
follows-

   (a)  where the buyer expressly or by implication makes known to the seller
        the particular purpose for which the goods are required so as to show
        that the buyer relies on the seller's skill or judgment and the goods
        are of a description which it is in the course of the seller's
        business to supply (whether he be the manufacturer or not) there is an
        implied condition that the goods shall be reasonably fit for such
        purpose: Provided that in the case of a contract for the sale of a
        specified article under its patent or other trade name there is no
        implied condition as to its fitness for any particular purpose;

   (b)  where goods are bought by description from a seller who deals in goods
        of that description (whether he be the manufacturer or not) there is
        an implied condition that the goods shall be of merchantable quality:
        Provided that if the buyer has examined the goods there shall be no
        implied condition as regards defects which such examination ought to
        have revealed;

   (c)  an implied warranty or condition as to quality or fitness for a
        particular purpose may be annexed by the usage of trade;

   (d)  an express warranty or condition does not negative a warranty or
        condition implied by this Part unless inconsistent therewith.

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