Western Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 33

33 .         Interpretation (TPA s. 66) and relationship to Sale of Goods Act 1895

        (1)         In this Part — 

            (a)         a reference to the quality of goods includes a reference to the state or condition of the goods;

            (b)         a reference to a contract does not include a reference to a contract made before the date on which this Part comes into operation  ¹ ;

            (c)         a reference to antecedent negotiations in relation to a contract for the supply of goods to a consumer is a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by the other person whereby the consumer was induced to make the contract or which otherwise promoted the transaction to which the contract relates; and

            (d)         a reference to the person by whom any antecedent negotiations were conducted is a reference to the person by whom the negotiations or arrangements concerned were conducted or made.

        (2)         Goods of any kind are of merchantable quality within the meaning of this Part if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances.

        (3)         Notwithstanding any rule of law or construction to the contrary or an agreement which otherwise provides, where a provision of this Part is, in its application to any circumstance, matter or thing inconsistent with a provision of the Sale of Goods Act 1895  ⁵ in its application to the same circumstance, matter or thing the provision of this Part prevails and the provision of that Act to the extent of the inconsistency is inoperative.