Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In every contract
for the supply of goods to a consumer, other than a contract to which
subsection (3) applies, there is —
(a) an
implied condition that, in the case of a supply by way of sale, the supplier
has a right to sell the goods, and, in the case of an agreement to sell or a
hire-purchase agreement, the supplier will have a right to sell the goods at
the time when the property is to pass;
(b) an
implied warranty that the consumer will enjoy quiet possession of the goods
except so far as it may lawfully be disturbed by the supplier or by another
person who is entitled to the benefit of any charge or encumbrance disclosed
or known to the consumer before the contract is made; and
(c) in
the case of a contract for the supply of goods under which the property is to
pass or may pass to the consumer — an implied warranty that
the goods are free, and will remain free until the time when the property
passes, from any charge or encumbrance not disclosed or known to the consumer
before the contract is made.
(2) A supplier is not,
in relation to a contract for the supply of goods, in breach of the implied
warranty referred to in subsection (1)(c) by reason only of the existence
of a floating charge over assets of the supplier unless and until the charge
becomes fixed and enforceable by the person to whom the charge is given.
(3) In a contract for
the supply of goods to a consumer in the case of which there appears from the
contract or is to be inferred from the circumstances of the contract an
intention that the supplier should transfer only such title as he or a third
person may have, there is —
(a) an
implied warranty that all charges or encumbrances known to the supplier and
not known to the consumer have been disclosed to the consumer before the
contract is made; and
(b) an
implied warranty that —
(i)
the supplier;
(ii)
in a case where the parties to the contract intend that
the supplier should transfer only such title as a third person may
have — that person; and
(iii)
anyone claiming through or under the supplier or that
third person otherwise than under a charge or encumbrance disclosed or known
to the consumer before the contract is made,
will not disturb the
consumer’s quiet possession of the goods.