Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person
supplies (otherwise than by way of sale by auction) goods to a consumer in the
course of a business, there is an implied condition that the goods supplied
under the contract for the supply of the goods are of merchantable quality,
except that there is no such condition by virtue only of this
section —
(a) as
regards defects specifically drawn to the attention of the consumer before the
contract is made; or
(b) if
the consumer examines the goods before the contract is made, as regards
defects which that examination ought to reveal.
(2) Where a person
supplies (otherwise than by way of sale by auction) goods to a consumer in the
course of a business and the consumer, expressly or by implication, makes
known to the supplier or to the person by whom any antecedent negotiations are
conducted any particular purpose for which the goods are being acquired, there
is an implied condition that the goods supplied under the contract for the
supply of the goods are reasonably fit for that purpose, whether or not that
is a purpose for which such goods are commonly supplied, except where the
circumstances show that the consumer does not rely, or that it is unreasonable
for him to rely, on the skill or judgment of the supplier or of that person.
(3)
Subsections (1) and (2) apply to a contract for the supply of goods made
by a person who in the course of a business is acting as agent for a supplier
as they apply to a contract for the supply of goods made by a supplier in the
course of a business, except where that supplier is not supplying in the
course of a business and either the consumer knows that fact or reasonable
steps are taken to bring it to the notice of the consumer before the contract
is made.