Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In every contract
for the supply by a person in the course of a business of services to a
consumer there is an implied warranty that the services will be rendered with
due care and skill and that any materials supplied in connection with those
services will be reasonably fit for the purpose for which they are supplied.
(2) Where a person
supplies services (other than services of a professional nature provided by a
qualified architect or engineer) to a consumer in the course of a business and
the consumer, expressly or by implication, makes known to the supplier any
particular purpose for which the services are required or the result that he
desires the services to achieve, there is an implied warranty that the
services supplied under the contract for the supply of the services and any
materials supplied in connection with those services will be reasonably fit
for that purpose or are of such a nature and quality that they might
reasonably be expected to achieve that result, except where the circumstances
show that the consumer does not rely, or that it is unreasonable for him to
rely on the supplier’s skill or judgment.
(3) A reference in
this section to services does not include a reference to services that
are, or are to be, provided, granted or conferred under —
(a) a
contract for or in relation to the transportation or storage of goods for the
purposes of a business, trade, profession or occupation carried on or engaged
in by the person for whom the goods are transported or stored; or
(b) a
contract of insurance.