Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
Where —
(a) a
supplier supplies goods to a consumer in the course of a business; and
(b)
there is a breach of a condition that is, by virtue of a provision of this
Part, implied in the contract for the supply of the goods,
the consumer is,
subject to this section, entitled to rescind the contract
by —
(c)
causing to be served on the supplier a notice in writing signed by him giving
particulars of the breach; or
(d)
causing the goods to be returned to the supplier and giving to the supplier,
either orally or in writing, particulars of the breach.
(2) Where a consumer
purports to rescind under this section a contract for the supply of goods
by a supplier, the purported rescission does not have any effect
if —
(a) the
notice is not served or the goods are not returned within a reasonable time
after the consumer has had a reasonable opportunity of inspecting the goods;
(b) in
the case of the rescission effected by service of a notice, after the delivery
of the goods to the consumer but before the notice is
served —
(i)
the goods were disposed of by the consumer, were lost, or
were destroyed otherwise than by reason of a defect in the goods;
(ii)
the consumer caused the goods to become unmerchantable or
failed to take reasonable steps to prevent the goods from becoming
unmerchantable; or
(iii)
the goods were damaged by abnormal use;
or
(c) in
the case of a rescission effected by return of the goods, while the goods were
in the possession of the consumer —
(i)
the consumer caused the goods to become unmerchantable or
failed to take reasonable steps to prevent the goods from becoming
unmerchantable; or
(ii)
the goods were damaged by abnormal use.
(3) Where a contract
for the supply of goods to a consumer has been rescinded in accordance with
this section —
(a) if
the property in the goods had passed to the consumer before the notice of
rescission was served on, or the goods were returned to, the
supplier — the property in the goods re-vests in the supplier
upon the service of the notice or the return of the goods; and
(b) the
consumer may recover from the supplier, as a debt, the amount or value of any
consideration paid or provided by him for the goods.
(4) The right of
rescission conferred by this section is in addition to, and not in
derogation of, any other right or remedy under this Act or any other
written law or rule of law.