Western Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 56

56 .         Certain amounts recoverable as debt or damages (TPA s. 65H)

        (1)         If a supplier fails to carry out an undertaking given under section 54 to refund the price of goods, the amount that should have been refunded is recoverable as a debt due by the supplier to the person to whom the undertaking was given.

        (2)         If a supplier fails to carry out an undertaking under section 54 to repair or replace goods, the supplier shall be deemed to have given instead an undertaking, notified under section 54, to refund the price of the goods within the period specified for the repair or replacement of the goods.

        (3)         If — 

            (a)         a person fails to comply with any requirement of an order made under section 54 or supplies goods in contravention of such an order disclosing a defect in, or dangerous characteristic of, the goods; and

            (b)         another person suffers loss or damage because of a defect in, or a dangerous characteristic of, the goods or by not having particular information as to a characteristic of the goods,

                the person who suffered the loss or damage shall be deemed, for the purposes of this Act, to have suffered it because of the failure or contravention.