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First Principles of Business Law |
| Statutory provisions affecting contracts for goods and services |
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5. The Australian Consumer Law |
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5.4. Guarantee of correspondence of goods with description |
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B, a retailer of household goods, advertises an electric washing machine. The advertisement reads: 'Simpson 7kg Front Loader washer. 1000 rpm spin speed; 11 wash programs; start/pause button; 4 star efficiency rating; 67 litres of water per normal wash. $765.' A sees this advertisement, telephones B and says she wants to buy one of the Simpson Front Loader washing machines as advertised in the catalogue. B agrees to the sale. When she inspects the washing machine that B delivers, A finds that although it is a Simpson Front Loader, it has different specifications from those advertised. In particular, it has only 10 wash programs, a 3.4 efficiency rating and it uses 76 litres of water per normal wash. Click here to see section 56. |
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(a) A agreed to buy a Simpson Front Loader washing machine and that is what she got. The exact specifications of the machine are not guaranteed. (b) A agreed to buy a Simpson Front Loader washing machine as advertised. She is entitled to a machine that meets all the specifications mentioned in the description. |
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