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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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5.5. Guarantee of acceptable quality |
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A, a retailer of prefabricated kitchen units, sells some inexpensive units to B. The units are delivered, paid for, and fitted into B's kitchen. Two months later B complains to A that the units are already showing signs of deterioration. She says the door hinges are breaking off, and that the edges of the doors and drawers are coming unstuck and peeling away. She says she is not happy with the quality of the units, which should be much harder wearing. |
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(a) The facts do not suggest that the particular units delivered to B are faulty: these cheap units are simply not hard wearing and B can't complain about this. (b) If the units are deteriorating so quickly, they are not as durable as kitchen units would be expected to be. This means that they are not of acceptable quality and B is entitled to complain. |
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