(b) That's wrong. The key facts are that B is a commercial supplier of flooring supplies to a consumer, and that the floorboards are supplied by reference to a sample. In such circumstances, s 57 of the ACL provides a guarantee that the goods correspond with the sample in quality, state and condition; and that they are free of any defect that was not apparent from a reasonable examination of the sample, and which would make the goods of unacceptable quality.

The consumer is entitled to a reasonable opportunity to compare the goods supplied with the sample shown. In the present case, it is likely that a defect that was not apparent in the sample, and which makes 10% of the floorboards unusable, makes them of unacceptable quality.

The available remedies for breach of a statutory guarantee are explained at the end of this section.