First Principles of Business Law

Statutory provisions affecting contracts for goods and services

5. The Australian Consumer Law

 5.3. Specific guarantees

 

 

 

The guarantees provided in consumer contracts for goods and services are listed below.  You can see, just by looking through the list, that there is a great similarity with the terms implied into sale of goods contracts by the sale of goods legislation. The important differences are:

  • that the guarantees are not made terms of the contract.  They are non-contractual statutory guarantees enforceable by means of special remedies.
  • Liability under the guarantees cannot be excluded by agreement. 

- Guarantee of correspondence of goods with description

 

- Guarantee of acceptable quality

 

- Guarantee of suitability for a consumer's purpose

 

- Guarantee of correspondence with samples

 

- Guarantee of good title and quiet possession

 

- Guarantee of the availability of spare parts and repairs

 

- Guarantees of express warranties

 

- Guarantees with regard to the supply of services

 
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