(a) That's wrong. The significant facts here are that A is a commercial supplier of the kitchen units, and they were sold to a consumer. In these circumstances, s 54 of the ACL provides a guarantee that the goods are of 'acceptable quality'. Goods are not of acceptable quality if they are not fit for the purposes for which such goods are normally used; or if they are not durable; are unsafe; or if they have defects; or if they don't have an acceptable finish and appearance, to the extent that a reasonable consumer who knows of their qualities would find them unacceptable.

In deciding what a reasonable consumer would find acceptable, account must be taken of the nature and price of the goods; and any statements made about them, either on their packaging or by the supplier or manufacturer. In the present case, the kitchen units supplied to B are not as durable as a reasonable consumer would expect such items to be, even if they are not the most expensive ones. This is a breach of the guarantee of acceptable quality.

It should be noted that if B had inspected the units at the time of the sale in a way that ought reasonably to have revealed their true quality, then B would not be able to rely on the guarantee of acceptable quality. Nor could she do so if she had subjected the units to abnormal use, or had failed to take reasonable steps to prevent them from becoming unacceptable.

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