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Section 15: Implied Undertaking on Quality and Fitness for Purpose

15.Implied undertaking as to quality and fitness for purpose

(1)Subject to this Act or any other law, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2)There is an implied condition that the goods supplied under a contract are reasonably fit for that purpose, where'

(a)the seller sells goods of a description which it is in the course of the seller's business to supply; and

(b)the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the skill or judgment of the seller, whether the seller is the manufacturer or not,

unless the circumstances show that the buyer in fact does not rely, or that it is unreasonable for the buyer to rely on the seller's skill and judgment.

(3)Where the seller sells goods in the course of business, there is an implied condition that the goods supplied under the contract are of satisfactory quality.

(4)Subsection (3) does not apply to any matter which makes the quality of the goods unsatisfactory'

(a)which is specifically brought to the attention of the buyer before the contract is made;

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal; or

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.

(5)For the purposes of this Act, goods are of satisfactory quality if they meet the standards that a reasonable person would regard as satisfactory, taking into account any description of the goods, the price and all the other relevant circumstances.

(6)For the purposes of this Act, the quality of goods includes'

(a)their state, condition, appearance and finish;

(b)their fitness for all the purposes for which goods of the kind in question are commonly supplied;

(c)safety; and

(d)durability.

(7)A warranty or condition as to quality or fitness for a particular purpose may be implied in a contract by the usage of trade or custom.

Plain English Summary

When you buy goods from a seller who regularly sells that type of product, you have the right to expect the goods to be of satisfactory quality and re...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Sale of Goods and Supply of Services Act. Faster results.