The Sale of Goods Act 1895 (SA) applies only to contracts for the purchase of goods.
There is no maximum value of the contract where protection stops nor does it apply only to consumers. It applies to all buyers, even companies.
Although the conditions of 'fit for purpose' and 'merchantable quality' only apply to goods that are sold by traders, other implied conditions and warranties even apply to private sales.
Unlike the Competition and Consumer Act 2010 (Cth) ( the Australian Consumer Law), the conditions and warranties implied by the Sale of Goods Act 1895 (SA) can be excluded or the liability of the seller can be limited by the terms of a contract [s 54].
However, a seller will not be helped if she or he breaches a fundamental term of a contract, for example, if the goods supplied are so different in description as to be different goods. In addition, the exclusion will only protect a seller acting in the performance of the contract, not if acting outside the contract, for example, wilful misconduct. People affected should seek legal advice.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.