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Implied guarantees for goods

The Australian Consumer Law

Under the Australian Consumer Law there are implied guarantees that:

  • a buyer shall enjoy the use of the goods free from any interference;
  • that no person other than the supplier has a undisclosed interest, ownership or mortgage over those goods.

[Competition and Consumer Act 2010 (Cth) Schedule 2 ss 51-52]

A similar provision exists in the Sale of Goods Act 1895 (SA) [s 12].

Manufacturers’ warranties

It is unusual for a consumer to purchase goods direct from a manufacturer as most goods are purchased from a retailer. Although the consumer has not entered into a contract directly with the manufacturer the Australian Consumer Law provides consumers with rights against manufacturers. Under the Act manufacturers must provide goods that are of acceptable quality, are fit for their purpose, match the description in the contract and are the same as any samples given to the consumer before making the agreement [ss 54-57].

Manufacturers must also take reasonable action to ensure that facilities for repairs and parts are reasonably available for a resonable period after the goods are supplied [s 58].

Manufacturers must also comply with any express warranties they give in relation to the goods [s 59].

Implied guarantees for goods  :  Last Revised: Thu Mar 24th 2011
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