Australian Capital Territory Current Acts

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SALE OF GOODS ACT 1954 - SECT 19

Implied conditions as to quality and fitness

    (1)     Subject to subsection (2), if 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 seller's skill or judgment, and the goods are of a description that it is in the course of the seller's business to supply (whether the seller is a manufacturer or not), there is an implied condition that the goods shall be reasonably fit for that purpose.

    (2)     For a contract for the sale of a specified article under a trade name, there is no implied condition as to its fitness for a particular purpose.

    (3)     If goods are bought by description from a seller who deals in goods of that description (whether the seller is a manufacturer or not), there is an implied condition that the goods shall be of merchantable quality but if the buyer has examined the goods there is no implied condition as to defects that the examination ought to have revealed.

    (4)     An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.

    (5)     An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent with it.



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