Western Australian Current Acts Western Australian Current Acts (1) Subject to the
provisions of this Act, and of any statute in that behalf, 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, except as provided in subsections
(2) and (5).
(2) Where 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 which it
is in the course of the seller’s business to supply (whether he be the
manufacturer or not), there is an implied condition that the goods shall be
reasonably fit for such purpose: Provided that in the case of a contract for
the sale of a specified article under its patent or other trade name, there is
no implied condition as to its fitness for any particular purpose.
(3) Where goods are
bought by description from a seller who deals in goods of that description
(whether he be the manufacturer or not), there is an implied condition that
the goods shall be of merchantable quality: Provided that if the buyer has
examined the goods there shall be no implied condition as regards defects
which such 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 therewith.
[Section 14 amended: No. 19 of 2010 s. 51.]
[Heading inserted: No. 19 of 2010 s. 44(2).]