Consumer Guarantees Act 1993

8 Guarantees as to fitness for particular purpose

(1)

Subject to section 41, the following guarantees apply where goods are supplied to a consumer:

(a)

that the goods are reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier as the purpose for which the goods are being acquired by the consumer; and

(b)

that the goods are reasonably fit for any particular purpose for which the supplier represents that they are or will be fit.

(2)

Those guarantees do not apply where the circumstances show that—

(a)

the consumer does not rely on the supplier’s skill or judgment; or

(b)

it is unreasonable for the consumer to rely on the supplier’s skill or judgment.

(3)

This section applies whether or not the purpose is a purpose for which the goods are commonly supplied.

(4)

Part 2 gives the consumer a right of redress against the supplier where the goods fail to comply with any guarantee in this section.

Compare: 1908 No 168 s 16(a); 1971 No 147 s 13