Consumer Guarantees Act 1993

29 Guarantee as to fitness for particular purpose

Subject to section 41, where services are supplied to a consumer there is a guarantee that the service, and any product resulting from the service, will be—

(a)

reasonably fit for any particular purpose; and

(b)

of such a nature and quality that it can reasonably be expected to achieve any particular result,—

that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the service, as the particular purpose for which the service is required or the result that the consumer desires to achieve, as the case may be, except where the circumstances show that—

(c)

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

(d)

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

Compare: Trade Practices Act 1974 s 74(2) (Aust)