Consumer rights Reforming statutory implied conditions and warranties

F Australian statutory conditions and warranties provisions

	Cth	NSW	Qld	Vic	WA	SA	Tas	NT	ACT
	TPA	FTA	SGA	FTA	FTA	CTA	SGA	CAFTA	SGA
Implied conditions and warranties
Right to sell the goods, the goods are unencumbered and the consumer has the right to quiet enjoyment	69	40O	15	32G 32GA	36 12 (SGA)	6	17	62	17
Goods will comply with their description	70	40P	16	32H	37 13 (SGA)	6(3)	18	63	18
Goods will be of merchantable quality and fit for the purpose	71	40Q	17	32I 32A	38 14 (SGA)	6(4)	19	64	19
Goods will comply with a sample	72	40R	18	32HA	39 15 (SGA)	6(4)(b)	20	65	20
Services will be rendered with due care and skill and goods supplied with the service will be fit for purpose; services will be fit for the purpose	74	40S		32J 32JA	40	7		66
Exclusion of implied terms
Choice of laws clause; laws of other jurisdictions	67				4(3)	3
Contract terms that attempt to exclude, restrict or modify the application of implied conditions and warranties	68	40M		32L	34	8		68
Limited liability for breach of certain conditions or warranties	68A			32MA	35			69
Limited liability in relation to supply of recreational services	68B	40M(3)		32N				68A
Rights of action against manufacturers and importers
Actions in respect of unsuitable goods	74B	40U						73
Actions in respect of false descriptions	74C	40V						74
Actions in respect of goods of unmerchantable quality	74D	40W						75
Actions in respect of non correspondence with samples	74E	40X						76
Failure to provide facilities for repairs or parts	74F	40Y						77
Non compliance with express warranty	74G	40Z						78
Right of seller to recover against manufacturer or importer	74H	40ZA						79
Time for commencing actions — three years	74J	40ZB						80
Application of Division cannot be excluded	74K	40ZC						81
Limitation of liability of manufacturer to seller	74L							82

CTA: Consumer Transactions Act 1972 (SA)
G Comparison of Australian conditions and warranties provisions

	Cth	NSW	Qld	Vic	WA	SA	Tas	NT	ACT
^281	TPA	FTA	SGA	FTA	FTA	CTA/MWA	SGA	CAFTA	SGA
Terms can be excluded
Liability can be limited
The provisions apply to all sellers or suppliers (regardless of whether corporation or natural person)
The provisions apply to sale by auction
^282^283The provisions apply to private sales
The provisions apply for the benefit of all buyers
^284The provisions are limited to ’consumer’ goods or consumers
The provisions apply to commercial road vehicles
The provisions apply to supply of goods by lease, hire or exchange
The provisions are limited to ‘consumer’ services or consumers
The implied terms apply (or cannot be limited) in relation to:
^285(a) services provided by qualified architects or engineers
(b) recreational services
(c) services in respect of insurance, transport and storage for business
There is a statutory remedy for breach
^286There is direct liability against manufacturers

H International approaches