The clarity of the regime has arguably been improved in some respects, particularly with the introduction of a new standard of 'acceptable quality', replacing that of 'merchantable quality
', and by requiring traders at least to alert consumers to the possible overlap between statutory consumer guarantees and the 'extended warranties' sometimes purchased by consumers in conjunction with goods.
(d) Part V, Division 2A: imposing strict liability on manufacturers and importers, such that goods must be of merchantable quality
and fit for purpose; and
Kirkdale's after-sales manager Karen Phillips said: "I cannot agree that the suite purchased was not of merchantable quality
and indeed it is fit for the purpose for which it was intended."
It is not clear, in law, what is meant by merchantable quality
. However, it appears to imply that any goods sold must -- based on their description -- meet the reasonable expectations of the buyer.
The consumers are entitled to compensation if the goods they buy are not of merchantable quality
, are not fit for their purpose, do not match the description or sample, have detects, the spare parts and repairs for the product are not available, etc.
Current legislation provides that where goods are sold, there is an implied condition that they must be of merchantable quality
. The definition given of "merchantable quality
" is that goods must be fit for the purpose for which they are actually bought.
For example, the provision on merchantable quality
in the United Kingdom Sale of Goods Act 1979 reads as follows:
In interpreting Sections 74B and 74D of the Trade Practices Act 1974, the court (at both first instance and on appeal), held that a cardiac pacemaker was not of merchantable quality
in circumstances where the device in question had never failed or otherwise malfunctioned.
In a High Court writ the duke's lawyers allege that Cessna and its agents failed to design, make, service and sell an aircraft of merchantable quality
He said that while the beetles were harmless, their presence would render the sweets not of merchantable quality
Few contracts for the supply or maintenance of such services or systems will contain specific guarantees that the equipment is Millennium compliant, but they may include warranties that the equipment is of merchantable quality
and fit for its intended pu rpose.