5.12 Warranty by a Supplier

(2 credits)

Buy More Credits

SKU: 512 Category:


This is a warranty against defects with relief subject to conditions. Section 56(1) of the CPA is relevant since it relates to implied warranties of quality. It states as follows:
56(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in Section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control of the producer or importer, a distributor or the retailer, as the case may be.
56(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in Section 55 and the supplier must, at the discretion of the consumer, either-
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund to the consumer the price paid by the consumer, for the goods. The section will not apply if the warranty relates to a once-off transaction by a non-trader.