Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_260
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 260
Character Range: 371822–373029

260  When a failure to comply with a guarantee is a major failure

  A failure to comply with a guarantee referred to in section 259(1)(b) that applies to a supply of goods is a major failure if:
 (a) the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or
 (b) the goods depart in one or more significant respects:
 (i) if they were supplied by description—from that description; or
 (ii) if they were supplied by reference to a sample or demonstration model—from that sample or demonstration model; or
 (c) the goods are substantially unfit for a purpose for which goods of the same kind are commonly supplied and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose; or
 (d) the goods are unfit for a disclosed purpose that was made known to:
 (i) the supplier of the goods; or
 (ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the goods were conducted or made;
  and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose; or
 (e) the goods are not of acceptable quality because they are unsafe.