Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_61
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 61
Character Range: 136815–138159

61  Guarantees as to fitness for a particular purpose etc.

 (1) If:
 (a) a person (the supplier) supplies, in trade or commerce, services to a consumer; and
 (b) the consumer, expressly or by implication, makes known to the supplier any particular purpose for which the services are being acquired by the consumer;
there is a guarantee that the services, and any product resulting from the services, will be reasonably fit for that purpose.

 (2) If:
 (a) a person (the supplier) supplies, in trade or commerce, services to a consumer; and
 (b) the consumer makes known, expressly or by implication, to:
 (i) the supplier; or
 (ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the services were conducted or made;
  the result that the consumer wishes the services to achieve;
there is a guarantee that the services, and any product resulting from the services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve that result.

 (3) This section does not apply if the circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on, the skill or judgment of the supplier.

 (4) This section does not apply to a supply of services of a professional nature by a qualified architect or engineer.