Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p8
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 16905–19574

goods have a defect, rendering them unmerchantable, that is not, or would not be, apparent on reasonable examination of the sample; and
    (e) the consumer suffers loss or damage by reason that the bulk does not correspond with the sample in quality or by reason that the goods have that defect,
the corporation is liable to compensate the consumer for the loss or damage and the consumer may recover the amount of the loss or damage by action against the corporation in a court of competent jurisdiction.
"(2) Sub-section (1) does not apply where—
    (a) the sample is not supplied by the corporation;
    (b) the supply by sample is made without the express or implied concurrence of the corporation; or
    (c) the failure of the bulk of the goods to correspond with the sample in quality or the existence of the defect is due to—
       (i) an act or default of any person (not being the corporation or a servant or agent of the corporation), or a cause independent of human control, occurring after the goods have left the control of the corporation; or
       (ii) other circumstances that were beyond the control of the corporation and that it could not reasonably be expected to have foreseen.

Actions in respect of failure to provide facilities for repairs or parts
"74f. (1) Where—
    (a) a corporation, in trade or commerce, supplies goods manufactured by the corporation to another person who acquires the goods for re-supply;
    (b) a person (whether or not the person who acquired the goods from the corporation) supplies the goods (otherwise than by way of sale by auction) to a consumer;
    (c) at a time (in this section referred to as the 'relevant time') after the acquisition of the goods by the consumer—
       (i) the goods require to be repaired but facilities for their repair are not reasonably available to the consumer; or
       (ii) a part is required for the goods but the part is not reasonably available to the consumer;
    (d) the corporation acted unreasonably in failing to ensure that facilities for the repair of the goods were, or that the part was, reasonably available to the consumer at the relevant time; and
    (e) the consumer suffers loss or damage by reason of the failure of the corporation to ensure that facilities for the repair of the goods were, or that the part was, reasonably available to the consumer at the relevant time,
the corporation is liable to compensate the consumer for the loss or damage and the consumer may recover the amount of the compensation by action against the corporation in a court of competent jurisdiction.
"(2) Sub-section (1) does not apply where the corporation took reasonable