Document ID: chunk:federal_register_of_legislation:C2004C01246:clause:2_12ed
Version: federal_register_of_legislation:C2004C01246
Segment Type: clause
Provision Reference: sch 2 cl 12ED
Character Range: 83032–84471

12ED  Warranties in relation to the supply of financial services

 (1) In every contract for the supply of financial services by a corporation to a consumer in the course of a business, there is an implied warranty that:
 (a) the services will be rendered with due care and skill; and
 (b) any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied.

 (2) If:
 (a) a corporation supplies financial services to a consumer in the course of a business; and
 (b) the consumer, expressly or by implication, makes known to the corporation:
 (i) any particular purpose for which the services are required; or
 (ii) the result that he or she desires the services to achieve;
there is an implied warranty that:
 (c) the services supplied under the contract for the supply of the services; and
 (d) any materials supplied in connection with those services;
will be reasonably fit for that purpose or are of such a nature and quality that they might reasonably be expected to achieve that result, except if the circumstances show that the consumer does not rely, or that it is unreasonable for him or her to rely, on the corporation's skill or judgment.

 (3) A reference in this section to financial services does not include a reference to services that are, or are to be, provided, granted or conferred under a contract of insurance.

Subdivision F—Alternative dispute resolution