Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_268
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 268
Character Range: 380456–381865

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

  A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is a major failure if:
 (a) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or
 (b) the services are substantially unfit for a purpose for which services 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
 (c) both of the following apply:
 (i) the services, and any product resulting from the services, are unfit for a particular purpose for which the services were acquired by the consumer that was made known to the supplier of the services;
 (ii) the services, and any of those products, cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose; or
 (d) both of the following apply:
 (i) the services, and any product resulting from the services, are not of such a nature, or quality, state or condition, that they might reasonably be expected to achieve a result desired by the consumer that was made known to the supplier;
 (ii) the services, and any of those products, cannot, easily and within a reasonable time, be remedied to achieve such a result; or
 (e) the supply of the services creates an unsafe situation.