Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p9
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 19322–21984

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 action to ensure that the consumer acquiring the goods would be given notice at or before the time when he acquired the goods that—
    (a) the corporation did not promise that facilities for the repair of the goods, or that parts for the goods, would be available; or
    (b) the corporation did not promise that facilities for the repair of the goods, or that parts for the goods, would be available after a specified period, being a period that expired before the relevant time.
"(3) Where the corporation took reasonable action to ensure that the consumer acquiring the goods would be given notice at or before the time when he acquired the goods that the corporation did not promise that—
    (a) facilities for the repair of the goods, being facilities of a kind specified in the notice, would be available;
    (b) parts for the goods, being parts of a kind specified in the notice, would be available; or
    (c) facilities for the repair of the goods would be available at, or parts for the goods would be available from, a place or places specified in the notice,
the corporation is not liable to compensate the consumer for loss or damage suffered by the consumer by reason of the failure of the corporation to ensure that facilities of the kind specified in the notice, or parts of the kind specified in the notice, were available, or that facilities for the repair of the goods were available at, or parts for the goods were available from, a place or places specified in the notice, as the case may be.
"(4) In determining whether a corporation acted unreasonably in failing to ensure that facilities for the repair of goods were, or that a part was, reasonably available to the consumer at the relevant time, a court shall have regard to all the circumstances of the case, and in particular to the existence, at the relevant time, of circumstances that prevented those facilities or that part being so available, being circumstances beyond the control of the corporation.

Actions in respect of noncompliance with express warranty
"74g. (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) the corporation fails to