Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p42
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 100740–103411

tender".
(2) The amendment made by sub-section (1) applies only in relation to contracts made after the commencement of this section.

Implied undertakings as to quality or fitness.
41. (1) Section 71 of the Principal Act is amended by omitting from sub-sections (1) and (2) the words "or sale by competitive tender".
(2) The amendments made by sub-section (1) apply only in relation to contracts made after the commencement of this section.

Supply by sample.
42. (1) Section 72 of the Principal Act is amended by omitting the words "or sale by competitive tender".
(2) The amendment made by sub-section (1) applies only in relation to contracts made after the commencement of this section.

Warranties in relation to the supply of services.
43. (1) Section 74 of the Principal Act is amended—
     (a) by omitting from sub-sections (1) and (2) the words "(otherwise than by way of competitive tender)";
     (b) by adding at the end of paragraph (b) of sub-section (3) the word "or"; and
     (c) by omitting paragraphs (c) and (d) of sub-section (3) and substituting the following paragraph:—
        "(c) the transportation of goods otherwise than for the purposes of a business, trade, profession or occupation carried on or engaged in by the person for whom the goods are transported.".
(2) The amendment made by paragraph (1)(a) applies only in relation to contracts made after the commencement of this section.
44. After section 75 of the Principal Act the following section is inserted in Part V: —

Rescission of contracts.
"75a. (1) Where—
     (a) a corporation supplies goods to a consumer in the course of a business; and
     (b) there is a breach of a condition that is, by virtue of a provision of Division 2, implied in the contract for the supply of the goods,
the consumer is, subject to this section, entitled to rescind the contract by—
     (c) causing to be served on the corporation a notice in writing signed by him giving particulars of the breach; or
     (d) causing the goods to be returned to the corporation and giving to the corporation, either orally or in writing, particulars of the breach.
"(2) Where a consumer purports to rescind under this section a contract for the supply of goods by a corporation, the purported rescission does not have any effect if—
     (a) the notice is not served or the goods are not returned within a reasonable time after the consumer has had a reasonable opportunity of inspecting the goods;
     (b) in the case of a rescission effected by service of a notice, after the delivery of the goods to the consumer but before the notice is served—
       (i) the goods were disposed of by the consumer, were