Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p10
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 21748–24340

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 comply with an express warranty given or made by the corporation in relation to the goods; and

    (d) the consumer suffers loss or damage by reason of the failure,
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) For the purposes of any action instituted by a consumer against a corporation under this section, where—
    (a) an undertaking, assertion or statement in relation to the quality, performance or characteristics of goods was given or made in connexion with the supply of the goods or in connexion with the promotion by any means of the supply or use of the goods; and
    (b) the undertaking, assertion or statement would, if it had been given or made by the corporation or a person acting on its behalf, have constituted an express warranty in relation to the goods,
it shall be presumed that the undertaking, assertion or statement was given or made by the corporation or a person acting on its behalf unless the corporation proves that it did not give or make, and did not cause or permit the giving or making of, the undertaking, assertion or statement.

Right of seller to recover against manufacturer or importer
"74h. Where—
    (a) a person (in this section referred to as the 'seller') is under a liability to another person (in this section referred to as the 'consumer') in respect of loss or damage suffered by the consumer as a result of a breach of a condition or warranty implied by a provision of Division 2 in a contract for the supply of goods (whether or not the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption) by the seller to the consumer; and
    (b) a third person (in this section referred to as the 'manufacturer')—
       (i) is liable to compensate the consumer in respect of the same loss or damage by reason of a provision of this Division; or
       (ii) in a case where the goods referred to in paragraph (a) are not of a kind ordinarily acquired for personal, domestic or household use or consumption—would, if the provisions of sections 74b, 74c, 74d and 74e applied in relation to those goods, be liable to compensate the consumer in respect of the same loss or damage by reason of any of those