Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p11
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 24116–26680

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 provisions,
the manufacturer is liable to indemnify the seller in respect of the liability of the seller to the consumer and the seller may, in respect of the manufacturer's liability to indemnify the seller, institute an action against the manufacturer in a court of competent jurisdiction for such legal or equitable relief as the seller could have obtained if the liability of the manufacturer to indemnify the seller had arisen under a contract of indemnity made between the manufacturer and the seller.

Time for commencing actions
"74j. (1) Subject to this section, an action under a provision of this Division may be commenced at any time within 3 years after the day on which the cause of action accrued.

"(2) For the purposes of this section, a cause of action shall be deemed to have accrued—
     (a) in the case of an action other than an action under section 74h, on the day on which the consumer first became aware, or ought reasonably to have become aware—
        (i) in the case of an action under section 74b—that the goods were not reasonably fit for the purpose referred to in that section;
        (ii) in the case of an action under section 74c—that the goods did not correspond with the description referred to in that section;
        (iii) in the case of an action under section 74d—that the goods were not of merchantable quality;
        (iv) in the case of an action under section 74e—that the bulk of the goods did not correspond with the sample in quality or the goods had the defect referred to in that section;
        (v) in the case of an action under section 74f—that the goods required to be repaired or that the part was required for the goods, as the case may be; or
        (vi) in the case of an action under section 74g—of the failure of the corporation to comply with the express warranty referred to in that section; or

     (b) in the case of an action under section 74h, on—
        (i) the day, or the first day, as the case may be, on which the seller referred to in that section made a payment in respect of, or otherwise discharged in whole or in part, the liability of that seller to the consumer; or
        (ii) the day on which a proceeding was instituted by the consumer against that seller in respect of that liability or, if more than one such proceeding was instituted, the day on