7 Meaning of acceptable quality

(1)

For the purposes of section 6, goods are of acceptable quality if they are as—

(a)

fit for all the purposes for which goods of the type in question are commonly supplied; and

(b)

acceptable in appearance and finish; and

(c)

free from minor defects; and

(d)

safe; and

(e)

durable,—

as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—

(f)

the nature of the goods:

(g)

the price (where relevant):

(h)

any statements made about the goods on any packaging or label on the goods:

(ha)

the nature of the supplier and the context in which the supplier supplies the goods:

(i)

any representation made about the goods by the supplier or the manufacturer:

(j)

all other relevant circumstances of the supply of the goods.

(2)

Where any defects in goods have been specifically drawn to the consumer’s attention before he or she agreed to the supply, then notwithstanding that a reasonable consumer may not have regarded the goods as acceptable with those defects, the goods will not fail to comply with the guarantee as to acceptable quality by reason only of those defects.

(3)

Where goods are displayed for sale or hire, the defects that are to be treated as having been specifically drawn to the consumer’s attention for the purposes of subsection (2) are those disclosed on a written notice displayed with the goods.

(4)

Goods will not fail to comply with the guarantee of acceptable quality if—

(a)

the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and

(b)

the goods would have complied with the guarantee of acceptable quality if they had not been used in that manner or to that extent.

(5)

A reference in subsections (2) and (3) to a defect means any failure of the goods to comply with the guarantee of acceptable quality.

Compare: Consumer Products Warranties Act 1977 ss 2(a), 34 (Saskatchewan)

Section 7(1)(ha): inserted, on 17 June 2014, by section 8 of the Consumer Guarantees Amendment Act 2013 (2013 No 144).