Section 137 Federal Competition and Consumer Protection Act 2018
Section 137 of the Federal Competition and Consumer Protection Act 2018 is about Liability arising from sale or supply of goods not to be excluded. It is under Part XVI (Duties of Manufacturers, Importers, Distributors and Suppliers of Goods and Services) of the Act.
(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage arises from the goods proving defective while in consumer use or results from the negligence of an undertaking concerned in the manufacture or distribution of the goods, liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.
(2) For the purpose of this section-
(a) goods are to be regarded as “in consumer use” when a person is using them or has them in his possession for use, otherwise than exclusively for the purposes of a business; and
(b) anything in writing is a guarantee if it contains or purports to contain some promise or assurance (however worded or presented) that defects will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise.
