Section 139 Federal Competition and Consumer Protection Act
Section 139 of the Federal Competition and Consumer Protection Act 2018 is about Miscellaneous contracts under which goods pass. It is under Part XVI (Duties of Manufacturers, Importers, Distributors and Suppliers of Goods and Services) of the Act.
(1) Where the possession or ownership of goods pass under or in pursuance of a contract, subsections (2), (3) and (4) apply as regards the effect, if any, to be given to contract terms excluding or restricting liability for breach of obligation arising by implication of law from the nature of the contract.
(2) As against a person dealing as a consumer, liability in respect of the goods’ correspondence with description or sample or quality or fitness for any particular purpose shall not be excluded or restricted by reference to any contract term.
(3) As against a person dealing otherwise than as a consumer, liability may be excluded or restricted by reference to a contract term only if the term satisfies the requirement of reasonableness.
(4) Liability in respect of-
(a) the right to transfer ownership of the goods or give possession, or
(b) the assurance of quiet possession to a person taking goods pursuant to a contract, shall not be excluded or restricted by reference to any contract term, except if the term satisfies the requirement of reasonableness.
