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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 66
Interpretation.
66. (1) In this Division-
(a) a reference to the quality of goods includes a reference to the state
or condition of the goods;
(b) a reference to a contract does not include a reference to a contract
made before the commencing date;
(c) a reference to antecedent negotiations in relation to a contract for
the supply by a corporation of goods to a consumer is a reference to
any negotiations or arrangements conducted or made with the consumer
by another person in the course of a business carried on by the other
person whereby the consumer was induced to make the contract or which
otherwise promoted the transaction to which the contract relates; and
(d) a reference to the person by whom any antecedent negotiations were
conducted is a reference to the person by whom the negotiations or
arrangements concerned were conducted or made.
(2) Goods of any kind are of merchantable quality within the meaning of this
Division if they are as fit for the purpose or purposes for which goods of
that kind are commonly bought as it is reasonable to expect having regard to
any description applied to them, the price (if relevant) and all the other
relevant circumstances.
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