January 2011
Goods match description or sample
guarantee
Consumer guarantees
Matching description
Unavoidable differences
As a supplier or manufacturer, you guarantee that the
description of goods – for example, in a catalogue or
television commercial – is accurate.
This guarantee applies even if the differences are
unavoidable, provided they are substantial. For example
if shading, piling or colouring in an installed woollen
carpet is substantially different from the sample used to
sell it, the consumer may be entitled to remedy.
Legal reference: Cavalier Marketing (Australia) Pty Ltd v
Rasell (1990) 96 ALR 375).
If the goods do not match the description – for example
the goods are a different colour or size – the consumer
is entitled to a remedy. A remedy is an attempt to put
right a fault, deficiency or a failure – for example, repair,
replacement and refund.
You cannot argue that the consumer inspected the goods
before purchase and should have picked up any errors in
the description.
This guarantee does not apply to goods bought at
auction.
Matching sample or demonstration
model
You also guarantee goods will match any sample or
demonstration model shown to the consumer. For
example a sample of fabric is used to sell a couch but the
couch delivered to the consumer is a different colour from
the sample. The consumer has a right to a remedy.
Reasonable time to compare the
goods
You must give the consumer a reasonable amount of
time to compare the goods with the original sample. This
does not apply to demonstration models.
For example a car dealer does not need to keep a
demonstration model to allow the consumer to compare
their car to that model. However, a furniture retailer
should keep a sample of the fabric used to sell a couch,
to allow a consumer to compare it with the couch
supplied.
If you show a sample or demonstration model to the
consumer and give a description of the goods, the goods
must match both.
This guarantee does not apply to goods bought at
auction.
Hidden defects
Goods sold by relying on a sample or demonstration
model must not have any hidden defects. If the consumer
does notice any defects, these must not be serious
enough to make the goods of unacceptable quality.
www.fairtrading.nsw.gov.au
Fair Trading enquiries 13 32 20
TTY 1300 723 404
Language assistance 13 14 50
This fact sheet must not be relied
on as legal advice. For more
information about this topic, refer to
the appropriate legislation.
© State of New South Wales through NSW Fair Trading
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