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Freedom from minor defects
.
(d) 
Safety
.
(e) 
Durability
. They have to remain of satisfactory quality for a period which could be expected by a 
reasonable person. 
QUESTION 
Refund
 
Peter buys an electronic keyboard from his local catalogue store. He pays $199 for it. He returns to the 
store the next day complaining that, although the main keys work, none of the pre-set rhythm buttons 
seem to function. He demands an immediate refund. The sales assistant refuses to given him a refund or 
take back the goods, and instead gives him a card with the name and address of the manufacturer, 
suggesting that Peter contacts them to obtain a refund or a replacement. 
(a) 
Was the sales assistant legally justified in refusing to give a refund? Yes/No 
(b) 
Give briefly a reason for your answer. 
ANSWER 
(a) No 
(b) 
Contracts of sale are between the buyer and the seller, not between the buyer and the 
manufacturer. 
 
6.2.8 Fitness of goods for a disclosed purpose 
If you tell a seller (explicitly or by implication) that you intend to use goods for a particular purpose, you 
expect the goods supplied to be reasonably fit for that purpose.
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CHAPTER 2
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THE BUSINESS ENVIRONMENT 
 
37 
This is an implied term, under the Act, unless it can be shown that the seller may not have known 
whether the goods were suitable for a purpose which was not familiar to them and the buyer may have 
been in a better position to tell. 
Like 'satisfactory quality', this condition only applies to goods sold 
in the course of a business
.