Commentary

175.4 Presumption that where there is fault it was present at the date of delivery

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

175.4 Presumption that where there is fault it was present at the date of delivery

| Commentary

175.4 Presumption that where there is fault it was present at the date of delivery

For the purposes of the right to repair or replacement and the right to a price reduction or final right to reject1, goods which do not conform to the contract at any time within 6 months of their delivery are assumed to not conform from the day of delivery2.

This presumption does not apply where:

  1. 175.4.1

        where it is established that the goods did conform to the contract on the day of delivery; or

  2. 175.4.2

        the presumption is not compatible

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