Clause 3

by deleting subsection (2) and substituting the following subsections:“(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality.(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods:

fitness for all the purposes for which goods of the kind in question are commonly supplied;

appearance and finish;

freedom from minor defects;

safety; and

durability.(2C) The condition implied by subsection (2) does not extend to any matter making the quality of goods unsatisfactory —

which is specifically drawn to the buyer’s attention before the contract is made;

where the buyer examines the goods before the contract is made, which that examination ought to reveal; or

in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.”; and

by deleting subsection (6).