› Contractual definition of product specifications
Consumer Law
› Unfair Contract Terms
› Clause permitting substitution of equivalent products
Quick Take
1On the facts, the contractual term 'KDHW' (kiln dried hardwood) and the surrounding contractual documentation did not constitute a promise to supply solid timber doors free of veneer, notwithstanding a brochure reference to 'solid door section – not glued or veneers', when read in the context of the whole contract.
2Where applicants deliberately confine their claim to breach of contract (doors not matching contractual description) rather than alleging the goods were not of acceptable quality under s 54 of the Australian Consumer Law, the Tribunal is bound to determine the case on the issues as put, and the applicants bear the burden of proving the contract required what they assert.
3A builder's untested letter expressing opinions on what a consumer would expect from a product description was given no weight where the author was not called to give evidence and could not be cross-examined.
