Bus LAW - ACL: What guarantees does a business have, that a consumer would have, in supply of goods contract?

[kendrix]

This is the scenario:
- Adam (buyer) asks John (Seller) if the photocopier (less than $40,000) he is looking at will be suitable for performing at a efficient and fast rate that will be up to standard for use in his office (his business).
- Seller confirms that this will be sufficient for that purpose. The buyer then accepts and makes the purchase
- The buyer later finds out that the photocopier is not at all suitable for this type of use as it is jamming and not working nearly as fast as he would have hoped. He will be losing profits from this.

- The buyer would like to know what remedies might be available under The Competition and Consumer Act 2010 (AUSTRALIA). Please advise him.

The question basically asks about whether or not he has a guarantee as to "Fitness for disclosed purpose"... which is for "consumers contracts" which are only for goods that are the kind ordinarily acquired for PERSONAL, DOMESTIC, OR HOUSEHOLD USE ... which obviously makes this contract a business contract and not a consumer one.

it also asks whether there are any "exclusion statements" that could be used by the seller to exclude liability... and what remedies will be available for misrepresentation...

Where does the Competition and Consumer Act 2010 apply to the SUPPLY OF GOODS to a business.. I can find the supply of goods from manufacturer to a supplier.. .but the plaintiff in this case is NOT a supplier.. but simply wants to use it in his business..


I wondering if anybody could help me out here with the current legislation that is relevant to this particular scenario?