ADVOKS GLOBAL · KENYA
Competition Act
63. Liability in respect of unsuitable goods
Edition: 2022-12-31 · In force
63. Liability in respect of unsuitable goods
(1)Where—(a)an undertaking, in trade, supplies goods manufactured by the undertaking to another person who acquires the goods for re-supply;(b)a person (whether or not the person who acquired the goods from the undertaking) supplies the goods, otherwise than by way of sale by auction, to a consumer;(c)the goods are acquired by the consumer for a particular purpose that was, expressly or by implication, made known to the corporation, either directly, or through the person from whom the consumer acquired the goods or a person by whom any prior negotiations in connection with the acquisition of the goods were conducted;(d)the goods are not reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied; and(e)the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer suffers loss or damage by reason that the goods are not reasonably fit for that purpose;the undertaking shall be liable to compensate the consumer or that other person for the loss or damage and the consumer or that person may recover the amount of the compensation by action against the undertaking in a court of competent jurisdiction.(2)Subsection (1) shall not apply—(a)if the goods are not reasonably fit for the purpose referred to in subsection (1) by reason of—(i)an act or default of any person (not being the undertaking or a servant or agent of the undertaking; or(ii)a cause independent of human control; occurring after the goods have left the control of the undertaking; or(b)where the circumstances show that the consumer did not rely, or that it was unreasonable for the consumer to rely, on the skill or judgement of the undertaking.