Section 35 | Digital content to be fit for particular purpose

(1)Subsection (3) applies to a contract to supply digital content if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.

(2)Subsection (3) also applies to a contract to supply digital content if—

(a)the digital content was previously sold by a credit-broker to the trader,

(b)the consideration or part of it is a sum payable by instalments, and

(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the digital content.

(3)The contract is to be treated as including a term that the digital content is reasonably fit for that purpose, whether or not that is a purpose for which digital content of that kind is usually supplied.

(4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.

(5)A contract to supply digital content may be treated as making provision about the fitness of the digital content for a particular purpose as a matter of custom.

(6)See section 42 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.