In an NCAT matter a horse's behaviour making him unfit for purpose within a month from sale, was deemed by the member as excluded from the ACL guarantee because the nature of the horse being an animal meant that anything could have happened to it to make it become unfit so soon after sale. He argued that the applicant had to prove there was something wrong with the horse prior to sale for the guarantee to apply. Where does that leave the ACL 's that a customer should expect a product to last in its performance for a reasonable amount of time after purchase?