Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)
Chapter 3 Part 3-2 Division 1: Consumer guarantees – Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2)

Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2) s64: ss 64, 64A and 276 Do not exclude, restrict or modify the consumer guarantees or remedies by contract

A contract term is void to the extent it purports to exclude, restrict or modify the consumer guarantees, the exercise of rights under them or liability for failing to comply (s 64), or the remedies in Part 5-4 (s 276), including terms incorporated by reference. For goods or services not of a kind ordinarily acquired for personal, domestic or household use, a term may limit liability (except for the title guarantees) to replacing, repairing or paying for replacement or repair of goods, or resupplying or paying for resupply of services, unless the buyer shows reliance on the limit is not fair or reasonable (s 64A). A contract cannot displace the guarantees by choosing foreign or State law (s 67). Including a void exclusion also risks misrepresenting consumer rights (s 29(1)(m)).

Maintained by Gerard Blokdyk

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  • 2308 Section 2308 No disclaimer of implied warranties; any duration limit conscionable and prominent

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