New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 40ZC

Application of Division not to be excluded or modified

40ZC Application of Division not to be excluded or modified

(TPA s 74K)

(1) Any term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) that:
(a) purports to exclude, restrict or modify, or
(b) has the effect of excluding, restricting or modifying,
any liability of a person to compensate or indemnify another person that may arise under this Division, is void.
(2) A term of a contract is not to be taken to exclude, restrict or modify the application of a provision of this Division unless the term does so expressly or is inconsistent with that provision.



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