South Australian Consolidated Acts

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CONSUMER TRANSACTIONS ACT 1972 - SECT 8

8—Exclusion etc of implied terms

        (1)         The conditions and warranties to be implied in a consumer contract under this Act may not be excluded, limited or modified by agreement.

        (2)         Any other condition or warranty to be implied in a consumer contract may (subject to any other enactment or rule of law) be excluded, limited or modified by agreement.

        (3)         In legal proceedings, a purported exclusion, limitation or modification of a condition or warranty that is capable of exclusion, limitation or modification will be regarded as ineffectual unless it is proved that before the formation of the contract the attention of the consumer was drawn specifically to that exclusion, limitation or modification.



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