South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Part,
unless the contrary intention appears—
"contract to which this Part applies" means a contract to which
this Part applies by virtue of section 14;
"cooling-off period", in relation to a prescribed contract, means the period
of 10 days commencing on and including the day on which the contract is made;
"dealer" means a person who in the course of door-to-door trading—
(a)
enters into negotiations with another person with a view to the making of a
contract for the supply of goods or services to that other person; or
(b)
calls on another person for the purpose of entering into such negotiations,
whether or not that person is or is to be the supplier of the goods or
services;
"door-to-door trading" means the trading practice under which—
(a) a
person—
(i)
goes from place to place; or
(ii)
makes telephone calls,
seeking out persons who may be prepared to enter, as consumers, into contracts
for the supply of goods or services; and
(b) that
person or some other person then or subsequently enters into negotiations with
those prospective consumers with a view to the making of such contracts;
"negotiation" includes any discussion or dealing directed towards the making
of a contract (whether or not the terms of the contract are open to
negotiation);
"prescribed contract" has the meaning assigned by section 16;
"related contract or instrument", in relation to a contract to
which this Part applies, means—
(a) a
contract of guarantee or indemnity that is related to the contract; or
(b) an
instrument related to the contract that creates a mortgage or charge in favour
of the supplier or dealer, or a person nominated by the supplier or dealer; or
(c) any
other contract or instrument (not being an instrument of the kind referred to
in paragraph (b)) that is collateral or related to the contract.
(2) In this
Part—
(a) a
reference to the consumer or supplier under a contract for the supply of goods
or services extends to any person to whom the rights of the original consumer
or supplier under the contract are assigned or transferred, or pass by
operation of law; and
(b) a
reference to negotiation of a contract to which this Part applies is a
reference to negotiation of a contract that would, on its formation, be a
contract to which this Part applies.
(3) For the purposes
of this Part, a contract is a contract for the supply of goods or services to
a person (being a party to the contract) if it provides for the supply of
goods or services either to that person or to some other person but on the
order of that person.