South Australian Consolidated Acts South Australian Consolidated Acts12—Presumption against amendment of contracts
(1) The making of a
Year 2000 disclosure statement is taken not to amend, alter or vary a contract
unless—
(a)
both—
(i)
the parties to the contract have expressly agreed to the
amendment, alteration or variation; and
(ii)
that agreement satisfies one of the conditions set out in
subsection (2); or
(b) the
contract expressly provides for the amendment, alteration or variation by way
of the making of a Year 2000 disclosure statement.
(2) The conditions
referred to in subsection (1)(a)(ii) are as follows:
(a) the
agreement is made in writing;
(b) the
agreement is embodied in a data storage device and is capable of being
reproduced in writing from that device (with or without the aid of any other
article or device);
(c) the
agreement is made by way of one or more electronic communications of writing.
(3) No action under
this section can affect the operation of a condition or warranty that is taken
to form part of a contract by virtue of the provisions of another Act.