Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32E

How is cash price determined for contracts generally?

32E. How is cash price determined for contracts generally?



(1) Subject to subsection (2), cash price in section 32D in relation to a
contract of supply of goods or services means the amount paid or payable by
the purchaser for the goods or services.

(2) If under a contract of supply of goods or services, a purchaser purchases
goods or services together with other property or services and a specified
price is not allocated to the goods or services in the contract or agreement,
cash price in section 32D in relation to the goods or services means-

   (a)  the price at which, at the time at which the contract is made, the
        purchaser could have purchased from the supplier the goods or services
        without the other property or services; or

   (b)  if, at the time at which the contract is made, the goods or services
        were not available for purchase from the supplier except together with
        other property or services but, at that time, goods or services of the
        kind purchased were available for purchase from another supplier
        without other property or services-the lowest price at which the
        purchaser could, at that time, reasonably have purchased goods or
        services of that kind from another supplier; or

   (c)  if, at the time at which the contract is made, goods or services of
        the kind purchased were not available for purchase from any supplier
        except together with other property or services-the value of the goods
        or services at that time.

(3) This section does not apply to a contract of supply of goods by way of
lease.