Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32KA

Terms implied in contracts of supply of both services and goods

32KA. Terms implied in contracts of supply of both services and goods



(1) A term of a contract of supply of both goods and services is to be treated
for the purposes of this Part as a condition of that contract if the term-

   (a)  would be a condition of the contract if it were a contract of supply
        only of the goods; or

   (b)  would be a condition of the contract if it were a contract of supply
        only of the services.

(2) Subsection (1) does not apply if, having regard to the contract as a
whole, it is shown that the term ought not to be treated as a condition of the
contract.



(3) For the purposes of this section, a statement in a contract of supply to
the effect that a term is not a condition does not of itself establish that
the term should not be treated as a condition.

(4) Despite anything to the contrary in subsection (1), a reference in that
subsection to a supply of goods includes a reference to the supply of
materials in connection with a supply of services.

(5) Subsection (4) does not apply to materials supplied in connection with a
supply of services of a professional nature provided by a qualified architect
or engineer, other than in relation to the condition of merchantable quality
contained in section 32I.