Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32L

Contract cannot exclude this Part

32L. Contract cannot exclude this Part



(1) A term of a contract of supply of goods or services (including a term that
is not set out in the contract but is incorporated in the contract by another
term of the contract) is void if the term purports to exclude, restrict or
modify or purports to have the effect of excluding, restricting or modifying-

   (a)  the application in relation to that supply of all or any of the
        provisions of this Part; or

   (b)  the exercise of a right conferred by such a provision; or

   (c)  any liability of the supplier for breach of a condition or warranty
        implied by such a provision.

(2) A term of a contract of supply of goods or services must not be taken to
exclude, restrict or modify the application of a provision of this Part unless
the term does so expressly or is inconsistent with that provision.