Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32LA

Contract cannot exclude liability for damages

32LA. Contract cannot exclude liability for damages

Subject to sections 32MA and 32N, a contract of supply of goods or services or
a provision in or that relates to a contract of supply of goods or services is
void if the contract or provision-

   (a)  excludes, restricts or modifies or purports to have the effect of
        excluding, restricting or modifying liability for damages in respect
        of a breach by a supplier of a condition or warranty implied by this
        Part in a contract; or

   (b)  limits or purports to have the effect of limiting the amount of
        damages that may be recovered by a purchaser in respect of a breach by
        a supplier of a condition or warranty implied by this Part in a
        contract; or

   (c)  requires a purchaser to indemnify a supplier in respect of damages
        payable for breach of a condition or warranty implied by this Part in
        a contract; or



   (d)  provides that a purchaser is not entitled to damages, or is entitled
        only to a limited amount of damages, in respect of a breach by a
        supplier of a condition or warranty implied by this Part in a contract
        unless the purchaser takes such steps or follows such procedures as,
        but for the provision, a purchaser would not reasonably be expected to
        take or follow.