Victorian Consolidated Legislation

Fair Trading Act 1999 - SCHEDULE 2

CONTACT SALES AGREEMENTS/ TELEPHONE MARKETING AGREEMENTS PART 1-NOTICE TO
PURCHASER The following notice is to appear on the front page of a contact
sales agreement or telephone marketing agreement document and, in the case of
a contact sales agreement, must be signed by the purchaser: "IMPORTANT NOTICE
TO THE PURCHASER YOU HAVE A RIGHT TO CANCEL THIS AGREEMENT WITHIN 10 DAYS FROM
AND INCLUDING-

* IN THE CASE OF A CONTACT SALES AGREEMENT (for example, a door-to-door sale),
THE DAY YOU SIGNED THE AGREEMENT; OR

* IN THE CASE OF A TELEPHONE MARKETING AGREEMENT (that is, an agreement made
over the telephone), THE DAY YOU RECEIVED THE AGREEMENT DOCUMENT. (*Cross out
whichever does not apply)

IMPORTANT DETAILS ABOUT YOUR RIGHTS ARE SET OUT IN THE CANCELLATION NOTICE
PROVIDED WITH THIS DOCUMENT.

Signed by the Purchaser: _____________________ Date:
_________________________" PART 2-CANCELLATION NOTICE A Cancellation Notice in
the following form must accompany a contact sales agreement or a telephone
marketing agreement document: 'CANCELLATION NOTICE (supplier or supplier's
agent details and date and details of agreement must be completed by supplier
or supplier's agent) TO THE SUPPLIER or SUPPLIER'S AGENT: Supplier or
supplier's agent's name: Supplier or supplier's agent's address: Supplier or
supplier's agent's facsimile number (if any): Date of Agreement: Details of
goods or services to be supplied under Agreement:

I WISH TO CANCEL THIS AGREEMENT.

If this is an agreement for the supply of goods:



*I RETURN THE GOODS WITH THIS NOTICE or

*THE GOODS CAN BE COLLECTED FROM THE
FOLLOWING ADDRESS:_____________________ (*Cross out whichever does not apply)

Signed by the Purchaser: ____________ Date: _________________

(The wording below must appear in bold capital print or type, of a size at
least as large as the largest print or type appearing on any other part of the
notice)

"NOTICE TO THE PURCHASER WANTING TO CANCEL THIS AGREEMENT IF YOU WISH TO
CANCEL THIS AGREEMENT-
ö PLEASE SIGN AND DATE THIS NOTICE OF CANCELLATION AND- o LEAVE THE NOTICE AT
THE SUPPLIER'S OR SUPPLIER'S AGENT'S ADDRESS; OR o POST IT TO THE SUPPLIER OR
THE SUPPLIER'S AGENT'S ADDRESS; OR o FAX IT TO THE FAX NUMBER SET OUT IN THIS
NOTICE; OR
ö COMPLY WITH ONE OF THE FOLLOWING OTHER PERMITTED MEANS OF NOTIFYING A
CANCELLATION- o IN THE CASE OF A CONTACT SALES AGREEMENT, IN ANY MANNER
REPRESENTED TO YOU BY THE SUPPLIER OR THE SUPPLIER'S AGENT AT THE TIME OF
ENTERING THE AGREEMENT o IN THE CASE OF A TELEPHONE MARKETING AGREEMENT, BY
TELEPHONING THE SUPPLIER OR THE SUPPLIER'S AGENT.

THIS MUST BE DONE WITHIN 10 DAYS FROM AND INCLUDING THE DAY YOU- o SIGNED THE
AGREEMENT (IN THE CASE OF A CONTACT SALES AGREEMENT); OR o RECEIVED THE
AGREEMENT DOCUMENT (IN THE CASE OF A TELEPHONE MARKETING AGREEMENT) ("THE
COOLING-OFF PERIOD").

YOU MAY STILL BE REQUIRED TO PAY A FAIR PRICE FOR GOODS WHICH CANNOT BE
RETURNED TO THE SUPPLIER UNLESS YOU ENTERED INTO THE AGREEMENT BECAUSE THE
SUPPLIER OR THE SUPPLIER'S AGENT MADE A FALSE OR MISLEADING REPRESENTATION
ABOUT YOUR NEED FOR THE GOODS. THE SUPPLIER OR THE SUPPLIER'S AGENT MUST NOT
REQUIRE YOU TO PAY FOR SERVICES PROVIDED TO YOU DURING THE COOLING-OFF PERIOD
(UNLESS, IN THE CASE OF A TELEPHONE MARKETING AGREEMENT, THE SERVICES ARE
BEING PROVIDED TO YOU ON A CONTINUING BASIS). IF YOU CANCEL THIS AGREEMENT
DURING THE COOLING-OFF PERIOD, THE SUPPLIER IS ENTITLED TO APPLY TO THE
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ("VCAT") FOR AN ORDER THAT YOU
HAVE TO PAY A REASONABLE AMOUNT FOR THE SERVICES YOU RECEIVED BEFORE YOU
CANCELLED THE AGREEMENT. YOU WILL NOT BE REQUIRED TO PAY ANYTHING IF VCAT
DECIDES THAT THE SUPPLIER OR THE SUPPLIER'S AGENT HAS BREACHED THE FAIR
TRADING ACT 1999 IN RELATION TO THIS AGREEMENT, FOR EXAMPLE, BY MAKING A FALSE
OR MISLEADING STATEMENT TO YOU ABOUT YOUR NEED FOR THE SERVICES.".
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