Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 34

34 .         Application of provisions to contracts not to be excluded or modified (TPA s. 68)

        (1)         Any term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) that purports to exclude, restrict or modify or has the effect of excluding, restricting or modifying — 

            (a)         the application of all or any of the provisions of this Part;

            (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,

                is void.

        (2)         A term of a contract shall 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.



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