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Commentary

118 Can terms implied by 1982 Act be excluded?

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

118 Can terms implied by 1982 Act be excluded?

| Commentary

118 Can terms implied by 1982 Act be excluded?

Any right, duty or liability arising under a contract for the supply of a service by virtue of the Supply of Goods and Services Act 1982 Sections 12–16 can be negatived or varied by:

  1. 118.1

        express agreement; or

  2. 118.2

        the course of dealing between the parties; or

  3. 118.3

        such usage as binds both parties to the contract1.

For an express term to negative a term implied by Sections 12–16, the express term must be inconsistent with the term implied by the Act2.

Section 16(1) is also subject to the Unfair Contract Terms Act

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