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Commentary

195.3 Presumption that where there is fault it was present at date of supply

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

195.3 Presumption that where there is fault it was present at date of supply

| Commentary

195.3 Presumption that where there is fault it was present at date of supply

Where digital content does not conform to the contract at any time within 6 months of its supply, then there is a presumption that the digital content did not conform at the date of supply1. This presumption does not apply where:

  1. 195.3.1

        it is established that the digital contents did conform to the contract when supplied; or

  2. 195.3.2

        the presumption is not compatible with the nature of the digital content or ‘how it fails to conform to the contract’2.

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