Part 2 Unfair Terms (ss 61-76)
Part 2 Unfair Terms (ss 61-76)

61 Contracts and notices covered by this Part

(1)     This Part applies to a contract between a trader and a consumer.

(2)     This does not include a contract of employment or apprenticeship.

(3)     A contract to which this Part applies is referred to in this Part as a “consumer contract”.

(4)     This Part applies to a notice to the extent that it—

(a)     relates to rights or obligations as between a trader and a consumer, or

(b)     purports to exclude or restrict a trader's liability to a consumer.

(5)     This does not include a notice relating to rights, obligations or liabilities as between an employer and an employee.

(6)     It does not matter for the purposes of subsection (4) whether the notice is expressed to apply to a consumer, as long as it is reasonable to assume it is intended to be seen or heard by a consumer.

(7)     A notice to which this Part applies is referred to in this Part as a “consumer notice”.

(8)     In this section “notice” includes an announcement, whether or not in writing, and any other communication or purported communication.


62 Requirement for contract terms and notices to be fair

(1)     An unfair term of a consumer contract is not binding on the consumer.

(2)     An unfair consumer notice is not binding on the consumer.

(3)     This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.