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Version status: In force | Document consolidation status: No known changes
Version date: 29 November 2022 - onwards
Version 2 of 2

39. Exclusion or limitation of liability of trader (Part 2)

(1) A term of a sales contract or of any other contract between a consumer and a trader shall not exclude or restrict the trader's liability under any of the following provisions:

(a) section 14 (right to terminate sales contract where trader has no right to sell);

(b) section 15 (goods to be in conformity with sales contract);

(c) section 16 (goods to be free from charge and other encumbrance);

(d) section 17 (subjective requirements for conformity with sales contract);

(e) section 18 (objective requirements for conformity with sales contract);

(f) section 19 (incorrect installation of goods);

(g) section 20 (implied terms of sales contract);

(h) section 21 (liability of trader under sales contract);

(i) section 22 (burden of proof under sales contract);

(j) section 35 (passing of risk);