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

132. Consumer contract terms that are always unfair

(1) Subject to subsections (2) and (3), a term of a consumer contract shall always be unfair if its object or effect is -

(a) to exclude or limit the liability of a trader for the death of or personal injury to a consumer arising from an act or omission of the trader,

(b) to require a consumer to pay for goods that have not been delivered or digital content, a digital service or a service that has not been supplied,

(c) to impose on a consumer a burden of proof that, according to the applicable law, would otherwise be on a trader,

(d) to exclude or hinder a consumer's right to take legal action or exercise a legal remedy, including by requiring the consumer to take a dispute to an arbitration procedure that is not governed by law,

(e) to require a consumer to bear his or her own costs in respect of any arbitration,

(f) to give a trader the exclusive right to determine whether goods are, or digital content, a digital service or a service is, in conformity with the contract,