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Exclusion Clauses and the Australian Consumer Law

Typical Exclusion Clauses

The Australian Consumer Law*

( *Schedule 2 of the Competition and Consumer Act 2010 (Cth))

All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly herein contained, applies to the product to which the guarantee relates, or any accessory or part thereof.

Conditions and warranties implied and the rights and remedies created by the Australian Consumer Law cannot be excluded – see Schedule 2 Competition and Consumer Act 2010 (Cth), s 64A. Any attempt to do so is made void by the terms of the Act, and makes the company liable to prosecution under the Act.

The company accepts no responsibility for loss or damage through any cause whatsoever.

Under section 60 of the Australian Consumer Law, contracts for the supply of services to consumers contain an implied warranty that the services will be rendered with due care and skill. This warranty cannot be excluded, so the clause is void.

We exchange goods or give credit but do not refund money. If a company supplies goods directly to consumers, those consumers have a non-excludable right under section 261 of the Australian Consumer Law to return the goods and obtain a refund where there has been a breach of a condition implied by the Act.

Service will not be available under this warranty unless the form below is completed and returned to the registered office of the company within fourteen days from the date of purchase.

Under section 64, failure to return the registration card does not extinguish a consumer's statutory rights.
New products are covered by this warranty for a period of 12 months. Consumer's rights under section 54 extend beyond the stated warranty period and may be exercised if there are, for example, inherent defects which appear after the expiration of that period.
Exclusion Clauses and the Australian Consumer Law  :  Last Revised: Mon Oct 15th 2012
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