Unfair Contract terms
On 14 March 2013, the Australian Competition & Consumer Commission (ACCC) published a report highlighting the result of the review of unfair contract terms.
The report includes a summary of its findings and identifies a number of contract clauses and practices with which ACCC has concerns.
The following provisions were of particular concern to ACCC and identify amendments ACCC commonly recommends:-
- Contract terms that allow the business to change the contract without consent from the consumer.
- Terms that cause confusion about any agency arrangements that apply and that seek to unfairly absolve the agent from liability.
- Terms that unfairly restrict the consumer’s right to terminate the contract.
- Terms those suspend or terminate the services being provided to the consumer under the contract.
- Terms that make the consumer liable for things that would ordinarily be outside of their control.
- Terms that prevent the consumer from relying on representations made by the business or its agents.
- Terms seeking to limit consumer guarantee rights.
- Terms that remove a consumer’s credit card chargeback rights when buying the service through an agent.
Feel free to contact me
if you have any contracts to which any of the above may apply