Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_280:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 280 (pt 2/2)
Character Range: 2791323–2792619

referred to in section 278(1); and
 (ii) the supplier might be unable to meet the supplier's liabilities as and when they fall due.
 (4) In joint liability proceedings, a linked credit provider is not liable to a consumer under section 278 if:
 (a) the proceedings relate to a contract of sale in relation to which a tied continuing credit contract entered into by the linked credit provider applies; and
 (b) the credit provider establishes the matter referred to in subsection (5), having regard to:
 (i) the nature and volume of business carried on by the credit provider; and
 (ii) such other matters as appear to be relevant in the circumstances of the case.
 (5) The matter for the purposes of subsection (4) is that the linked credit provider, before first becoming aware of:
 (a) the contract of sale referred to in paragraph (a) of that subsection; or
 (b) proposals for the making of such a contract;
had not had cause to suspect that a person entering into such a contract with the supplier might be entitled to claim damages against, or recover a sum of money from, the supplier for a misrepresentation, breach, failure of consideration, failure to comply with a guarantee, or a breach of a warranty, referred to in section 278(1).
 (6) This section has effect despite section 278(1).