Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p12
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 26449–29076

liability of that seller to the consumer; or
        (ii) the day on which a proceeding was instituted by the consumer against that seller in respect of that liability or, if more than one such proceeding was instituted, the day on which the first such proceeding was instituted,
whichever was the earlier.
"(3) In an action under a provision of this Division, it is a defence if the defendant proves that the action was not commenced within 10 years after the time of the first supply to a consumer of the goods to which the action relates.

Application of Division not to be excluded or modified
"74k. (1) Any term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) that purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any liability of a person to compensate or indemnify another person that may arise under this Division, is void.
"(2) A term of a contract shall not be taken to exclude, restrict or modify the application of a provision of this Division unless the term does so expressly or is inconsistent with that provision.
"(3) Nothing in this section applies to a term of a contract referred to in sub-section 74l (4).

Limitation in certain circumstances of liability of manufacturer to seller
"74l. (1) Notwithstanding section 74h but subject to this section, in the case of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability under that section of a manufacturer to a seller is limited to a liability to pay to the seller an amount equal to—
     (a) the cost of replacing the goods;
     (b) the cost of obtaining equivalent goods; or
     (c) the cost of having the goods repaired,
whichever is the lowest amount.
"(2) Sub-section (1) does not apply in relation to particular goods if the seller establishes that it is not fair or reasonable for the liability of the manufacturer in respect of those goods to be limited as mentioned in sub-section (1).
"(3) In determining for the purposes of sub-section (2) whether or not it is fair or reasonable for the liability of a manufacturer to a seller in respect of goods to be limited as mentioned in sub-section (1), a court shall have regard to all the circumstances of the case and, in particular, to—
     (a) the availability of suitable alternative sources of supply of the goods;
     (b) the availability of equivalent goods; and
     (c) whether the goods were manufactured, processed or adapted to the special order of the seller.
"(4) This section