Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_129:p2
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 129 (pt 2/2)
Character Range: 939416–940346

that the supplier might be unable to meet the supplier's liabilities as and when they fell due; or
 (c) if the proceedings relate to a contract of sale with respect to which a tied continuing credit contract entered into by the linked credit provider applies, that, having regard to:
 (i) the nature and volume of business carried on by the linked credit provider; and
 (ii) such other matters as appear to be relevant in the circumstances of the case;
  the linked credit provider, before becoming aware of the contract of sale, or of proposals for the making of the contract of sale (whichever the linked credit provider first became aware of), 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 misrepresentation, breach of contract or failure of consideration as referred to in subsection (1).