Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_22:p2
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 22 (pt 2/4)
Character Range: 76725–79487

supplier should have foreseen would not be apparent to the business consumer); and
 (j) if there is a contract between the supplier and the business consumer for the supply of the goods or services:
 (i) the extent to which the supplier was willing to negotiate the terms and conditions of the contract with the business consumer; and
 (ii) the terms and conditions of the contract; and
 (iii) the conduct of the supplier and the business consumer in complying with the terms and conditions of the contract; and
 (iv) any conduct that the supplier or the business consumer engaged in, in connection with their commercial relationship, after they entered into the contract; and
 (k) without limiting paragraph (j), whether the supplier has a contractual right to vary unilaterally a term or condition of a contract between the supplier and the business consumer for the supply of the goods or services; and
 (l) the extent to which the supplier and the business consumer acted in good faith.

 (3) Without in any way limiting the matters to which the court may have regard for the purpose of determining whether a person (the acquirer) has contravened subsection (1) in connection with the acquisition or possible acquisition of goods or services from another person (the small business supplier), the court may have regard to:
 (a) the relative strengths of the bargaining positions of the acquirer and the small business supplier; and
 (b) whether, as a result of conduct engaged in by the acquirer, the small business supplier was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the acquirer; and
 (c) whether the small business supplier was able to understand any documents relating to the acquisition or possible acquisition of the goods or services; and
 (d) whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the small business supplier or a person acting on behalf of the small business supplier by the acquirer or a person acting on behalf of the acquirer in relation to the acquisition or possible acquisition of the goods or services; and
 (e) the amount for which, and the circumstances in which, the small business supplier could have supplied identical or equivalent goods or services to a person other than the acquirer; and
 (f) the extent to which the acquirer's conduct towards the small business supplier was consistent with the acquirer's conduct in similar transactions between the acquirer and other like small business suppliers; and
 (g) the requirements of any applicable industry code; and
 (h) the requirements of any other industry code, if the small business supplier acted on the reasonable belief that the acquirer