Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_64
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 64
Character Range: 139061–139902

64  Guarantees not to be excluded etc. by contract

 (1) A 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) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying:
 (a) the application of all or any of the provisions of this Division; or
 (b) the exercise of a right conferred by such a provision; or
 (c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.

 (2) A term of a contract is not taken, for the purposes of this section, to exclude, restrict or modify the application of a provision of this Division unless the term does so expressly or is inconsistent with the provision.