UNFAIR CONTRACT PROVISIONS – FAIR TRADING ACT 1986
The new unfair contract provisions of the Fair Trading Act 1986 took effect from 17 March 2015.
The Commerce Commission has indicated there will be no grace period for businesses to comply. From 17 March 2015, it has been unlawful to incorporate an unfair term in a standard form of Consumer Contract.
Unfair contract terms relate primarily to clauses in standard form consumer contracts – the main hallmarks of these contracts being that the terms the provider has offered to the consumer have been on a “take it or leave it” basis and importantly the contracts relate to goods and services that are primarily for personal use. More…