Recent changes to the FTA address issues such as a prohibition on unsubstantiated representations; new rules relating to online sales and disclosures; new rules on extended warranty agreements; new rules on unsolicited goods and services, layby sales, uninvited door to door sales; product safety and recalls all of which have been in effect from 17 June 2014. With effect from 17 March 2015 there is also a prohibition on unfair standard form consumer contracts.
The recent changes to the CGA include a new guarantee relating to delivery of goods and services and changes to trade auction sales.
Both the recent changes to the FTA and CGA allow the contracting out of some of their respective provisions provided it is fair and reasonable to do so. To the extent that a business sells to other businesses there may be an opportunity to contract out of the burdensome provisions of this consumer protection legislation.
This post was published in the FMCG Business magazine