Section 144 Federal Competition and Consumer Protection Act 2018

Section 144 of the Federal Competition and Consumer Protection Act 2018 is about Exclusion of implied terms. It is under Part XVI (Duties of Manufacturers, Importers, Distributors and Suppliers of Goods and Services) of the Act.

(1) Where a right, duty or liability would arise under a contract for the supply of a service, it may be negated or varied by express agreement or by the course of dealing between the parties or by such usage as binds both parties to the contract provided that an express term does not negate a term implied by this section unless it is inconsistent with it.

(2) A supplier of service shall not, while dealing with a consumer, exclude or restrict its liability for breach of any term implied under sections 142 (3) and 143 of this Act.

(3) Nothing in this section shall prejudice any rule of law which imposes on the supplier a duty stricter than that imposed by section 143 of this Act.