How can implied terms be limited or excluded?
You may limit (but not exclude) damage caused by breach of any of the TPA implied terms if the goods or services are priced below $40,000 and are not ordinarily acquired for personal, domestic or household use or consumption. As long as the limitation is fair and reasonable, you may limit liability: • for goods – to the replacement or repair of the goods or payment of the cost of replacement or repair, and • for services – to the resupply of the services or payment of the cost of resupply. Special provisions also exist with respect to the supply of recreational services. However, it is important not to suggest that consumers do not have particular rights or remedies when they do. Care must be taken when you say “No refunds” or “No returns” as any attempt to wrongfully exclude or limit liability will result in the exclusion or limitation clause being void. In addition, sections 52 and 53(g) of the TPA makes it an offence to make a false or misleading statement about the existence or eff
