30
Oct
The low down on dispute resolutions clauses
Is somebody claiming that you have breached the contract or do you want to enforce an agreement? ...
Consumer disputes are governed by the Australian Consumer Law (ACL) which is contained in the Competition and Consumer Act (Cth); formerly known as the Trade Practices Act 1974 (Cth).
If you are a business that sells goods of services, you provide specific guarantees and warranties to the purchasers of the goods or services pursuant to the ACL. If these guarantees or warranties are breached, the consumer is entitled to repair, replacement or a refund, or alternatively, compensation for damages and loss incurred as a result of the breach.
The ACL also includes provisions prohibiting:
- engaging in conduct, in trade or commerce, that is misleading or deceptive or likely to mislead and deceive; and
- acting unconscionably when supplying goods or services to, or acquiring goods or services from, a consumer or business.
Contravention of these provisions may result in the person who relied upon the conduct having a claim for any loss and damage they incurred in relying upon the offending conduct.
If you have been the victim of, or alternatively, are being accused of contravening the ACL, Dark Legal can assist you to charter an efficient course to resolving your issue. Call us today for a free consultation to discuss your options.
