PART 2Unfair terms

What contracts and notices are covered by this Part?

I161Contracts and notices covered by this Part

1

This Part applies to a contract between a trader and a consumer.

2

This does not include a contract of employment or apprenticeship.

3

A contract to which this Part applies is referred to in this Part as a “consumer contract”.

4

This Part applies to a notice to the extent that it—

a

relates to rights or obligations as between a trader and a consumer, or

b

purports to exclude or restrict a trader's liability to a consumer.

5

This does not include a notice relating to rights, obligations or liabilities as between an employer and an employee.

6

It does not matter for the purposes of subsection (4) whether the notice is expressed to apply to a consumer, as long as it is reasonable to assume it is intended to be seen or heard by a consumer.

7

A notice to which this Part applies is referred to in this Part as a “consumer notice”.

8

In this section “notice” includes an announcement, whether or not in writing, and any other communication or purported communication.