PART 2Unfair terms
Supplementary provisions
72Application of rules to secondary contracts
1
This section applies if a term of a contract (“the secondary contract”) reduces the rights or remedies or increases the obligations of a person under another contract (“the main contract”).
2
The term is subject to the provisions of this Part that would apply to the term if it were in the main contract.
3
It does not matter for the purposes of this section—
a
whether the parties to the secondary contract are the same as the parties to the main contract, or
b
whether the secondary contract is a consumer contract.
4
This section does not apply if the secondary contract is a settlement of a claim arising under the main contract.