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.