National Consumer Credit Protection Act 2009
SCHEDULE 1
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NATIONAL CREDIT CODE
If a purchaser of goods or services makes it known to a supplier that credit is required in order to pay for the goods or services and the purchaser, after making reasonable endeavours to do so, fails to obtain credit on reasonable terms, the purchaser is entitled to terminate the sale contract.
134(2)
A purchaser may terminate a sale contract under this section even though goods or services have already been supplied under the contract but, if practicable, goods supplied under the sale contract must be returned to the supplier.
134(3)
If a sale contract is terminated under this section:
(a) the supplier is entitled to:
(b) the purchaser is entitled (subject to the supplier ' s entitlement referred to above) to the return of money paid under the sale contract.
134(4)
This section does not apply to a sale contract for the supply of rights in relation to, and interests in, real property unless the supplier was aware that the purchaser intended to obtain the credit from the supplier or from a linked credit provider of the supplier.
Note:
See section 3 of the National Credit Act.
PART 7 - RELATED SALE CONTRACTS Division 4 - Termination of related transactions 134 Termination of sale contract which is conditional on obtaining credit 134(1)If a purchaser of goods or services makes it known to a supplier that credit is required in order to pay for the goods or services and the purchaser, after making reasonable endeavours to do so, fails to obtain credit on reasonable terms, the purchaser is entitled to terminate the sale contract.
134(2)
A purchaser may terminate a sale contract under this section even though goods or services have already been supplied under the contract but, if practicable, goods supplied under the sale contract must be returned to the supplier.
134(3)
If a sale contract is terminated under this section:
(a) the supplier is entitled to:
(i) reasonable compensation for damage to, or deterioration of, goods supplied under the sale contract (other than fair wear and tear) up to the date of their return to the supplier or, if they are not returned, the cash price of the goods; and
(ii) the reasonable value of the services supplied under the sale contract up to the date of termination; and
(b) the purchaser is entitled (subject to the supplier ' s entitlement referred to above) to the return of money paid under the sale contract.
134(4)
This section does not apply to a sale contract for the supply of rights in relation to, and interests in, real property unless the supplier was aware that the purchaser intended to obtain the credit from the supplier or from a linked credit provider of the supplier.
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