New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 79E

Meaning of "consumer claim"

79E Meaning of "consumer claim"

(cf CC Act 1998, s 3A)

(1) For the purposes of this Part, a
"consumer claim" means a claim by a consumer, for one or more of the following remedies, that arises from a supply of goods or services by a supplier to the consumer (whether or not under a contract) or that arises under a contract that is collateral to a contract for the supply of goods or services--
(a) the payment of a specified sum of money,
(b) the supply of specified services,
(c) relief from payment of a specified sum of money,
(d) the delivery, return or replacement of specified goods or goods of a specified description.
(2) For the avoidance of doubt, a reference in this Part to a consumer claim includes a reference to a claim by a consumer against a supplier (for example, a manufacturer or wholesaler) who is not the direct supplier of goods or services to the consumer if the claim arises from or in connection with the supply of those goods or services by the direct supplier to the consumer.



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