Unfair contract terms guidelines

The Fair Trading Act prohibits the use of unfair contract terms in standard form consumer contracts and small trade contracts.

The Commerce Commission’s Unfair Contract Terms Guidelines:

• explain how the unfair contract terms provisions work;

• outline the principles the Commerce Commission considers likely to be applied by the courts;

• give examples of terms that may be unfair; and

• describe the Commission’s approach to enforcing the law.

Commerce Commission disclaimer: This document provides guidance only. It is not intended to be definitive and should not be used in place of legal advice.

Source: New Zealand Commerce Commission, https://www.comcom.govt.nz/business/dealing-with-typical-situations/selling-goods-and-services/pricing-your-products-or-services/