Contract and Commercial Law Act 2017

Sale of goods - Supplementary matters

197: Exclusion of implied terms and conditions

You could also call this:

“You can change or remove automatic rules in a sale agreement”

When you buy or sell something, there are usually some rules that automatically apply to your agreement. These rules are called implied terms and conditions. However, you and the other person can agree to change or remove these rules in a few ways. You can do this by clearly stating that you don’t want these rules to apply. You can also change the rules by how you and the other person usually do business together. Lastly, if there’s a common way of doing things in your type of business that both you and the other person follow, this can also change the rules that would normally apply.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844417.


Previous

196: Interest and special damages, or

"Getting money back when things go wrong in a deal"


Next

198: Exclusion where Consumer Guarantees Act 1993 applies, or

"Consumer protection rules apply instead of certain contract rules when you buy things"

Part 3 Sale of goods
Supplementary matters

197Exclusion of implied terms and conditions

  1. If any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or varied by—

  2. express agreement; or
    1. the course of dealing between the parties; or
      1. usage, if the usage is such as to bind both parties to the contract.
        Compare