Last Updated: 1 August 2020

[CONC 125] Termination of linked maintenance services contract if credit contract terminated125 

125
(1)  If—
  • (a)there is a tied loan contract or a tied continuing credit contract made with the debtor by a linked credit provider of the supplier under a sale contract to supply maintenance services; and
  • (b)the tied loan contract or tied continuing credit contract is terminated (whether under this Act or any other law) before the end of the term of the sale contract,

the debtor is entitled to terminate the sale contract to supply maintenance services and recover from the supplier a proportionate rebate of consideration paid under the sale contract.

(2) In a case as described in subsection (1), the credit provider must inform the debtor in accordance with the regulations of the debtor's rights under this section.
(3) The regulations may prescribe the manner of calculating the proportionate rebate of consideration for the purposes of this section.
(4) This section does not apply if the credit is provided as a result of an approach by the debtor that was not induced by the supplier or credit provider.
(5) A person who contravenes this section commits an offence.