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Exclusion or limitation of rights of consumer under commercial guarantee
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45. (1) A commercial guarantee that is provided in relation to a sales contract shall not—
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(a) in any way exclude or limit the rights of the consumer under any enactment (including this Chapter) or rule of law,
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(b) impose obligations on the consumer that are additional to his or her obligations under the sales contract, or
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(c) purport to make the guarantor or any person acting on the guarantor’s behalf the sole authority to decide whether goods are in conformity with the sales contract or whether the consumer is otherwise entitled to make a claim under the commercial guarantee.
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(2) Any provision of a commercial guarantee that is contrary to subsection (1) shall not be binding on the consumer.
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(3) A guarantor who gives a commercial guarantee which contravenes subsection (1) commits an offence.
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