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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part G : Right to fair, just and reasonable terms and conditions

48. Unfair, unreasonable or unjust contract terms



1) A supplier must not—
a) offer to supply, supply, or enter into an agreement to supply, any goods or services—
i) at a price that is unfair, unreasonable or unjust; or
ii) on terms that are unfair, unreasonable or unjust;
b) market any goods or services, or negotiate, enter into or administer a transaction or an agreement for the supply of any goods or services, in a manner that is unfair, unreasonable or unjust; or
c) require a consumer, or other person to whom any goods or services are supplied at the direction of the consumer—
i) to waive any rights;
ii) assume any obligation; or
iii) waive any liability of the supplier,

on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.


2) Without limiting the generality of subsection (1), a transaction or agreement, a term or condition of a transaction or agreement, or a notice to which a term or condition is purportedly subject, is unfair, unreasonable or unjust if—
a) it is excessively one-sided in favour of any person other than the consumer or other person to whom goods or services are to be supplied;
b) the terms of the transaction or agreement are so adverse to the consumer as to be inequitable;
c) the consumer relied upon a false, misleading or deceptive representation, as contemplated in section 41 or a statement of opinion provided by or on behalf of the supplier, to the detriment of the consumer; or
d) the transaction or agreement was subject to a term or condition, or a notice to a consumer contemplated in section 49(1), and—
i) the term, condition or notice is unfair, unreasonable, unjust or unconscionable;


ii) the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisfied the applicable requirements of section 49.