Category Archives: Making sense of contracts

Mythbuster: ‘Entire agreement’ clauses lock out misrepresentation claims

Posted on 11 January 2012 by Peter Moon

People are often confused about the effect of clauses that say ‘You acknowledge that we have made no other promises or representations to you.’ Often you see such clauses quoted in support of an argument that a claim for misrepresentation … Continue reading →

Posted in ACCC, Australian Consumer Law, Competition and Consumer Act, Making sense of contracts, Mythbusters, Trade Practices Act | Tagged , , | Leave a comment

SFoA backgrounder released

Posted on 16 June 2009 by Peter Moon

Many CSPs are already using a ’Standard Form of Agreement’ but many others don’t … and don’t know what it’s all about. To demystify the topic, here’s a dowloadable SFoA backgrounder that overviews what they are and why they can improve CSP business … Continue reading →

Posted in Making sense of contracts, Telecommunications Act | Tagged , , , | Leave a comment

ACCC explains warranty laws … again

Posted on 16 March 2009 by Peter Moon

For some reason, many businesses just can’t get their minds around Australia’s warranty laws.  ACCC has issued a new booklet explaining how it works, again.  The subject has been addressed any number of times by the Commission in the past.  … Continue reading →

Posted in advertising, Making sense of contracts, Trade Practices Act | Tagged , , , | 2 Comments

Test yourself: Who is a Consumer and what is a Consumer Contract ?

Posted on 27 January 2009 by Erhan Karabardak

One of our recent posts raised an interesting question which many ISPs and telcos seem to overlook; Who is a ‘Consumer’ under the CommsAlliance Telecommunications Consumer Protections Code 628:2007 (the “TCP Code”) ?  The answer has some pretty serious consequences. … Continue reading →

Posted in Code compliance, Making sense of contracts, Spot Check | Tagged , , , | Leave a comment

How not to be an accidental insurer

Posted on 16 August 2008 by Peter Moon

Quiz question:  Liability caps for contribution to third party claims are- (a)   hardly understood by anybody (b)  extremely important in contracts (c)   a fast way to accidentally turn your company into an insurance business (d)  very expensive if you get … Continue reading →

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NDAs … Worth the paper they’re written on ?

Posted on 11 August 2008 by Peter Moon

An ISP asked us this week whether the pile of non-disclosure agreements they have signed have any value to anyone. The answer is ‘yes’ if you understand what an NDA can and can’t achieve.  Peter Moon explains …

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‘Indirect loss excluded’ doesn’t equal ‘no loss of income claims allowed’

Posted on 17 July 2008 by Peter Moon

Scenario: Your standard contract says you aren’t liable for ‘indirect or consequential loss’. Does that guarantee a business customer can’t sue you for loss of revenue if things go wrong? No, it doesn’t. You might still be responsible for loss … Continue reading →

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