Question: Can I contract out of my responsibility to provide repairs or pay for labour costs?Answer:
No. Suppliers and manufacturers cannot exclude, restrict or modify warranties or other obligations under s64 of the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nor can manufacturers contract out of their requirement to reimburse a supplier where a supplier deals with an issue at the request of a consumer (which is not the supplier’s fault, e.g. a manufacturing defect). If those labour costs relate to repairs, they cannot contract out of their right to indemnify the supplier if they are at fault (manufacturers’ indemnity). Although you cannot contract out of your obligations under the ACL it always a good idea to have manufacturers’ and suppliers’ indemnities and warranties included in any distribution agreement you have drafted.