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Federal Court of Australia voids 34,000 unfair Fuji Xerox contracts
- richardjam73 4y agoRelevant parts of the PDF Unfair contract terms contained in some of Fujifilm’s small business contracts Following action by the Australian Competition and Consumer Commission (ACCC) and a settlement being reached with Fujifilm, on [date] the Federal Court of Australia, by consent, found that a number of our agreements with small business customers contain unfair contract terms. This means that those terms are void and cannot be enforced by us. The types of terms which have been declared unfair and void include the following: * Automatic renewal terms: permit Fujifilm to renew the contract for a further period unless customers cancel the contract a certain number of days before the end of the contract term. * Disproportionate termination terms: allows Fujifilm to terminate the contract in a significantly wider range of circumstances than those which allow the customer to terminate the contract, if any. * Liability limitation terms: limit Fujifilm’s liability or require the customer to indemnify Fujifilm without corresponding rights for the customer. * Termination payment terms: require customers to pay extensive exit fees to Fujifilm in the event the contract is terminated, including certain charges which Fujifilm can set unilaterally. * Unfair payment terms: require customers to pay Fujifilm for software licensed pursuant to the agreement irrespective of whether Fujifilm has delivered the software and, when goods are purchased, to pay the purchase price prior to delivery. * Unilateral variation terms: permit Fujifilm to unilaterally vary some terms of the contract including the charges and terms contained in documents other than the signed contract.