(1) A supplier shall not include in a consumer agreement for the supply of any goods or service, whether or not it is in writing, an unlawful provision or an unlawful condition.
(2) A provision of a consumer agreement, or a condition to which a consumer agreement is subject, is unlawful if —
(a) its general purpose or effect is to —
(i) defeat the purpose and policy of this Act,
(ii) mislead or deceive the consumer, or
(iii) subject the consumer to fraudulent conduct;
(b) it directly or indirectly purports to —
(i) waive or deprive a consumer of a right set out in this Act,
(ii) avoid a supplier's obligation or duty in terms of this Act,
(iii) set aside or override the effect of any provision of this Act,
(iv) authorize the supplier to do anything that is unlawful in terms of this Act or fail to do anything that is required in terms of this Act;
(c) it expresses an acknowledgement by the consumer that —
(i) before the consumer agreement was made, no representations or warranties were made in connection with the agreement by the supplier or a person on behalf of the supplier, or
(ii) the consumer has received any goods or service, or a document that is required by this Act to be delivered to the consumer that has not in fact been delivered or rendered to the consumer;
(d) it expresses an agreement by the consumer to forfeit any money to the supplier if the consumer —
(i) exercises the right of rescission under section 77, or
(ii) fails to comply with a provision of the agreement before the consumer receives any goods or service in terms of the agreement;
(e) it expresses, on behalf of the consumer —
(i) an authorization for any person acting on behalf of the supplier to enter any premises for the purposes of taking possession of the goods to which the agreement relates,
(ii) an undertaking to sign in advance any documentation relating to enforcement of the agreement, irrespective of whether such documentation is complete or incomplete at the time it is signed, or
(iii) a consent to a pre-determined value of costs relating to enforcement of the agreement except to the extent that is consistent with this Act;
(f) it expresses an agreement by the consumer to —
(i) deposit with the supplier, or with any other person at the direction of the supplier, an identity document, credit or debit card, bank account or automatic teller machine access card, or any similar identifying document or device, or
(ii) provide a personal identification code or number to be used to access an account.
(3) Notwithstanding subsection (2)(e)(i), a provision in a consumer agreement, or a condition to which a consumer agreement is subject, is not unlawful if it expresses on behalf of the consumer, an authorization for any person acting on behalf of the supplier to enter any premises for the purposes of taking possession of the goods to which the agreement relates in the case of default.
(4) In any matter before a court or tribunal respecting an agreement that contains a provision contemplated in subsection (2), a court or tribunal shall —
(a) sever that unlawful provision from the agreement, or alter it to the extent required to render it lawful, if it is reasonable to do so having regard to the agreement as a whole; or
(b) declare the entire agreement unlawful as from the date that the agreement, or amended agreement, took effect; and
(c) make any further order that is just and reasonable in the circumstances with respect to that unlawful provision, or the entire agreement, as the case may be.
(5) A supplier shall not —
(a) directly or indirectly require or induce a consumer to enter into a supplementary agreement, or sign any document, that contains a provision that would be unlawful if it were included in a primary agreement;
(b) request or demand a consumer to —
(i) give the supplier temporary or permanent possession of a document referred to in subsection (2)(f)(i) other than for the purpose of identification, or to make a copy of the document,
(ii) reveal any personal identification code or number contemplated in subsection (2)(f)(ii); or
(c) direct, or knowingly permit, any other person to do anything referred to in this section on behalf of or for the benefit of the supplier.
(6) A supplier who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.