Maths Programs : Recission

Important: This letter can be used as a guide. You must insert your own details where appropriate and delete any information that is not relevant to your situation. Always date your letters. Always keep a copy of the letter you send. Get legal advice if you do not understand.

Letter to Maths software company

[Your name and address]

[write Date here]

The Manager
[Name of company]
[Address]

RE: SALES CONTRACT NO/

I refer to the above contract.

I wish to raise a dispute about the above contract. A copy of this letter will also be sent to the credit provider.

I refer to the contract of the supply of (insert name of product) entered into on (insert date of product).

The goods supplied to me under the contract were not fit for purpose and not of merchantable quality within the meaning s 40Q(1)  and s40Q(2) of the Fair Trading Act (NSW) 1987.

The goods are (choose one, or include both whichever relevant) not fit for the purposes and/or of merchantable quality.

(add in details of why the goods are not of merchantable quality or fit for purpose, including any of the following:

- particular characteristics of your child that made the product unsuitable for him/her (fit for purpose);
- technical problems with the goods that made the goods unworkable (merchantable quality).)

I hereby give notice that I rescind the contract of supply under s 40N of the Fair Trading Act (NSW) 1987 due to the breach of the implied term of quality and fitness for purpose contained in s40Q. I also exercise my right provided to me by the verbal representations and previous written correspondence.

I hereby give to any extent that may be necessary notice in writing in addition to the verbal notification and written notification provided to (insert name of company). I am posting the CD software to the above address of (insert name of company) by registered post.

(insert name of credit provider) is a linked credit provider within the meaning of s117(1)(b) of the Consumer Credit Code or s. 127 of Schedule 1 of the National Consumer Credit Protection Act (Credit Act), the loan contract entered into is a tied loan contract within the meaning of s117(3)(a) and s117(3)(b) of the Code or s.127(3)(a) and (b) of the Credit Act. By virtue of s125(1)(b) of the Code and section 135(1)(b) of the Credit Act the rescission of the contract of supply entitles me to terminate the loan contract.

Yours sincerely,

(name of person on finance and sales contract)

c.c. (credit provider)

Warning: This letter is information only and should not be relied upon as legal advice.