Email templates about unfair contracts
Use these as a guide to complain about unfair contracts.
It can be difficult to know how to go about making a complaint. So we’ve put together these templates you can use to help you stand up for your rights.
The Fair Trading Act contains a list of terms the courts are likely to regard as unfair. The list includes terms that allow a company to unilaterally:
- vary the terms of the contract
- terminate the contract
- renew or not renew the contract
- penalise the consumer for breaching or ending the contract
- vary the price without giving the consumer the right to end the contract
- vary the characteristics of the goods or services to be supplied
- determine whether a contract has been breached, or interpret its meaning.
How to complain to a company
Use this email or letter template to complain to a company about unfair terms in its standard-form consumer contract.
[Date]
[List unfair contract terms]
I wish to make a complaint about the standard-form consumer contract used by your company. A copy of the contract is enclosed.
I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.
I believe the above term(s):
- cause a significant imbalance between the rights of your company and the consumer
- is/are not reasonably necessary to protect the legitimate interests of your company
- would cause detriment to myself and other consumers if applied or relied on.
- In particular, the term(s) give your company the unilateral right to [describe].
I would like to request you review your contract. Please advise whether you intend to amend or remove the term(s).
I look forward to your reply.
Yours sincerely
[Name]
We know your rights
Got a problem with a faulty product, received shoddy service or been misled by a retailer? Our expert advisers can provide clear, practical advice that you can trust.
How to complain to the Commerce Commission
Use this email or letter template to complain to the Commerce Commission about unfair terms in a standard-form consumer contract.
[Date]
[List unfair contract terms]
I wish to make a complaint about the standard-form consumer contract used by [name of company]. A copy of the contract is enclosed.
I am concerned that term(s) [insert term number(s)] of this contract may breach the prohibition on unfair terms in the Fair Trading Act 1986.
I believe the above term(s):
- cause a significant imbalance between the rights of the company and the consumer
- is/are not reasonably necessary to protect the legitimate interests of the company
- would cause detriment to the consumer if applied or relied on.
- In particular, the term(s) give the company the unilateral right to [describe].
I would like to request the commission investigate this matter. If the company fails to amend the contract, I request the commission seeks a declaration from the court that the term(s) is/are unfair.
I look forward to your reply.
Yours sincerely
[Name]
Commerce Commission
PO Box 2351
Wellington 6140
[email protected]
Help us keep the pressure on
Consumer NZ is non-profit. To help us get a fairer deal for all New Zealand consumers you can make a donation. We’ll use your contribution to investigate consumer issues and work for positive change.
Having problems returning a faulty item?
Or maybe you've had an issue with a tradie? We explain your consumer rights so you can get what you're entitled to.
This field should be left blank
Member comments
Get access to comment