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Home > Businesses > Business rights and responsibilities > Sales practices > Lay-bys

Lay-bys

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A lay-by is an agreement between your business and a consumer, where you:

Terms and conditions

When you establish a lay-by agreement with a consumer, ensure they know all the terms and conditions.

Agreements must be in writing and should contain:

Keeping records

Make sure you keep up-to-date records of all lay-by transactions to prevent any misunderstandings.

The record should include:

Each time the consumer makes a payment, give them a receipt and record it on a record slip for the consumer. This helps them keep track of their lay-by and remember when payments are due.

Cancelling a lay-by agreement

If the consumer does not meet the conditions of the lay-by agreement, you can cancel it by following the procedure set down in the agreement.

If the consumer cancels the lay-by, or fails to meet their obligations under the agreement, you may charge a termination fee. However, the termination fee can only be an amount that covers your reasonable costs, and you must return the balance to the consumer. If payments made by the consumer to date do not cover your reasonable costs, you may recover the outstanding amount as a debt.

You can´t cancel a lay-by agreement unless there are circumstances outside of your control. For example, you can not simply decide to withdraw the goods from sale.

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Last reviewed 28/11/2011

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