146Declarations by Tribunal

#### 146 Declarations by Tribunal 146 Declarations by Tribunal > > (1) The Tribunal may, on application under this Part by a motor industry group, the Small Business Commissioner or a motor dealer, declare a term of a supply contract or a class of supply contracts to be an unfair term or declare conduct of a manufacturer to be unjust conduct. > > > (2) In determining whether to make a declaration that a term of a supply contract is an unfair term or that conduct is unjust, the Tribunal may take into account such matters as it thinks fit and is to have regard to all the circumstances of the case, including the contract as a whole. > > > (3) Without limiting subsection (2), the Tribunal may consider the following (if relevant)— > > > > > (a) the extent to which the supply contract is expressed in reasonably plain language and is presented clearly, > > > > > (b) whether or not there was any material inequality in bargaining power between the parties to the supply contract, > > > > > (c) whether or not at or before the time the supply contract was made its provisions were the subject of negotiation, > > > > > (d) whether or not it was reasonably practicable for a motor dealer to negotiate for the alteration of or to reject the term of the supply contract or any matter related to the contract, > > > > > (e) whether a term of a supply contract imposes conditions which are unreasonably difficult to comply with or not reasonably necessary for the protection of the legitimate interests of any party to the supply contract, > > > > > (f) whether or not and when independent legal or other expert advice was obtained by the motor dealer, > > > > > (g) whether any undue influence, unfair pressure or unfair tactics were exerted on or used against the motor dealer— > > > > > > > (i) by any other party to the supply contract, or > > > > > > > (ii) by any person acting or appearing or purporting to act for or on behalf of any other party to the supply contract, or > > > > > > > (iii) by any person to the knowledge (at the time the supply contract was made) of any other party to the supply contract or of any person acting or appearing or purporting to act for or on behalf of any other party to the supply contract, > > > > > (h) the conduct of the parties in relation to similar contracts or courses of dealing to which any of them has been a party.