When Will "Conditions Apply" Cover You?

Many advertisers treat "conditions apply" as a magical incantation. I have known some to include these words in an advertisement, believing that they are then covered for all manner of exclusions. I have also known advertisers who include these words because they feel they must, simply because the supply of product is subject to standard terms and conditions of supply. In reality, the words "conditions apply" are of limited application and even less effect. This was illustrated recently by the Western Australian Court of Appeal's decision in Bayswater Car Rental Pty Ltd v Department of Employment and Consumer Protection.¹

Speaking generally, the words "conditions apply" in an advertisement can indicate only that the offer featured in the ad is subject to conditions that one would reasonably anticipate in the circumstances. For instance, an advertisement promoting a sale by a chain of bookshops could