Common use of Application of the CCA Clause in Contracts

Application of the CCA. (a) Nothing in this agreement is to be construed as excluding, restricting or modifying the application of any liability of Xxxxxx to the extent that it cannot by operation of law (including the operation of the CCA) be excluded, restricted or modified. (b) If the Client is a Consumer: (1) clause 10 does not apply to any liability of Xxxxxx for failure to comply with a Consumer Guarantee; (2) in respect of any goods supplied under this agreement, subject to clause (4), the liability of Xxxxxx for Loss, however caused (including by the negligence of Xxxxxx), suffered or incurred by the Client because of a failure to comply with a Consumer Guarantee is limited to Xxxxxx (at its election): • replacing the goods or supplying equivalent goods; • repairing the goods; • paying the cost of replacing the goods or of acquiring equivalent goods; or • paying the cost of having the goods repaired; (3) in respect of the Services, subject to clause (4), unless the services are Excluded Services, the liability of Xxxxxx for Loss, however caused (including by the negligence of Xxxxxx), suffered or incurred by the Client because of a failure to comply with a Consumer Guarantee is limited to Xxxxxx (at its election): • resupplying the Services; or • paying the cost of having the services supplied again; and (4) clauses (2) and (3) do not apply if it is not Fair or Reasonable for Xxxxxx to rely on them.

Application of the CCA. (a) Nothing in this agreement is to be construed as excluding, restricting or modifying the application of any liability of Xxxxxx First Security to the extent that it cannot by operation of law (including the operation of the CCA) be excluded, restricted or modified. (b) If the Client is a Consumer: (1) clause 10 does not apply to any liability of Xxxxxx First Security for failure to comply with a Consumer Guarantee; (2) in respect of any goods supplied under this agreement, subject to clause (4), the liability of Xxxxxx First Security for Loss, however caused (including by the negligence of XxxxxxFirst Security), suffered or incurred by the Client because of a failure to comply with a Consumer Guarantee is limited to Xxxxxx First Security (at its election): • replacing the goods or supplying equivalent goods; • repairing the goods; • paying the cost of replacing the goods or of acquiring equivalent goods; or • paying the cost of having the goods repaired; (3) in respect of the Services, subject to clause (4), unless the services are Excluded Services, the liability of Xxxxxx First Security for Loss, however caused (including by the negligence of XxxxxxFirst Security), suffered or incurred by the Client because of a failure to comply with a Consumer Guarantee is limited to Xxxxxx First Security (at its election): • resupplying the Services; or • paying the cost of having the services supplied again; and (4) clauses (2) and (3) do not apply if it is not Fair or Reasonable for Xxxxxx First Security to rely on them.