Common use of Australian Consumer Law and Consumer Guarantees Clause in Contracts

Australian Consumer Law and Consumer Guarantees. Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms & Conditions or provides statutory guarantees in connection with these Terms & Conditions, in respect of goods and services supplied, Samsung’s liability for breach of such a condition, warranty or other term or guarantee is limited to (at Samsung’s election), to the extent it is able to do so: (a) in the case of supply of goods, Samsung doing any or more of the following; (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring the equivalent goods; and/or (iv) paying the costs of having the goods repaired; or (b) in the case of supply of services, Samsung doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again. When you request a Swap or Mobile Refresh under the Program, we will ask you to provide information about your Registered Device to determine if there is a defect or failure that is covered under the CCA. Any remedy under the Australian Consumer Law will not be considered a Swap or Mobile Refresh under this Agreement and a Swap Fee or Mobile Refresh Fee will not be payable.

Australian Consumer Law and Consumer Guarantees. Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into the Terms & Conditions or provides statutory guarantees in connection with these Terms & Conditions, in respect of goods and services supplied, Samsung’s liability for breach of such a condition, warranty or other term or guarantee is limited to (at Samsung’s election), to the extent it is able to do so: (a) in the case of supply of goods, Samsung doing any or more of the following; (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring the equivalent goods; and/or (iv) paying the costs of having the goods repaired; or (b) in the case of supply of services, Samsung doing either or both of the following: (i) supplying the services again; and/or (ii) paying the cost of having the services supplied again. When you request a Swap or Mobile Refresh under the Program, we will ask you to provide information about your Registered Device to determine if there is a defect or failure that is covered under the CCA. Any remedy under the Australian Consumer Law will not be considered a Swap or Mobile Refresh under this Agreement and a Swap Fee or Mobile Refresh Fee will not be payable.