Competition and Consumer Act. If the Competition and Consumer Xxx 0000 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by the Supplier in connection with the Master Agreement (which these terms and conditions form part of) and the Supplier’s liability failing to comply with that guarantee cannot be excluded but may be limited, clauses 8.1, 8.2, 9 and 10(b) do not apply to that liability and instead the Supplier’s liability for such failure is limited to (at the Supplier’s election), in the case of a supply of goods, the Supplier replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Supplier supplying the services again or paying the cost of having the services supplied again.
Appears in 2 contracts
Samples: sitechcs.com, upgsolutions.com
Competition and Consumer Act. If the Competition and Consumer Xxx 0000 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by the Supplier in connection with the Master Agreement (which these terms and conditions form part of) and the Supplier’s liability failing to comply with that guarantee cannot be excluded but may be limited, clauses 8.19.1, 8.29.2, 9 10 and 10(b11(b) do not apply to that liability and instead the Supplier’s liability for such failure is limited to (at the Supplier’s election), in the case of a supply of goods, the Supplier replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Supplier supplying the services again or paying the cost of having the services supplied again.
Appears in 2 contracts
Samples: sitechcs.com, upgsolutions.com
Competition and Consumer Act. If the Competition and Consumer Xxx 0000 Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by the Supplier in connection with the Master Agreement (which these terms and conditions form part of) and the Supplier’s liability failing to comply with that guarantee cannot be excluded but may be limited, clauses 8.19.1, 8.29.2, 9 10 and 10(b11(b) do not apply to that liability and instead the Supplier’s liability for such failure is limited to (at the Supplier’s election), in the case of a supply of goods, the Supplier replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Supplier supplying the services again or paying the cost of having the services supplied again.
Appears in 1 contract
Samples: Master Agreement
Competition and Consumer Act. If the Competition and Consumer Xxx 0000 Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by the Supplier in connection with the Master Agreement (which these terms and conditions form part of) and the Supplier’s liability failing to comply with that guarantee cannot be excluded but may be limited, clauses 8.1, 8.2, 9 and 10(b) do not apply to that liability and instead the Supplier’s liability for such failure is limited to (at the Supplier’s election), in the case of a supply of goods, the Supplier replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, the Supplier supplying the services again or paying the cost of having the services supplied again.
Appears in 1 contract
Samples: Master Agreement