Common use of Consumer Goods Clause in Contracts

Consumer Goods. Where the Equipment is of a kind ordinarily acquired for personal, domestic, or household use or consumption then this clause will apply: (a) In clause 2(c) the words “without deduction, set off or counterclaim” (b) Clause 10 will not apply. (c) Clause 14 will not apply (d) Clause 15 will not apply and the following clause will apply instead: We are only responsible for losses suffered by you if the losses are a foreseeable consequence of our breach of this Agreement. We are not liable for any business losses suffered by you such as lost profits or business interruption. (e) Clause 16 will not apply and the following clause will apply instead: Neither of us may assign our rights under this Agreement without the other party’s prior consent which will not be unreasonably withheld if it can be shown the assignee is reasonably capable of performing the assignor’s obligations under this Agreement. (f) Clause 18(d) will not apply and the following clause will apply instead: We and our subcontractors will endeavor to deliver Equipment within any agreed timeframes, and will not be liable for failure to deliver, a delay in delivery of, or misdelivery of the Equipment or its contents, due to weather or other circumstances beyond our or our subcontractors’ control. In this event we or our subcontractors will deliver as soon as reasonably possible.

Consumer Goods. Where the Equipment is of a kind ordinarily acquired for personal, domestic, or household use or consumption then this clause will apply: (a) In clause 2(c) the words “without deduction, set off or counterclaim”” will be deleted. (b) Clause 10 will not apply. (c) Clause 14 will not apply (d) Clause 15 will not apply and the following clause will apply instead: We are only responsible for losses suffered by you if the losses are a foreseeable consequence of our breach of this Agreement. We are not liable for any business losses suffered by you such as lost profits or business interruption. (e) Clause 16 will not apply and the following clause will apply instead: Neither of us may assign our rights under this Agreement without the other party’s prior consent which will not be unreasonably withheld if it can be shown the assignee is reasonably capable of performing the assignor’s obligations under this Agreement. (f) Clause 18(d18(c) will not apply and the following clause will apply instead: We and our subcontractors will endeavor to deliver Equipment within any agreed timeframes, and will not be liable for failure to deliver, a delay in delivery of, or misdelivery of the Equipment or its contents, due to weather or other circumstances beyond our or our subcontractors’ control. In this event we or our subcontractors will deliver as soon as reasonably possible.

Consumer Goods. Where the Equipment is of a kind ordinarily acquired for personal, domestic, or household use or consumption then this clause will apply: (a) In clause 2(c) the words “without deduction, set off or counterclaim” (b) Clause 10 will not apply. (c) Clause 14 will not apply (d) Clause 15 will not apply and the following clause will apply instead: We are only responsible for losses suffered by you if the losses are a foreseeable consequence of our breach of this Agreement. We are not liable for any business losses suffered by you such as lost profits or business interruption. (e) Clause 16 will not apply and the following clause will apply instead: Neither of us may assign our rights under this Agreement without the other party’s prior consent which will not be unreasonably withheld if it can be shown the assignee is reasonably capable of performing the assignor’s obligations under this Agreement. (f) Clause 18(d18(c) will not apply and the following clause will apply instead: We and our subcontractors will endeavor to deliver Equipment within any agreed timeframes, and will not be liable for failure to deliver, a delay in delivery of, or misdelivery of the Equipment or its contents, due to weather or other circumstances beyond our or our subcontractors’ control. In this event we or our subcontractors will deliver as soon as reasonably possible.