Consumer Guarantees. (a) Under the Australian Consumer Law, consumers (as defined in the ACL) have the benefit of certain Consumer Guarantees:
(i) that cannot be excluded; and
(ii) where the consumer’s rights in case of breach cannot be limited by your Contract, or can only be limited to a certain extent.
(b) Your Contract never operates to exclude the Consumer Guarantees (where they apply) or to limit your remedies for breach of them (in a way not permitted by law).
Consumer Guarantees. You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Consumer Guarantees. If You are a Consumer, then certain Consumer guarantees will apply in respect of Our supply of goods (including electricity) or services (if any) to You under applicable Consumer Laws. These terms cannot be excluded or modified by any provision of this Contract. If We fail to comply with these Consumer guarantees, then You may have a right against Us under the Australian Consumer Law.
Consumer Guarantees. We will provide the Services to you subject only to the terms, conditions and warranties contained within the Terms and those imposed by Law which cannot be excluded. For example, if we supply Equipment or a Service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost is of a kind ordinarily acquired for personal, domestic or household use, then Consumer Guarantees require that the Service will be provided with due care and skill and that the Equipment will be of acceptable quality. Certain remedies are available to you under the Australian Consumer Law if the Service or Equipment we supply to you fails to meet the standard required by applicable Consumer Guarantees.
Consumer Guarantees. The parties agree that the services being provided under this Agreement are not normally acquired for personal or household use and, as such, the Consumer Guarantees Act 1993 does not apply.
Consumer Guarantees. You have rights under consumer protection laws including the Australian Consumer Law and any applicable Consumer Guarantees. Any limitation of our liability in this clause is subject to your rights under those laws.
Consumer Guarantees. Where a Consumer Guarantee applies to the Services or goods we supply to you, subject to section 64A(3) of the Australian Consumer Law we limit our liability for failure to comply with the Consumer Guarantee to: in regard to Services: supplying the Services again or paying you the cost of having the Services supplied again; in regards to goods: replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Consumer Guarantees. Despite the limitations on liability and remedies contained in Section 6.1 of this Contract and the disclaimer of warranties contained in Section 6.2 of this Contract, nothing in this Contract excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Customer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. To the fullest extent permitted by law, the liability of Xxxx Deere for a breach of a non excludable guarantee referred to in Sections 6.1 and 6.2 of this Contract is limited, at Xxxx Deere's option, to:
(i) in the case of goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of the goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(1) the supplying of the services again; or
(2) the payment of the cost of having the services supplied again.
Section 6.3 of the Contract does not apply and is replaced with the following Section 6.3:
Consumer Guarantees. Nothing in this Agreement is to be read to limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Xxx 0000 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). All terms of this Agreement are to be read subject to the Non-Excludable Guarantees, to the extent that they are applicable.
Consumer Guarantees. That this Agreement is entered into solely for your business purposes and therefore, The Consumer Guarantees Act 1993 does not apply to this Agreement and:
(a) no warranty, guarantee or other assurance of any kind is given by us to you in respect of the Collateral; and
(b) all such warranties, guarantees and assurances (whether claimed to have been made or implied) are excluded to the maximum extent permitted by law.
