Consumer Guarantees Act. Where the Company supplies the goods to the customer for the customer’s use in a business for the purpose of the business, the customer agrees that the Consumer Guarantees Act does not apply. Where the Company supplies the product to a customer as a “consumer” as defined in the Consumer Guarantees Act for a non-business purpose, the Consumer Guarantees Act will apply and prevail over any contrary provision in these terms and conditions.
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("Distributor Warranties"); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties");
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 27.1, the Retailer will, to the fullest extent permitted by law, exclude from all its Consumer Contracts (which includes a contract between the Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Xxxxxxxxxx Xxx 0000 or any other law concerning the services to be provided by the Distributor under this agreement (“Distributor Warranties”); and
(ii) imposed on the Retailer by the Consumer Xxxxxxxxxx Xxx 0000 concerning the supply of electricity by the Retailer under the Consumer Contract ("Retailer Warranties");
(b) if the Consumer on-supplies electricity to an end-user the Retailer will, as a condition of any Consumer Contract, require the Consumer to include provisions in all agreements between the Consumer and an end-user, excluding all Distributor Warranties and Retailer Warranties to the fullest extent permitted by law; and
(c) to avoid doubt, nothing in this clause 26.9 affects the rights of any Consumer under the Consumer Xxxxxxxxxx Xxx 0000 that cannot be excluded by law, nor does it preclude the Retailer from offering in its Consumer Contracts its own warranties, guarantees or obligations pertaining to distribution services.
Consumer Guarantees Act. The Service Provider:
(a) acknowledges that it is acquiring the Services for the purposes of a business and that the Consumer Xxxxxxxxxx Xxx 0000 does not apply; and
(b) will, to the maximum extent permitted by law, exclude the application of the Consumer Xxxxxxxxxx Xxx 0000 from all agreements between the Service Provider and its Resellers and End Users that in any way relate to the Services.
Consumer Guarantees Act. 12.1 The guarantees contained in the Consumer Xxxxxxxxxx Xxx 0000 are excluded where the Customer acquires Services and Goods from Xxxxx Containers for the purposes of a business in terms of section 2 and 43 of that Act.
Consumer Guarantees Act. The Merchant confirms that it has entered into this Agreement solely for business purposes and agrees that nothing in the Consumer Xxxxxxxxxx Xxx 0000 shall apply in respect of the provision of the Service or the operation of the System.
Consumer Guarantees Act. 16.1 Where you acquire, or hold yourself out as acquiring, Materials or services or both for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of Materials or services under this Agreement.
16.2 The limitation of liability in clause 12 of this Agreement is not intended to limit any rights a consumer may have under the Consumer Guarantees Act 1993.
Consumer Guarantees Act. If you are acquiring the services provided by us for the purposes of a business, you agree that, to the maximum extent permitted at law:
(a) the conditions, warranties and guarantees of the Consumer Xxxxxxxxxx Xxx 0000 and any rights you may have which are implied by common law, statute or custom will not apply to this Agreement;
(b) you will not claim any of the remedies set out in the Consumer Xxxxxxxxxx Xxx 0000 from us.
Consumer Guarantees Act. Notwithstanding any other terms and conditions, the Consumer Guarantees Act 1993 may apply to the operation and provision of the Account. However, where you use, or hold yourself out as using, the Account for business purposes, the provisions of that Act will not apply.
Consumer Guarantees Act. If the Lessee acquired, or held itself out as acquiring, the Vehicle for the purposes of a business, nothing in the Consumer Guarantees Act 1993 applies to the Vehicle or this Lease, and with the exception of any warranty given by the manufacturer, no warranty or condition will be implied against BMW by any statute, at common law or otherwise and no representation, condition or warranty will bind BMW unless it is in writing and signed by BMW.
