Common use of Consumer Guarantees Clause in Contracts

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:

Appears in 2 contracts

Samples: Telematics Subscription Contract, Field Connect Subscription Contract

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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 Dealer 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 John 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 John 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:

Appears in 2 contracts

Samples: John Deere Starfire Base Station Manager Contract, John Deere Starfire Base Station Manager Contract

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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 John 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 John 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:

Appears in 1 contract

Samples: Jdlink Connect Upgrade Contract

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