CONSUMER PROTECTION ACT Sample Clauses

CONSUMER PROTECTION ACT. 25.1 The Purchaser confirms that it has considered all of the clauses in terms whereof he, amongst other things, limit the liability of the Seller or any other person and acknowledges any fact, in detail. The Parties further acknowledge that none of the terms of this Agreement should be construed as an acknowledgement that the CPA applies to this transaction in circumstances where the CPA would not have been applicable to the transaction.

CONSUMER PROTECTION ACT. 40.1 The Parties confirm that this sale did not come about as a result of direct marketing by the Seller and/or its agent/s but has been concluded as a result of consultative negotiations between the Parties. 40.2 The Purchaser acknowledges that this Agreement contains certain provisions which: 40.2.1 limit the risk or liability of the Seller; 40.2.2 constitute an assumption of risk or liability on the part of the Purchaser; 40.2.3 impose an obligation on the Purchaser to indemnify the Seller; and/or 40.2.4 constitute an acknowledgement of facts by the Purchaser. 41. DISCLOSURES IN TERMS OF THE CONSUMER PROTECTION ACT ("CPA") NO. 68 OF 2008 41.1 It is recorded that the Seller is a "supplier" as defined in the CPA and that the Subject Matter is sold with an "implied" warranty of quality as contemplated in Section 56 of the CPA to the extent that the Subject Matter shall meet the standards described in Section 55 of the CPA and that the Purchaser has the right to receive the Subject Matter: 41.1.1 reasonably suitable for the purpose for which it is generally intended; 41.1.2 of good quality, in good working order and free of any material defects; 41.1.3 useable and durable for a reasonable period of time. 41.2 Since the Buildings still need to be erected, it is recorded in terms of Section 55(6) of the CPA, that the Purchaser agrees to accept the Subject Matter is it stands, provided that the buildings are erected in a workmanlike fashion and substantially in accordance with the attached plans and specifications.

CONSUMER PROTECTION ACT. 5.1 The Seller declares that it is selling the Property in the ordinary course of its business and certain of the provisions of the Consumer Protection Act may be applicable. 5.2 The Purchaser confirms that he has read this Agreement and understands the contents thereof. 5.3 The Purchaser’s attention is drawn to the provisions of section 49 of the Consumer Protection Act (“section 49”). The Purchaser acknowledges that: 5.3.1 the Agent has satisfactorily explained the effect and consequences of the provisions of section 49 in relation to this Agreement and the Property to him in detail; and 5.3.2 this Agreement contains certain terms and conditions which limit the risk or liability of the Seller, which constitute an assumption of risk and liability on the Purchaser’s part, which impose an obligation on the Purchaser to indemnify the Seller and/or which constitute an acknowledgment of facts by the Purchaser. 5.3.3 The parties furthermore acknowledge that none of the terms of this Agreement, despite the express reference to the Consumer Protection Act, should be construed as an acknowledgement that the Consumer Protection Act applies to this transaction in circumstances where the same is not applicable to this transaction.

CONSUMER PROTECTION ACT. (delete whichever is not applicable) OR

CONSUMER PROTECTION ACT. 68 OF 2008 2.1 If the CPA is applicable, the provisions of the CPA will be applied and take precedence where they contradict any provision of this BSH WARRANTY. 2.2 Nothing in this BSH WARRANTY is intended to or must restrict, limit or avoid any rights or obligations, as the case may be, created for either BSH or the CUSTOMER in terms of the CPA.

CONSUMER PROTECTION ACT. 33.1. The Purchaser acknowledges that this Agreement contains certain provisions which: 33.1.1. limit the risk or liability of the Seller; 33.1.2. constitute an assumption of risk or liability on the part of the Purchaser; 33.1.3. impose an obligation on the Purchaser to indemnify the Seller; and/or 33.1.4. constitutes an acknowledgment of facts by the Purchaser;

CONSUMER PROTECTION ACT. 68 of 2008 2.1. To the extent that there is any inconsistency between the Agreement and the CPA, the CPA shall take precedence.

CONSUMER PROTECTION ACT. General Data Protection Regulation (EU) 2016/679, supplemented by the Data Protection Act (DSG) 165/1999 and the Data Protection Amendment Act 2018

CONSUMER PROTECTION ACT. 24.1 The PURCHASER acknowledges that in terms of the Consumer Protection Act No 19 of 2008 ("CPA") he/she/they have the right to receive goods ("the Property") that: 24.1.1 are reasonably suitable for the purposes for which the goods are generally intended; 24.1.2 are of good quality, in good working order and free of defects; 24.1.3 comply in general with the requirements and standards contemplated in section 55 of the CPA, and accordingly the PURCHASER declares and acknowledges that after the inspection referred to in clause 7.6 above, the PURCHASER has satisfied himself/herself that taking into account the usage of the goods ("the Property") for residential purposes the provisions of the CPA are complied with (to the extent applicable). 24.2 If and to the extent applicable, for the purposes of the CPA, the PURCHASER and the signatory on its behalf (where applicable) after due consideration, by his/their signature of this Agreement acknowledge and agree that: 24.2.1 he/they has/have entered into this Agreement freely and voluntarily and that no circumstances exist for his/them alleging either now or at any future time that he/they was/were at a disadvantage in agreeing to the terms and conditions contained herein or was in anything other than an equal bargaining position with the SELLER in agreeing to such terms and conditions; 24.2.2 he/they has/have done his/their own investigations whether to enter into this Agreement or not without any undue influence, pressure, duress, harassment or unfair tactics from the SELLER; 24.2.3 he/they understand/s the content, significance and import of this Agreement without undue effort, having regard to – 24.2.3.1 the context, comprehensiveness and consistency of the Agreement; 24.2.3.2 the organisation, form and style of the Agreement; 24.2.3.3 the vocabulary, usage and sentence structure of the Agreement; and 24.2.3.4 the use of any illustrations, examples, headings or other aids to reading and understanding.

CONSUMER PROTECTION ACT. If the Consumer Protection Act No. 68 of 2008 (as amended from time to time) (“CPA”) is applicable to: (a) the relevant transaction (or a portion thereof) between the Customer and the EDDYFI pursuant to this Agreement (the “Relevant Transaction”); and (b) certain clauses in this Agreement, then such clauses shall be read and interpreted as being subject to the relevant provisions of CPA. If the CPA is not applicable to certain clauses in this Agreement then such clause shall not be read as being subject to the CPA. If the Customer is not the final consumer of the goods supplied to it in terms of this Agreement then the Customer hereby indemnifies the EDDYFI against any claims made by the final consumer of the goods against the EDDYFI in relation to the CPA on the basis that the Customer shall pay the EDDYFI one Rand for each one Rand’s worth of loss or damage suffered or incurred by the EDDYFI pursuant to any aforesaid claim made by the final consumer against the EDDYFI. The EDDYFI’s rights of indemnification as aforesaid are not limited or adversely affected regardless of whether: (a) the possibility of such loss or damage sufered or incurred by the EDDYFI was disclosed to the Customer; (b) any special circumstances applying to the EDDYFI were contemplated, or should reasonably have been foreseen by the EDDYFI and the consumer; and/or (c) the EDDYFI and the Customer contemplated, or should reasonably have foreseen, such losses or damages.