CONSUMER REMEDIES Clause Samples

CONSUMER REMEDIES. Notwithstanding anything in this Agreement, consumers may have the benefit of certain rights or remedies pursuant to the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) and similar state and territory laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at

CONSUMER REMEDIES. (a) If you are buying goods or services as a consumer, our liability for a failure to comply with a consumer guarantee is limited to: (i) in the case of goods: (1) repairing the goods, or paying for the cost of repairing the goods; or (2) resupplying the goods, or an equivalent good; and (ii) in the case of services: (1) resupplying the services; or (2) paying for the cost of resupplying the services.

CONSUMER REMEDIES. Notwithstanding anything in this Agreement, consumers may have the benefit of certain rights or remedies pursuant to the Competition and Consumer Act 2010 (Cth) and similar state and territory laws in Australia in respect of which liability may not be excluded. If so, then to the maximum extent permitted by law, such liability is limited, at Microsoft’s option, in the case of goods, to either (1) replacement of the goods or (2) correction of defects in the goods. Australian law requires us to notify consumer purchasers of Microsoft goods that: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

CONSUMER REMEDIES. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement. Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Choice of Law. The arbitrator shall apply: - if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or - If you are a U.S. resident, Delaware law is consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.