Defects, Warranties and Returns, Competition and Consumer Act Sample Clauses

Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA) 10.1 The Customer must inspect the Goods on delivery and must within thirty (30) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow the Supplier to inspect the Goods. 10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). 10.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law. 10.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2. 10.6 If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Customer has paid for the Goods. 10.7 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is: (a) limited to the value of any express warranty or warranty documentation provided to the Customer by the Supplier at the Supplier’s sole discretion; (b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods; (c) otherwise negated absolutely. 10.8 Subject to this clause 10, returns will only be accepted provided that: (a) the Customer has complied with the provisions of clause 10.1; and (b) the Supplier has agreed that the Goods are defective; and (c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and (d) the Goods are returned in as close a condition to that in which they were delivered as is possible. 10.9 Notwithstanding clauses 10.1 to 1...
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Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA) 10.1 The Customer must inspect the Goods on delivery and must within seven (13) days of delivery notify the Seller in writing of any evident damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Seller to inspect the defect. 10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)‌ 8.1 The Client must inspect the goods or services on delivery and must within seven (7) days of delivery notify RHCS in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the goods or services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow RHCS to inspect the goods or services. 8.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). 8.3 RHCS acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 8.4 If the Client is a consumer within the meaning of the CCA, RHCS’s liability is limited to the extent permitted by section 64A of Schedule 2. 8.5 If RHCS is required to replace the Goods under this clause or the CCA, but is unable to do so, RHCS may refund any money the Client has paid for the Goods. 8.6 Subject to this clause 8.6, returns will only be accepted provided that: (a) the Client has complied with the provisions of clause 8.1; and (b) RHCS has agreed that the goods or services are defective; and (c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and (d) the Goods are returned in as close a condition to that in which they were delivered as is possible. 8.7 RHCS may in its absolute discretion accept non-defective Goods for return in which case RHCS may require the Client to pay handling fees of up to twenty five percent (25%) of the value of the returned Goods plus any freight costs. 8.8 Notwithstanding anything contained in this clause if RHCS is required by a law to accept a return then RHCS will only accept a return on the conditions imposed by that law. 8.9 Subject to clause 8.15customised, or non-stock list items or Incidental Items made or ordered to the Client’s specifications are not acceptable for credit or return.

Related to Defects, Warranties and Returns, Competition and Consumer Act

  • Survival of Representations, Warranties and Agreements Notwithstanding any investigation made by any party to this Agreement, all covenants, agreements, representations and warranties made by the Company and the Investor herein shall survive the execution of this Agreement, the delivery to the Investor of the Shares being purchased and the payment therefor.

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