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 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Customer failing to properly maintain or store any Goods; (b) the Customer using the Goods for any purpose other than that for which they were designed; (c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) the Customer failing to follow any instructions or guidelines provided by the Supplier; (e) fair wear and tear, any accident, or act of God. 10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10. 10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law. 10.12 The Customer acknowledges, accepts and agrees: (a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and: (b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 3 contracts
Samples: Terms and Conditions of Trade, Terms and Conditions of Trade, Terms and Conditions of Trade
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer Client must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier Seller to inspect the Goods.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 16.3 The Supplier Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierSeller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 16.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierSeller’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 16.6 If the Supplier Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Seller may refund any money the Customer Client has paid for the Goods.
10.7 16.7 If the Customer Client is not a consumer within the meaning of the CCA, the SupplierSeller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier Seller at the SupplierSeller’s sole discretion;
(b) limited to any warranty to which the Supplier Seller is entitled, if the Supplier Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.116.1; and
(b) the Supplier Seller has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerClient’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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any Goods;
(b) the Customer Client using the Goods for any purpose other than that for which they were designed;
(c) the Customer Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Client failing to follow any instructions or guidelines provided by the SupplierSeller;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 16.10 Notwithstanding anything contained in this clause if the Supplier Seller is required by a law to accept a return then the Supplier Seller will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Construction Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 14.1 The Customer must inspect the all Goods on delivery (or the Goods & Services on completion) and must within thirty (30) days of delivery notify the Supplier MBL in writing within 2 working days (48 hours) 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/Goods & Services as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer must allow the Supplier MBL to inspect the GoodsGoods or to review the Goods & Services provided.
10.2 14.2 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 14.3 MBL acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Non- Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier MBL makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Goods & Services. The Supplier’s MBL's liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s MBL's liability is limited to the extent permitted by of section 64A of Schedule 2.
10.6 14.6 If the Supplier MBL is required to replace the any Goods under this clause or the CCA, but is unable to do so, the Supplier MBL may refund any money the Customer has paid for the Goods.
10.7 14.7 If MBL is required to rectify, re-supply, or pay the cost ofre-supplying the Goods & Services under this clause or the CCA, but is unable to do so, then MBL may refund any money the Customer haspaid for the Goods & Services but only to the extent that such refund shall take into account the value of Goods & Services and Goods which have been provided to the Customer which were notdefective.
14.8 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s MBL's liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer by the Supplier MBL at the Supplier’s MBL's sole discretion;
(b) limited to any warranty to which the Supplier MBL is entitled, if the Supplier MBL did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 14.9 Subject to this clause 1014, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.113.1; and
(b) the Supplier MBL has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customer’s '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 14.10 Notwithstanding clauses 10.1 14.1 to 10.8 14.9 but subject to the CCA, the Supplier MBL shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use to allow consumption of any Goods or product after any defect became apparent or should have become apparent to a reasonably prudent operator or userconsumer;
(d) interference with the Goods & Services by the Customer or any third party without MBL's prior approval;
(e) the Customer failing to follow any instructions or guidelines provided by the SupplierMBL;
(e) fair wear and tear, any accident, or act of God.14.11 MBL may in its absolute discretion accept non- defective Goods for return in which case MBL require the goods to be in a resaleable condition
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 14.12 Notwithstanding anything contained in this clause if the Supplier MBL is required by a law to accept a return then the Supplier MBL will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer Client must inspect the Goods on delivery and must within thirty seven (307) 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 Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier to inspect the Goods.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 16.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 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 16.5 If the Customer Client is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 22 of the CCA.
10.6 16.6 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 Client has paid for the Goods.
10.7 16.7 If the Customer Client 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 card provided to the Customer Client 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 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.116.1; and
(b) the Supplier has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerClient’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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any Goods;
(b) the Customer Client using the Goods for any purpose other than that for which they were designed;
(c) the Customer Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Client failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 16.10 In the case of second hand Goods, unless the Customer Client is a consumer under the CCA, the Customer Client acknowledges that it has had full opportunity to inspect the second-second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer Client acknowledges and agrees that the Supplier has agreed to provide the Customer Client with the second-second hand Goods and calculated the Price of the second-second hand Goods in reliance of this clause 10.1016.10.
10.11 16.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Supply Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer Client must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier Contractor to inspect the Goods.
10.2 16.2 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 16.3 The Supplier Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierContractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 16.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierContractor’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 16.6 If the Supplier Contractor is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Contractor may refund any money the Customer Client has paid for the Goods.
10.7 16.7 If the Customer Client is not a consumer within the meaning of the CCA, the SupplierContractor’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier Contractor at the SupplierContractor’s sole discretion;
(b) limited to any warranty to which the Supplier Contractor is entitled, if the Supplier Contractor did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.116.1; and
(b) the Supplier Contractor has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerClient’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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any Goods;
(b) the Customer Client using the Goods for any purpose other than that for which they were designed;
(c) the Customer Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Client failing to follow any instructions or guidelines provided by the SupplierContractor;
(e) fair wear and tear, any accident, or act of God.
10.10 16.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer Client acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery same has been provided and accepts them the same with all faults and that to the extent permitted by law no warranty is given by the Supplier Contractor as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that Contractor shall not be responsible for any loss or damage to the Supplier has agreed to provide Goods, or caused by the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10Goods, or any part thereof however arising.
10.11 16.11 Notwithstanding anything contained in this clause if the Supplier Contractor is required by a law to accept a return then the Supplier Contractor will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges16.12 Subject to clause 16.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierClient’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 11.1 The Customer must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Expressway Spares 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, notification the Customer must allow the Supplier Expressway Spares to inspect the Goods.
10.2 11.2 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 11.3 Expressway Spares acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Expressway Spares 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 Expressway Spares’ liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 11.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s Expressway Spares’ liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 11.6 If the Supplier Expressway Spares is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Expressway Spares may refund any money the Customer has paid for the Goods.
10.7 11.7 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s Expressway Spares’ 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 at the time of completion by Expressway Spares, which shall be;
(i) for a period of twelve (12) months or 3,000 hours of operation whichever occurs first (unless otherwise agreed in writing) and shall be limited to parts and component replacement only labour shall not be included; and
(ii) in the event of a major failure as deemed by the Supplier at CCA, the Supplier’s sole discretion;Buyer accepts that Expressway Spares’ liability shall be limited to the value of the Goods or Services provided in accordance with clause 20.3; and
(b) limited to any warranty to which the Supplier Expressway Spares is entitled, if the Supplier Expressway Spares did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 11.8 Subject to this clause 1011, returns will only be accepted provided that:
: (a) the Customer has complied with the provisions of clause 10.111.1; 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 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer must inspect the all Goods on delivery (or the Services on completion) and must within thirty seven (307) days of delivery notify the Supplier Olectric 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 Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer must allow the Supplier Olectric to inspect the GoodsGood or to review the Services provided.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 The Supplier 16.3 Olectric acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Olectric makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierOlectric’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 16.5 If the Customer is a consumer within the meaning of the CCA, the SupplierOlectric’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 16.6 If the Supplier Olectric is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Olectric may refund any money the Customer has paid for the Goods.
10.7 16.7 If the Customer is not a consumer within the meaning of the CCA, the SupplierOlectric’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer by the Supplier Olectric at the SupplierOlectric’s sole discretion;
(b) limited to any warranty to which the Supplier Olectric is entitled, if the Supplier Olectric did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.116.1; and
(b) the Supplier Olectric 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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier Olectric shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the SupplierOlectric;
(e) fair wear and tear, any accident, or act of God.
10.10 16.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-second hand Goods prior to delivery Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier Olectric as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier Olectric has agreed to provide the Customer with the second-second hand Goods and calculated the Price of the second-second hand Goods in reliance of this clause 10.1016.10.
10.11 16.11 Olectric may in its absolute discretion accept non-defective Goods for return in which case Olectric may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
16.12 Notwithstanding anything contained in this clause if the Supplier Olectric is required by a law to accept a return then the Supplier Olectric will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges16.13 Subject to clause 16.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierCustomer’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 14.1 The Customer Client must inspect the Goods all Materials on delivery (or the Works on completion) and must within thirty two (302) days of delivery notify the Supplier H2-Pro in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier H2-Pro to inspect the GoodsMaterials or to review the Works provided.
10.2 14.2 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 14.3 H2-Pro acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Non- Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier H2-Pro makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the GoodsMaterials/Works. The SupplierH2-Pro’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierH2-Pro’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 14.6 If the Supplier H2-Pro is required to replace the Goods any Materials under this clause or the CCA, but is unable to do so, the Supplier H2-Pro may refund any money the Customer Client has paid for the GoodsMaterials.
10.7 14.7 If H2-Pro is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then H2-Pro may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
14.8 If the Customer Client is not a consumer within the meaning of the CCA, the SupplierH2-Pro’s liability for any defect or damage in the Goods Materials is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier H2-Pro at the SupplierH2-Pro’s sole discretion;
(b) limited to any warranty to which the Supplier H2-Pro is entitled, if the Supplier H2-Pro did not manufacture the GoodsMaterials;
(c) otherwise negated absolutely.
10.8 14.9 Subject to this clause 1014, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.114.1; and
(b) the Supplier H2-Pro has agreed that the Goods Materials are defective; and
(c) the Goods Materials are returned within a reasonable time at the CustomerClient’s cost (if that cost is not significant); and
(d) the Goods Materials are returned in as close a condition to that in which they were delivered as is possible.
10.9 14.10 Notwithstanding clauses 10.1 14.1 to 10.8 14.9 but subject to the CCA, the Supplier H2-Pro shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any GoodsMaterials;
(b) the Customer Client using the Goods Materials for any purpose other than that for which they were designed;
(c) the Customer Client continuing the to use of any Goods Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Customer Works by the Client or any third party without H2-Pro’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the SupplierH2-Pro;
(ef) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 14.11 Notwithstanding anything contained in this clause if the Supplier H2- Pro is required by a law to accept a return then the Supplier H2-Pro will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 11.1 The Customer must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Seller 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, notification the Customer must allow the Supplier Seller to inspect the Goods.
10.2 11.2 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-Non- Excluded Guarantees).
10.3 11.3 The Supplier Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierSeller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 11.5 If the Customer is a consumer within the meaning of the CCA, the SupplierSeller’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 11.6 If the Supplier Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Seller may refund any money the Customer has paid for the Goods.
10.7 11.7 If the Customer is not a consumer within the meaning of the CCA, the SupplierSeller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer by the Supplier Seller at the SupplierSeller’s sole discretion;
(b) limited to any warranty to which the Supplier Seller is entitled, if the Supplier Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 11.8 Subject to this clause 1011, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.111.1; and
(b) the Supplier Seller 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 11.9 Notwithstanding clauses 10.1 11.1 to 10.8 11.8 but subject to the CCA, the Supplier Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the SupplierSeller;
(e) fair wear and tear, any accident, or act of God.
10.10 In 11.10 The Seller may in its absolute discretion accept non-defective Goods for return in which case the case of second hand Goods, unless Seller may require the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior pay handling fees of up to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price twenty percent (20%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 11.11 Notwithstanding anything contained in this clause if the Supplier Seller is required by a law to accept a return then the Supplier Seller will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 19.1 The Customer Client must inspect the Goods all Materials on delivery (or the Works on completion) and must within thirty forty-eight (3048) days hours of delivery notify the Supplier Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier Contractor to inspect the GoodsMaterials or to review the Works provided.
10.2 19.2 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-Non- Excluded Guarantees).
10.3 19.3 The Supplier Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 19.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the GoodsMaterials/Works. The SupplierContractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 19.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierContractor’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 19.6 If the Supplier Contractor is required to replace the Goods any Materials under this clause or the CCA, but is unable to do so, the Supplier Contractor may refund any money the Customer Client has paid for the GoodsMaterials.
10.7 19.7 If the Customer Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
19.8 If the Client is not a consumer within the meaning of the CCA, the SupplierContractor’s liability for any defect or damage in the Goods Materials is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier Contractor at the SupplierContractor’s sole discretion;
(b) limited to any warranty to which the Supplier Contractor is entitled, if the Supplier Contractor did not manufacture the GoodsMaterials;
(c) otherwise negated absolutely.
10.8 19.9 Subject to this clause 1019, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.119.1; and
(b) the Supplier Contractor has agreed that the Goods Materials are defective; and
(c) the Goods Materials are returned within a reasonable time at the CustomerClient’s cost (if that cost is not significant); and
(d) the Goods Materials are returned in as close a condition to that in which they were delivered as is possible.
10.9 19.10 Notwithstanding clauses 10.1 19.1 to 10.8 19.9 but subject to the CCA, the Supplier Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any GoodsMaterials;
(b) the Customer Client using the Goods Materials for any purpose other than that for which they were designed;
(c) the Customer Client continuing the to use of any Goods Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Customer Works by the Client or any third party without the Contractor’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the SupplierContractor;
(ef) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods19.11 Subject to clause 19.1, unless the Customer is a consumer under the CCAnon-defective, the Customer acknowledges that it has had full opportunity to inspect the secondcustomised, or non-hand Goods prior to delivery and accepts them with all faults and that stocklist items or Materials made or ordered to the extent permitted by law no warranty is given by the Supplier as to the quality Client’s specifications are not acceptable for credit or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10return.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Construction Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 14.1 The Customer Buyer must inspect the Goods on delivery Delivery and must within thirty fourteen (3014) days of delivery Delivery notify the Supplier Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Buyer must allow the Supplier Seller to inspect the Goods.
10.2 14.2 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-Non- Excluded Guarantees).
10.3 14.3 The Supplier Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierSeller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer Buyer is a consumer within the meaning of the CCA, the SupplierSeller’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 14.6 If the Supplier Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Seller may refund any money the Customer Buyer has paid for the Goods.
10.7 14.7 If the Customer Buyer is not a consumer within the meaning of the CCA, the SupplierSeller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Buyer by the Supplier Seller at the SupplierSeller’s sole discretion;
(b) limited to any warranty to which the Supplier Seller is entitled, if the Supplier Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 14.8 Subject to this clause 1014, returns will only be accepted provided that:
(a) the Customer Buyer has complied with the provisions of clause 10.114.1; and
(b) the Supplier Seller has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerBuyer’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 14.9 Notwithstanding clauses 10.1 14.1 to 10.8 14.8 but subject to the CCA, the Supplier Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Buyer failing to properly maintain or store any Goods;
(b) the Customer Buyer using the Goods for any purpose other than that for which they were designed;
(c) the Customer Buyer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Buyer failing to follow any instructions or guidelines provided by the SupplierSeller;
(e) fair wear and tear, any accident, or act of God.
10.10 In 14.10 The Seller may in its absolute discretion accept non-defective Goods for return in which case the case Seller may require the Buyer to pay handling fees of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity up to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price thirty percent (30%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 14.11 Notwithstanding anything contained in this clause if the Supplier Seller is required by a law to accept a return return, then the Supplier Seller will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges14.12 Subject to clause 14.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierBuyer’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Confidentiality Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 15.1 The Customer Client must inspect the Goods all Materials on delivery (or the Works on completion) and must within thirty seven (307) days of delivery notify the Supplier Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier Contractor to inspect the GoodsMaterials or to review the Works provided.
10.2 15.2 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-Non- Excluded Guarantees).
10.3 15.3 The Supplier Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 15.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the GoodsMaterials/Works. The Supplier’s Contractor‟s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 15.5 If the Customer Client is a consumer within the meaning of the CCA, the Supplier’s Contractor‟s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 15.6 If the Supplier Contractor is required to replace the Goods any Materials under this clause or the CCA, but is unable to do so, the Supplier Contractor may refund any money the Customer Client has paid for the GoodsMaterials.
10.7 15.7 If the Customer Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
15.8 If the Client is not a consumer within the meaning of the CCA, the Supplier’s Contractor‟s liability for any defect or damage in the Goods Materials is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier Contractor at the Supplier’s Contractor‟s sole discretion;
(b) limited to any warranty to which the Supplier Contractor is entitled, if the Supplier Contractor did not manufacture the GoodsMaterials;
(c) otherwise negated absolutely.
10.8 15.9 Subject to this clause 1015, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.115.1; and
(b) the Supplier Contractor has agreed that the Goods Materials are defective; and
(c) the Goods Materials are returned within a reasonable time at the Customer’s Client‟s cost (if that cost is not significant); and
(d) the Goods Materials are returned in as close a condition to that in which they were delivered as is possible.
10.9 15.10 Notwithstanding clauses 10.1 15.1 to 10.8 15.9 but subject to the CCA, the Supplier Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any GoodsMaterials;
(b) the Customer Client using the Goods Materials for any purpose other than that for which they were designed;
(c) the Customer Client continuing the to use of any Goods Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Customer Works by the Client or any third party without the Contractor‟s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the SupplierContractor;
(ef) fair wear and tear, any accident, or act of God.
10.10 In 15.11 The Contractor may in its absolute discretion accept non-defective Materials for return in which case the case Contractor may require the Client to pay handling fees of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity up to inspect the secondtwenty-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price five percent (25%) of the second-hand Goods in reliance value of this clause 10.10the returned Materials plus any freight costs.
10.11 15.12 Notwithstanding anything contained in this clause if the Supplier Contractor is required by a law to accept a return then the Supplier Contractor will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer Client must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery 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 Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier to inspect the Goods.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 16.3 The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 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 16.5 If the Customer Client 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 16.6 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 Client has paid for the Goods.
10.7 16.7 If the Customer Client 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 card provided to the Customer Client 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 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.116.1; and
(b) the Supplier has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerClient’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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any Goods;
(b) the Customer Client using the Goods for any purpose other than that for which they were designed;
(c) the Customer Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Client failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 In the 16.10 The Supplier may in its absolute discretion accept non-defective Goods for return in which case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as may require the Client to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed pay handling fees of up to provide the Customer with the second-hand Goods and calculated the Price thirty percent (30%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 16.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges16.12 Subject to clause 16.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierClient’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Service Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 The Customer Client must inspect the Goods Mouldmen’s Services on delivery completion and must within thirty five (305) days of delivery such time notify the Supplier Mouldmen in writing of any evident defect/damage, shortage error or omission in quantity, the Services provided or of any other failure by Mouldmen to comply with the description of, or quotequote for, the Services which Mouldmen was to provide. The Customer Client must notify any other alleged defect in the Goods Mouldmen’s Services as soon as is reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow Mouldmen to inspect/review the Supplier to inspect the GoodsServices that were provided.
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 Mouldmen 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 Mouldmen makes no warranties or other representations under these terms and conditions including including, but not limited to to, the quality or suitability of the GoodsServices. The SupplierMouldmen’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierMouldmen’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If the Supplier Mouldmen is required to replace rectify, re-provide, or pay the Goods cost of re-providing the Services under this clause or the CCA, but is unable to do so, the Supplier may then Mouldmen refund any money the Customer Client has paid for the Goods.
10.7 If Services but only to 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 extent that such refund shall take into account the value of any express warranty or warranty documentation Services which have been provided to the Customer by the Supplier at the Supplier’s sole discretion;
(b) limited to any warranty to Client which the Supplier is entitled, if the Supplier did were not manufacture the Goods;
(c) otherwise negated absolutelydefective.
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 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Service Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 11.1 The Customer must inspect the Goods on delivery and must within thirty three (303) days of delivery notify the Supplier Company 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 Company to inspect the Goods.
10.2 11.2 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-Non- Excluded Guarantees).
10.3 11.3 The Supplier Company acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Company makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierCompany’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 11.5 If the Customer is a consumer within the meaning of the CCA, the Supplier’s Company’ liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 11.6 If the Supplier Company is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Company may refund any money the Customer has paid for the Goods.
10.7 11.7 If the Customer is not a consumer within the meaning of the CCA, the Supplier’s Company’ 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 Company at the Supplier’s Company’ sole discretion;
(b) limited to any warranty to which the Supplier Company is entitled, if the Supplier Company did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 11.8 Subject to this clause 1011, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.111.1; and
(b) the Supplier Company 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 11.9 Notwithstanding clauses 10.1 11.1 to 10.8 11.8 but subject to the CCA, the Supplier Company shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the SupplierCompany;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 11.10 Notwithstanding anything contained in this clause if the Supplier Company is required by a law to accept a return then the Supplier Company will only accept a return on the conditions imposed by that law.
10.12 The 11.11 For major failures with the Services, the Customer acknowledges, accepts and agreesis entitled:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx cancel this Contract; and:
(b) that to a refund for the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementunused portion, or to compensation for its reduced value.
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Project Stone 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, notification the Customer must allow the Supplier Project Stone to inspect the Goods.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 The Supplier 16.3 Project Stone acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Project Stone makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierProject Stone’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 16.5 If the Customer is a consumer within the meaning of the CCA, the SupplierProject Stone’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 16.6 If the Supplier Project Stone is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Project Stone may refund any money the Customer has paid for the Goods.
10.7 16.7 If the Customer is not a consumer within the meaning of the CCA, the SupplierProject Stone’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer by the Supplier Project Stone at the SupplierProject Stone’s sole discretion;
(b) limited to any warranty to which the Supplier Project Stone is entitled, if the Supplier Project Stone did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.116.1; and
(b) the Supplier Project Stone 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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier Project Stone shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the SupplierProject Stone;
(e) fair wear and tear, any accident, or act of God.
10.10 In the 16.10 Project Stone may in its absolute discretion accept non-defective Goods for return in which case of second hand Goods, unless Project Stone may require the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior pay handling fees of up to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price fifteen percent (15%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 16.11 Notwithstanding anything contained in this clause if the Supplier Project Stone is required by a law to accept a return then the Supplier Project Stone will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges16.12 Subject to clause 16.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierCustomer’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 The Customer Client must inspect the Goods Mouldmen’s Services on delivery completion and must within thirty five (305) days of delivery such time notify the Supplier Mouldmen in writing of any evident defect/damage, shortage error or omission in quantity, the Services provided or of any other failure by Mouldmen to comply with the description of, or quotequote for, the Services which Mouldmen was to provide. The Customer Client must notify any other alleged defect in the Goods Mouldmen’s Services as soon as is reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow Mouldmen to inspect/review the Supplier to inspect the GoodsServices that were provided.
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-Non- Excluded Guarantees).
10.3 The Supplier Mouldmen 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 Mouldmen makes no warranties or other representations under these terms and conditions including including, but not limited to to, the quality or suitability of the GoodsServices. The SupplierMouldmen’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierMouldmen’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If the Supplier Mouldmen is required to replace rectify, re-provide, or pay the Goods cost of re-providing the Services under this clause or the CCA, but is unable to do so, the Supplier may then Mouldmen refund any money the Customer Client has paid for the Goods.
10.7 If Services but only to 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 extent that such refund shall take into account the value of any express warranty or warranty documentation Services which have been provided to the Customer by the Supplier at the Supplier’s sole discretion;
(b) limited to any warranty to Client which the Supplier is entitled, if the Supplier did were not manufacture the Goods;
(c) otherwise negated absolutelydefective.
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 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Confidentiality Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 16.1 The Customer must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Seller 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, notification the Customer must allow the Supplier Seller to inspect the Goods.
10.2 16.2 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-Non- Excluded Guarantees).
10.3 16.3 The Supplier Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 16.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierSeller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 16.5 If the Customer is a consumer within the meaning of the CCA, the SupplierSeller’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 16.6 If the Supplier Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Seller may refund any money the Customer has paid for the Goods.
10.7 16.7 If the Customer is not a consumer within the meaning of the CCA, the SupplierSeller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer by the Supplier Seller at the SupplierSeller’s sole discretion;
(b) limited to any warranty to which the Supplier Seller is entitled, if the Supplier Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 16.8 Subject to this clause 1016, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 10.116.1; and
(b) the Supplier Seller 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 16.9 Notwithstanding clauses 10.1 16.1 to 10.8 16.8 but subject to the CCA, the Supplier Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the SupplierSeller;
(e) fair wear and tear, any accident, or act of God.
10.10 In 16.10 The Seller may in its absolute discretion accept non-defective Goods for return in which case the case of second hand Goods, unless Seller may require the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior pay handling fees of up to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price ten percent (10%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 16.11 Notwithstanding anything contained in this clause if the Supplier Seller is required by a law to accept a return then the Supplier Seller will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges16.12 Subject to clause 16.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierCustomer’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 14.1 The Customer Client must inspect the Goods all Materials on delivery (or the Works on completion) and must within thirty seven (307) days of delivery notify the Supplier Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier Contractor to inspect the GoodsMaterials or to review the Works provided.
10.2 14.2 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-Non- Excluded Guarantees).
10.3 14.3 The Supplier Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Contractor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the GoodsMaterials/Works. The SupplierContractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierContractor’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 14.6 If the Supplier Contractor is required to replace the Goods any Materials under this clause or the CCA, but is unable to do so, the Supplier Contractor may refund any money the Customer Client has paid for the GoodsMaterials.
10.7 14.7 If the Customer Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
14.8 If the Client is not a consumer within the meaning of the CCA, the SupplierContractor’s liability for any defect or damage in the Goods Materials is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier Contractor at the SupplierContractor’s sole discretion;
(b) limited to any warranty to which the Supplier Contractor is entitled, if the Supplier Contractor did not manufacture the GoodsMaterials;
(c) otherwise negated absolutely.
10.8 14.9 Subject to this clause 1014, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.114.1; and
(b) the Supplier Contractor has agreed that the Goods Materials are defective; and
(c) the Goods Materials are returned within a reasonable time at the CustomerClient’s cost (if that cost is not significant); and
(d) the Goods Materials are returned in as close a condition to that in which they were delivered as is possible.
10.9 14.10 Notwithstanding clauses 10.1 14.1 to 10.8 14.9 but subject to the CCA, the Supplier Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any GoodsMaterials;
(b) the Customer Client using the Goods Materials for any purpose other than that for which they were designed;
(c) the Customer Client continuing the to use of any Goods Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Customer Works by the Client or any third party without the Contractor’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the SupplierContractor;
(ef) fair wear and tear, any accident, or act of God.
10.10 In 14.11 The Contractor may in its absolute discretion accept non-defective Materials for return in which case the case Contractor may require the Client to pay handling fees of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity up to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price ten percent (10%) of the second-hand Goods in reliance value of this clause 10.10the returned Materials plus any freight costs.
10.11 14.12 Notwithstanding anything contained in this clause if the Supplier Contractor is required by a law to accept a return then the Supplier Contractor will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 10.1. The Customer Client must inspect the all Goods on delivery (or Services on completion) and must within thirty seven (307) days of delivery notify the Supplier ARC, in writing writing, of any evident defect/damage, shortage in quantity, quantity or failure to comply with the description or quote. The Customer Client must notify ARC of any other alleged defect in the Goods Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier ARC to inspect the Goodsrelevant Goods or Services.
10.2 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 this Agreement (“Non-Excluded Guarantees”).
10.3 The Supplier 10.3. ARC acknowledges that nothing in these terms and conditions this Agreement purports to modify or exclude the Non-Excluded Guarantees.
10.4. Subject to Clause 10.5 below, ARC warrants its labour in providing the Services for a period of twelve (12) months, subject to approval by ARC, on all goods provided and installed.
10.5. ARC will not accept liability, nor will the warranty provided for in Clause 10.4 Except as expressly set out in these terms and conditions or in respect of the Nonapply, where installation has occurred by a third-Excluded Guarantees, the Supplier makes no warranties or party Contractor other representations under these terms and conditions including but not limited to the quality or suitability of the Goodsthan a sub- contractor engaged by XXX.
10.6. The SupplierARC’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 10.7. If the Customer Client is a consumer within the meaning of the CCA, the Supplier’s ARC liability is limited to the extent permitted by section 64A of Schedule 2the Competition and Consumer Act 2010 (Cth).
10.6 10.8. If the Supplier ARC is required to replace Goods or resupply the Goods Services under this clause or the CCA, but is unable to do so, the Supplier ARC may refund any money the Customer Client has paid for the GoodsService.
10.7 10.9. If the Customer Client is not a consumer within the meaning of the CCA, the SupplierARC’s liability for any defect or damage in the Goods Service is:
(a) limited 10.9.1. Limited to the value of any express warranty or warranty documentation card provided to the Customer Client by the Supplier ARC at the SupplierARC’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 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Service Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 11.1 The Customer Buyer must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Buyer must allow the Supplier Seller to inspect the Goods.
10.2 11.2 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-Non- Excluded Guarantees).
10.3 11.3 The Supplier Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierSeller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 11.5 If the Customer Buyer is a consumer within the meaning of the CCA, the SupplierSeller’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 11.6 If the Supplier Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier Seller may refund any money the Customer Buyer has paid for the Goods.
10.7 11.7 If the Customer Buyer is not a consumer within the meaning of the CCA, the SupplierSeller’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty documentation card provided to the Customer Buyer by the Supplier Seller at the SupplierSeller’s sole discretion;
(b) limited to any warranty to which the Supplier Seller is entitled, if the Supplier Seller did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 11.8 Subject to this clause 1011, returns will only be accepted provided that:
(a) the Customer Buyer has complied with the provisions of clause 10.111.1; and
(b) the Supplier Seller has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerBuyer’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 11.9 Notwithstanding clauses 10.1 11.1 to 10.8 11.8 but subject to the CCA, the Supplier Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Buyer failing to properly maintain or store any Goods;
(b) the Customer Buyer using the Goods for any purpose other than that for which they were designed;
(c) the Customer Buyer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Buyer failing to follow any instructions or guidelines provided by the SupplierSeller;
(e) fair wear and tear, any accident, or act of God.
10.10 11.10 In the case of second hand Goods, unless the Customer Buyer is a consumer under the CCA, the Customer Buyer acknowledges that it has had full opportunity to inspect the second-second hand Goods prior to delivery Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer Buyer acknowledges and agrees that the Supplier Seller has agreed to provide the Customer Buyer with the second-second hand Goods and calculated the Price of the second-second hand Goods in reliance of this clause 10.1011.10.
10.11 11.11 The Seller may in its absolute discretion accept non-defective Goods for return in which case the Seller may require the Buyer to pay handling fees of up to twenty percent (20%) of the value of the returned Goods plus any freight costs.
11.12 Notwithstanding anything contained in this clause if the Supplier Seller is required by a law to accept a return then the Supplier Seller will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges11.13 Subject to clause 11.1, accepts and agrees:
(a) customised, or non-stocklist items or Goods made or ordered to the SupplierBuyer’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreementspecifications are not acceptable for credit or return.
Appears in 1 contract
Samples: Sales Contract
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 The Customer 14.1 You must inspect the Goods Vehicle on delivery and must within thirty forty-eight (3048) days hours of delivery notify the Supplier Us in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer You must notify any other alleged defect in the Goods Vehicle as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer notification You must allow the Supplier Us to inspect the GoodsVehicle.
10.2 14.2 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 14.3 We acknowledge that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes We make no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the GoodsVehicle. The Supplier’s Our liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer is You are a consumer within the meaning of the CCA, the Supplier’s Our liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 14.6 If the Supplier is We are required to replace rectify, re-supply, or pay the Goods cost of re-supplying any Services or Vehicles under this clause or the CCA, but is are unable to do so, the Supplier then We may refund any money the Customer has You have paid for the GoodsServices or Vehicle but only to the extent that such refund shall take into account the value of any Services or Vehicle and consumables which have been provided to You which were not defective.
10.7 14.7 If the Customer is You are not a consumer within the meaning of the CCA, the Supplier’s Our liability for any defect or damage in the Goods services or Vehicle is:
(a) 14.7.1 limited to the value of any express warranty or warranty documentation card provided to the Customer You by the Supplier Us at the Supplier’s Our sole discretion;
(b) 14.7.2 limited to any warranty to which the Supplier is We are entitled, if the Supplier We did not manufacture the GoodsVehicle;
(c) 14.7.3 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 14.8 Notwithstanding clauses 10.1 14.1 to 10.8 14.7 but subject to the CCA, the Supplier We shall not be liable for any defect or damage which may be caused or partly caused by by, or arise as a result of:
(a) the Customer 14.8.1 You failing to properly maintain or store any GoodsVehicle;
(b) 14.8.2 You interfering with the Customer Vehicle in any way without Our written approval to do so;
14.8.3 You using the Goods Vehicle for any purpose other than that for which they were it was designed;
(c) the Customer 14.8.4 You continuing the use of any Goods the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer 14.8.5 You failing to follow any instructions or guidelines provided by the SupplierUs;
(e) 14.8.6 fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price of the second-hand Goods in reliance of this clause 10.10.
10.11 Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Rental Agreement
Defects, Warranties and Returns, Competition and Consumer Act. 2010 (CCA)
10.1 14.1 The Customer Client must inspect the Goods on delivery Delivery and must within thirty seven (307) days of delivery Delivery notify the Supplier WPC in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, notification the Customer Client must allow the Supplier WPC to inspect the Goods.
10.2 14.2 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-Non- Excluded Guarantees).
10.3 The Supplier 14.3 WPC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier WPC makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The SupplierWPC’s liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 14.5 If the Customer Client is a consumer within the meaning of the CCA, the SupplierWPC’s liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 14.6 If the Supplier WPC is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier WPC may refund any money the Customer Client has paid for the Goods.
10.7 14.7 If the Customer Client is not a consumer within the meaning of the CCA, the SupplierWPC’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 Client by the Supplier WPC at the SupplierWPC’s sole discretion;
(b) limited to any warranty to which the Supplier WPC is entitled, if the Supplier WPC did not manufacture the Goods;
(c) otherwise negated absolutely.
10.8 14.8 Subject to this clause 1014, returns will only be accepted provided that:
(a) the Customer Client has complied with the provisions of clause 10.114.1; and
(b) the Supplier WPC has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the CustomerClient’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 14.9 Notwithstanding clauses 10.1 14.1 to 10.8 14.8 but subject to the CCA, the Supplier WPC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer Client failing to properly maintain or store any Goods;
(b) the Customer Client using the Goods for any purpose other than that for which they were designed;
(c) the Customer Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer Client failing to follow any instructions or guidelines provided by the SupplierWPC;
(e) fair wear and tear, any accident, or act of God.
10.10 In 14.10 WPC may in its absolute discretion accept non-defective Goods for return in which case WPC may require the case Client to pay handling fees of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity up to inspect the second-hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that the Supplier has agreed to provide the Customer with the second-hand Goods and calculated the Price twenty five percent (25%) of the second-hand value of the returned Goods in reliance of this clause 10.10plus any freight costs.
10.11 14.11 Notwithstanding anything contained in this clause if the Supplier WPC is required by a law to accept a return then the Supplier WPC will only accept a return on the conditions imposed by that law.
10.12 The Customer acknowledges, accepts and agrees:
(a) to the Supplier’s warranty policy statement available from xxxx://xxx.xxxxxxxxxxx.xxx and:
(b) that the separate “Warranty Conditions” document available from xxxx://xxx.xxxxxxxxxxx.xxx forms part of these terms and conditions and should be read in conjunction with this agreement
Appears in 1 contract
Samples: Contract
