Implied Terms and Consumer Guarantees. 2.17.1 Except as provided in this clause 2.17, and to the greatest extent permitted by applicable law, any condition or warranty which would otherwise be implied in this Agreement is excluded.
2.17.2 AAE supplies Products, and Customer agrees that it purchases Products, solely for the purposes of:
(a) re-supply; or
(b) using them up or transforming them, in trade or commerce:
i. in the course of a process of production or manufacture; or
ii. in the course of repairing or treating other goods. AAE does not accept purchases of Products by “consumers” as defined within section 3 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), unless accepted in writing by AAE prior to the Customer making the order.
2.17.3 Customer acknowledges that the Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Customer acknowledges it has assessed the suitability of the Products and is satisfied they are suitable for its purposes and will use them at its own risk.
2.17.4 Where legislation implies in this Agreement any condition or warranty that cannot be excluded or modified, the liability of AAE for a breach of such is limited to replacement or repair of the Product(s), the cost of replacement or repair of the Product(s), or refund of the price paid by the Customer.
2.17.5 Where applicable legislation allows, AAE may at its discretion choose which option in clause 2.17.4 shall apply provided that:
(a) AAE is promptly notified of the defect;
(b) Customer assumes payment or transportation charges to AAE’s facility; and
(c) The defect was not caused by misuse, in which case all costs shall be borne by the Customer.
Implied Terms and Consumer Guarantees. (a) Subject to subclause (b), any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
(b) Pursuant to ss 64A of the Australian Consumer Law, this subclause applies in respect of any goods or services supplied under this Agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if the Customer establishes that reliance on it would not be fair and reasonable. Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited:
(i) in the case of goods, to any one of the following as determined by the Supplier:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
Implied Terms and Consumer Guarantees. 13.1 Subject to clause 13.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded to the fullest extent permitted by law.
13.2 If Equifax is in breach of any guarantee which cannot by law be excluded or modified, Equifax’s liability for such breach is limited (at Equifax’s option) to the repair or replacement of goods, the re-supply of services or payment of the cost of same.
Implied Terms and Consumer Guarantees. To the extent permitted by law, any term, condition or warranty which would otherwise be implied into this agreement is excluded. Where a consumer guarantee or term implied by law cannot be excluded, Energy Edge’s aggregate liability for any breach of the guarantee or term is limited, at its option, to supplying the services again or paying the cost of having the services supplied again.
