Non-Excludable Guarantee. If the Client is a consumer as defined in the Australian Consumer Law (ACL), the Services and any goods come with guarantees that cannot be excluded under the ACL. For major failures with the Service, the Client is entitled:
(a) to cancel this Agreement; and
(b) to a refund for the unused portion, or to compensation for its reduced value. The consumer is also entitled to choose a refund or replacement for major failures with goods. The consumer is also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, the consumer is are entitled to have problems rectified in a reasonable time and if this is not done, the consumer is entitled to a refund for the goods and to cancel the Agreement and obtain a refund for the unused portion of the Agreement (if any).
Non-Excludable Guarantee. (a) Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Customer by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).
(b) To the maximum extent permitted by law, Xxxxxx's liability for breach of a Non-Excludable Guarantee is limited, at Cirrus's option, to:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
