Non-excludable Rights. The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in a Supply Agreement and there are rights and remedies conferred on the Customer in relation to the provision of Supply Items which cannot be excluded, restricted or modified by agreement (Non-excludable Rights).
Non-excludable Rights. You may have rights under the Telecommunications Act, the Australian Consumer Law and other Laws which apply to the Service. Nothing in the Agreement (including the other provisions of this clause 16) limits or removes these rights where it would be unlawful to do so.
Non-excludable Rights. Nothing in this Agreement shall be construed as limiting, excluding or modifying any warranty, guarantee or other right enjoyed by Licensee which cannot lawfully be limited, excluded or modified, including any statutory guarantee provided to
Non-excludable Rights. The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Hirer in relation to the provision of the Plant which cannot be excluded, restricted or modified by this agreement (“Non-excludable Rights”).
Non-excludable Rights. The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).
Non-excludable Rights. The parties acknowledge that, under the Australian Consumer Law (Cth), certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies conferred on the Hirer in relation to the provision of the Equipment or Work which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).
Non-excludable Rights. (a) Xxxx'x goods and services come with guarantees that cannot be excluded under the Australian Consumer law.
(b) For major failures with the service, Customer is entitled (at its option):
(i) to cancel its service contract with Xxxx; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.
(c) If a failure with the goods or a service does not amount to a major failure, Customer is entitled to have the failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
(d) To the extent permitted by law and subject to this clause 15.3, Xxxx excludes all conditions, warranties and terms not expressly set out in this Agreement. Where applicable law provides any consumer guarantee, condition or warranty which cannot be excluded, Xxxx'x liability for any breach of such consumer guarantee, condition or warranty will be limited to the extent permitted by applicable law to, at its option to the provision of the entitlements set out in this clause 15.3.
Non-excludable Rights. In all cases where this User Agreement, statute, international convention or otherwise do not exclude the liability of Online Customs Brokers, the liability of Online Customs Brokers whatsoever and howsoever causes shall be limited to whichever is the lesser between the value of the Goods being the subject of the Agreement or Australian $200.
