Statutory Protections. (a) If any statutory protection imposed by law in relation to the sale or supply of goods or services which cannot lawfully be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent is breached then, to the extent permitted by law, End User’s remedy in respect of such statutory provisions is limited, at Vocera’s option, to: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) in the case of services: (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again. (b) Xxxxxx’s supplies are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Despite this, if the End User acquires supplies deemed to be consumer goods or services under the Australian Consumer Law, section 7(c) applies to those supplies to the extent Vocera’s liability is not otherwise validly limited or excluded under these terms. Any benefits given to End User in these terms relating to repair, replacement, providing again, rectifying or providing compensation in connection with those supplies are in addition to End User’s other statutory protections and remedies. (c) Vocera’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. End User is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. End User is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Appears in 4 contracts
Samples: Master Purchase Agreement, Master Purchase Agreement, End User License Agreement
Statutory Protections. (a) If any statutory protection imposed by law in relation to the sale or supply of goods or services which cannot lawfully be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent is breached then, to the extent permitted by law, End User’s 's remedy in respect of such statutory provisions is limited, at Vocera’s 's option, to: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) in the case of services: (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
(b) Xxxxxx’s Vocera's supplies are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Despite this, if the End User acquires supplies deemed to be consumer goods or services under the Australian Consumer Law, section 7(c) 6.2 applies to those supplies to the extent Vocera’s 's liability is not otherwise validly limited or excluded under these terms. Any benefits given to End User in these terms relating to repair, replacement, providing again, rectifying or providing compensation in connection with those supplies are in addition to End User’s 's other statutory protections and remedies.
(c) Vocera’s 's goods come with guarantees that cannot be excluded under the Australian Consumer Law. End User is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. End User is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Statutory Protections. (a) If any statutory protection imposed by law in relation to the sale or supply of goods or services which cannot lawfully be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent is breached then, to the extent permitted by law, End User’s remedy in respect of such statutory provisions is limited, at Vocera’s option, to: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) in the case of services: (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
(b) XxxxxxVocera’s supplies are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Despite this, if the End User acquires supplies deemed to be consumer goods or services under the Australian Consumer Law, section 7(c) applies to those supplies to the extent Vocera’s liability is not otherwise validly limited or excluded under these terms. Any benefits given to End User in these terms relating to repair, replacement, providing again, rectifying or providing compensation in connection with those supplies are in addition to End User’s other statutory protections and remedies.
(c) Vocera’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. End User is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. End User is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Appears in 2 contracts
Samples: Master Purchase Agreement, Master Purchase Agreement
Statutory Protections. (a) If any statutory protection imposed by law in relation to the sale or supply of goods or services which cannot lawfully be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent is breached then, to the extent permitted by law, End User’s 's remedy in respect of such statutory provisions is limited, at Vocera’s 's option, to: (a) in the case of goods: (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) in the case of services: (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
(b) Xxxxxx’s 's supplies are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Despite this, if the End User acquires supplies deemed to be consumer goods or services under the Australian Consumer Law, section 7(c) 6.2 applies to those supplies to the extent Vocera’s 's liability is not otherwise validly limited or excluded under these terms. Any benefits given to End User in these terms relating to repair, replacement, providing again, rectifying or providing compensation in connection with those supplies are in addition to End User’s 's other statutory protections and remedies.
(c) Vocera’s Xxxxxx's goods come with guarantees that cannot be excluded under the Australian Consumer Law. End User is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. End User is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Appears in 1 contract
Samples: Master Purchase Agreement