Australian Consumer Law. To the extent you are located in Australia: The supply of the Products or Services under this Agreement may be subject to the Australian Consumer Law, Schedule 2 of the Australian Competition and Consumer Xxx 0000 (Cth) ("Australian Consumer Law"). Where this is the case, the following statement applies in respect of any failure to comply with the consumer guarantees under the Australian Consumer Law: Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. Where the Australian Consumer Laws apply, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, subject to the limitation of liability below. You are 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.
Australian Consumer Law. Except where the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the Services will be rendered with due care and skill, and the following conditions of this clause 8 will apply.
Australian Consumer Law. You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.
Australian Consumer Law. The following applies solely to warranties subject to Subsection 102(1) of the Australian Consumer Law: Our goods come with guarantees that cannot be excluded by the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.
Australian Consumer Law. (a) Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Bike and Hire Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Australian Consumer Law. Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this agreement impacts your rights under Australian Consumer Law, including your right to a remedy if we fail to meet a consumer guarantee.
Australian Consumer Law. 16.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Xxx 0000 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Australian Consumer Law. The exclusions and limitations of liability set out in this Agreement shall apply to the fullest extent permissible at law, but the parties do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, we do not exclude liability under the Australian Consumer Law which is prohibited from being excluded. The parties acknowledge and agree that the limitations and exclusions of liability contained in this Agreement constitute an allocation of risk that forms part of the negotiated commercial terms of this Agreement.
Australian Consumer Law. If a party is a consumer for the purposes of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), then the relevant supplying party’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Accordingly: (i) for major failures with a service, the non-defaulting party (as a consumer) is entitled to cancel the relevant SOW and receive a refund for the unused portion, or to receive compensation for its reduced value; (ii) the relevant party (as a consumer) is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, the non-defaulting party (as a consumer) is entitled to have the failure rectified in a reasonable time. If this is not done, the non-defaulting party (as a consumer) is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The non-defaulting party (as a consumer) is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Australian Consumer Law. (a) Pursuant to section 64A of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) this clause applies in respect of obligations to supply goods or services under this agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, except to the extent that the recipient of the goods or services establishes that reliance on this clause would not be fair and reasonable.
