Consumer Guarantees Act. The following provisions apply: (a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations: (i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("Distributor Warranties"); and (ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties"); (b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business; (c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and (d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 53 contracts
Sources: Distributor Agreement, Distributor Agreement, Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject Subject to clause 29.127.1, the Trader mustRetailer will, to the fullest extent permitted by law and law, including if where the Customer Consumer is acquiring acquiring, or holds itself out as acquiring acquiring, electricity for the purpose of a business, exclude from each of all its Customer Agreements Consumer Contracts (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the services to be provided by the Distributor under this Agreement agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader Retailer by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity goods to be provided by the Trader Retailer under the Customer Agreement Consumer Contract ("Trader “Retailer Warranties"”);.
(b) if If the Customer Consumer on-supplies electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreementagreement between it and the Consumer, require the Customer Consumer to include provisions in all agreements between the Customer Consumer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law, including if where the end-user is acquiring, or holds itself as acquiring, electricity for the purposes purpose of a business;.
(c) to To avoid doubt, nothing in this clause 24.9 26.14 affects the rights of any Customer Consumer under the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that cannot be excluded by lawLaw, nor does it preclude the Trader Retailer from offering in its Customer Agreements Consumer Contracts its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude services where such warranties, guarantees, guarantees or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 are not of the Consumer Guarantees Act 1993kind referred to in sub- clause (a)(ii).
Appears in 3 contracts
Sources: Use of System Agreement, Use of System Agreement, Use of System Agreement Electricity
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("“Trader Warranties"”);
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 3 contracts
Sources: Distributor Agreement, Distributor Agreement, Distribution Agreement
Consumer Guarantees Act. The following provisions apply:
(a) : subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties");
(b) ; if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, acquiring or holds itself as acquiring, electricity for the purposes of a business;
(c) ; to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) and for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, guarantees or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 2 contracts
Sources: Distributor Agreement, Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.118.1, the Trader mustRetailer will, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of all its Customer Agreements (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the services supply of electricity to be provided the Customer by the Distributor under this Agreement agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader Retailer by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity by the Trader Retailer under the Customer Agreement ("Trader “Retailer Warranties"”);
(b) if the Customer on-supplies electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that cannot be excluded by law, nor does it preclude the Trader Retailer from offering in its Customer Agreements its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇.
Appears in 2 contracts
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the services to be provided by the Distributor under this Agreement ("Distributor Warranties"); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties");
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇.
Appears in 2 contracts
Sources: Default Distributor Agreement, Default Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Agreement(“Trader Warranties"”);
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 or any other law that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject Subject to clause 29.127.1, the Trader mustRetailer will, to including where the fullest extent permitted by law and including if the Customer Consumer is acquiring acquiring, or holds itself out as acquiring acquiring, electricity for the purpose of a business, exclude from each of all its Customer Agreements Consumer Contracts (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the services to be provided by the Distributor under this Agreement agreement ("“Distributor Warranties"”), to the fullest extent permitted by law; and
(ii) imposed on the Trader Retailer by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity by the Trader Retailer under the Customer Agreement Consumer Contract ("Trader “Retailer Warranties");”) , to the fullest extent permitted by law.
(b) if If the Customer Consumer on-supplies electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreementagreement between it and the Consumer, require the Customer Consumer to include provisions in all agreements between the Customer Consumer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law, including if where the end-user is acquiring, or holds itself as acquiring, electricity for the purposes purpose of a business;.
(c) to To avoid doubt, nothing in this clause 24.9 26.14 affects the rights of any Customer Consumer under the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that cannot be excluded by lawLaw, nor does it preclude the Trader Retailer from offering in its Customer Agreements Consumer Contracts its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude services where such warranties, guarantees, guarantees or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 are not of the Consumer Guarantees Act 1993kind referred to in sub- clause (a)(ii).
Appears in 1 contract
Sources: Use of System Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.118.1, the Trader mustRetailer will, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of all its Customer Agreements (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services supply of electricity to be provided the Customer by the Distributor under this Agreement agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader Retailer by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader Retailer under the Customer Agreement ("Trader “Retailer Warranties"”);
(b) if the Customer on-supplies electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader Retailer from offering in its Customer Agreements its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Use of System Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.118.1, the Trader mustRetailer will, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of all its Customer Agreements (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, guarantees or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services Services to be provided by the Distributor under this Agreement agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader Retailer by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader Retailer under the Customer Agreement ("Trader “Retailer Warranties"”);
(b) if the Customer on-supplies electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader Retailer from offering in its Customer Agreements its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Use of System Agreement
Consumer Guarantees Act. The following provisions apply:
(a) : subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("Distributor Warranties"); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties");
(b) ; if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) ; to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) and for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader musttheThe Retailer will, to the fullest extent permitted by law and law, including if where the Customer Consumer is acquiring acquiring, or holds itself out as acquiring acquiring, electricity for the purpose of a business, exclude from each of all its Customer Electricity Supply Agreements (which includes a contract between the Trader Retailer and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:):
(i) all warranties, guarantees or obligations imposed on the Distributor by to any Consumer concerning the supply of electricity to the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor by under this Agreement ("Distributor Warranties"); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity to the Consumer by the Trader Distributor (“Distributor Warranties”); and
(ii) ifall warranties, guarantees or obligations imposed on the Retailer to any Consumer under the Customer Agreement Consumer ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ or any other law concerning the supply of electricity to the Consumer by the Retailer ("Trader “Retailer Warranties"”);.
(b) if If the Customer Consumer on-supplies sells electricity to an end-user the Trader mustRetailer will, as a condition of any Customer Agreementagreement between it and the Consumer, require the Customer Consumer to include provisions in all agreements between the Customer Consumer and an end-user, excluding all Distributor Warranties and Trader Retailer Warranties to the fullest extent permitted by law; and, including if where the end-user is acquiring, or holds itself as acquiring, electricity for the purposes purpose of a business;.
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer Consumer under the Consumer Guarantees Act 1993 ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ that cannot be excluded by law, nor does it preclude the Trader Retailer from offering in its Customer Electricity Supply Agreements its own warranties, guarantees, guarantees or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Use of System Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Warranties");
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Distributor Agreement
Consumer Guarantees Act. The following provisions apply:
(a) subject to clause 29.1, the Trader must, to the fullest extent permitted by law and including if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business, exclude from each of its Customer Agreements (which includes a contract between the Trader and a purchaser of electricity that is not an end user) all warranties, guarantees, or obligations:
(i) imposed on the Distributor by the Consumer Guarantees Act 1993 or any other law concerning the services to be provided by the Distributor under this Agreement ("“Distributor Warranties"”); and
(ii) imposed on the Trader by the Consumer Guarantees Act 1993 or any other law concerning the supply of electricity by the Trader under the Customer Agreement ("Trader Agreement("Trader Warranties");
(b) if the Customer on-supplies electricity to an end-user the Trader must, as a condition of any Customer Agreement, require the Customer to include provisions in all agreements between the Customer and an end-user, excluding all Distributor Warranties and Trader Warranties to the fullest extent permitted by law, including if the end-user is acquiring, or holds itself as acquiring, electricity for the purposes of a business;
(c) to avoid doubt, nothing in this clause 24.9 affects the rights of any Customer under the Consumer Guarantees Act 1993 that cannot be excluded by law, nor does it preclude the Trader from offering in its Customer Agreements its own warranties, guarantees, or obligations pertaining to distribution services; and
(d) for the purposes of paragraph (a), the obligation to exclude warranties, guarantees, or obligations if the Customer is acquiring or holds itself out as acquiring electricity for the purpose of a business only applies if such exclusion is permissible under section 43 of the Consumer Guarantees Act 1993.
Appears in 1 contract
Sources: Distributor Agreement