Common use of CONSUMER PROTECTION ACT Clause in Contracts

CONSUMER PROTECTION ACT. If the Consumer Protection Act No. 68 of 2008 (as amended from time to time) (“CPA”) is applicable to: (a) the relevant transaction (or a portion thereof) between the Customer and the EDDYFI pursuant to this Agreement (the “Relevant Transaction”); and (b) certain clauses in this Agreement, then such clauses shall be read and interpreted as being subject to the relevant provisions of CPA. If the CPA is not applicable to certain clauses in this Agreement then such clause shall not be read as being subject to the CPA. If the Customer is not the final consumer of the goods supplied to it in terms of this Agreement then the Customer hereby indemnifies the EDDYFI against any claims made by the final consumer of the goods against the EDDYFI in relation to the CPA on the basis that the Customer shall pay the EDDYFI one Rand for each one Rand’s worth of loss or damage suffered or incurred by the EDDYFI pursuant to any aforesaid claim made by the final consumer against the EDDYFI. The EDDYFI’s rights of indemnification as aforesaid are not limited or adversely affected regardless of whether: (a) the possibility of such loss or damage sufered or incurred by the EDDYFI was disclosed to the Customer; (b) any special circumstances applying to the EDDYFI were contemplated, or should reasonably have been foreseen by the EDDYFI and the consumer; and/or (c) the EDDYFI and the Customer contemplated, or should reasonably have foreseen, such losses or damages.

CONSUMER PROTECTION ACT. If the Consumer Protection Act No. 68 of 2008 (as amended from time to time) (“CPA”) is applicable to: (a) the relevant transaction (or a portion thereof) between the Customer and the EDDYFI pursuant to this Agreement (the “Relevant Transaction”); and (b) certain clauses in this Agreement, then such clauses shall be read and interpreted as being subject to the relevant provisions of CPA. If the CPA is not applicable to certain clauses in this Agreement then such clause shall not be read as being subject to the CPA. If the Customer is not the final consumer of the goods supplied to it in terms of this Agreement then the Customer hereby indemnifies the EDDYFI against any claims made by the final consumer of the goods against the EDDYFI in relation to the CPA on the basis that the Customer shall pay the EDDYFI one Rand Xxxx for each one Rand’s Xxxx’x worth of loss or damage suffered or incurred by the EDDYFI pursuant to any aforesaid claim made by the final consumer against the EDDYFI. The EDDYFI’s rights of indemnification as aforesaid are not limited or adversely affected regardless of whether: (a) the possibility of such loss or damage sufered or incurred by the EDDYFI was disclosed to the Customer; (b) any special circumstances applying to the EDDYFI were contemplated, or should reasonably have been foreseen by the EDDYFI and the consumer; and/or (c) the EDDYFI and the Customer contemplated, or should reasonably have foreseen, such losses or damages.