THE CONSUMER PROTECTION ACT Sample Clauses
The Consumer Protection Act clause is designed to ensure that the contract complies with relevant consumer protection laws and regulations. In practice, this clause typically clarifies that nothing in the agreement will override or limit the rights granted to consumers under applicable legislation, such as the right to fair treatment, clear information, and remedies for defective goods or services. Its core function is to safeguard consumers by ensuring that contractual terms do not unlawfully restrict their statutory rights, thereby promoting fairness and legal compliance in consumer transactions.
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THE CONSUMER PROTECTION ACT. 4.1 The Customer warrants and represents that, to the extent that its activities are subject to the CPA, it shall ensure compliance with all provisions of the CPA in its dealings with consumers, irrespective of the provisions of this Agreement.
4.2 The Customer acknowledges and confirms that at the time of signing this Agreement, its annual turnover or asset value exceeds the threshold determination contemplated in section 6 the CPA, meaning that the transaction contemplated in terms of this Agreement is exempt from the majority of the provisions of the CPA (“Threshold Amount”). The Customer undertakes to notify CBI electric low voltage, in writing, as soon as there is a material change to its business which results in it falling below the Threshold Amount so that this Agreement can be amended to ensure compliance with the CPA.
THE CONSUMER PROTECTION ACT. 19.1 The Contractor has, in the drafting of this Agreement, used its best endeavours to ensure compliance with all application laws and, without derogating from the generality hereof, more specifically the Consumer Protection Act (“the CPA”). Should this Agreement at any time require amendment in order to comply with the CPA, the Owner/s by virtue of his signature hereof, agrees to any such amendment which will be set out in writing as a schedule to this Agreement.
19.2 The Owner agrees to sign any amendment in accordance with clause 19.1 within 7 (seven) days after receipt of a written request from the Contractor, which amendment will be effective from the date of signature by both parties.
THE CONSUMER PROTECTION ACT. “Clause required under the Consumer Protection Act (Open credit contract for the use of a credit card.)
(1) If the consumer uses all or part of the credit extended to make full or partial payment for the purchase or the lease of goods or for a service, the consumer may, if the open credit contract was entered into on the making of and in relation to the sale, lease or service contract, and if the merchant and the open credit merchant collaborated with a view to granting credit, plead against the lender any ground of defense urgeable against the merchant who is the vendor, lessor, contractor or service provider. The consumer may also, in the circumstances described in the first paragraph, exercise against the open credit merchant, or against the merchant’s assignee, any right exercisable against the merchant who is the vendor, lessor, contractor or service provider if that merchant is no longer active or has no assets in Québec, is insolvent or is declared bankrupt. The open credit merchant or the merchant’s assignee is then responsible for the performance of the obligations of the merchant who is the vendor, lessor, contractor or service provider up to the amount of, as the case may be, the debt owed to the open credit merchant at the time the contract is entered into, the debt owed to the assignee at the time it was assigned to him or the payment the open credit merchant received if he assigned the debt.
(2) A consumer who is solidarily liable with another consumer for the obligations arising from an open credit contract is released from the obligations resulting from any use of the open credit account after notifying the merchant in writing that he will no longer use the credit extended and no longer intends to be solidarily liable for the other consumer’s future use of the credit extended in advance, and after providing proof to the merchant, on that occasion, that he informed the other consumer by sending him a written notice to that effect at his last known address or technological address. Any subsequent payment made by the consumer must be applied to the debts contracted before the notice was sent to the merchant.
(3) A consumer who has entered into a preauthorized payment agreement with a merchant under which payments are made out of credit obtained under a credit card contract may end the agreement at any time by sending a notice to the merchant. On receipt of the notice, the merchant must cease to collect the preauthorized payments. On receipt of...
THE CONSUMER PROTECTION ACT. 18.1. The Purchaser acknowledges that:
18.1.1. he has acquainted himself with the nature, condition, beacons, extent and locality of the land on which the Erf will be situated. The Purchaser confirms that he is aware of section 55 (6) of the Consumer Protection Act 68 of 2008 (“CPA”), in that the Erf is offered in the condition that it is in without any warranty, voetstoots and the Erf is accepted by the Purchaser; on that basis; and
18.1.2. the Purchaser has inspected the Erf and found the Erf, to the exclusion of any building thereon which forms the subject of a separate agreement, to be reasonably suitable for the purpose of which it is generally intended as set out in 55 (2) of the CPA;
18.1.3. It is recorded that the Seller and Developer are in the process of developing the land for the installation of services and consequently the Erf may have a different elevation and/or gradient once this has been completed due to soil transfer. Sale Agreement
THE CONSUMER PROTECTION ACT. 24.1 If the Consumer Protection Act No. 68 of 2008 (as amended from time to time) ("CPA") is:
24.1.1 applicable to: (a) the relevant transaction (or a portion thereof) between the customer and the supplier 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; or
24.1.2 not applicable to certain clauses in this Agreement then such clause shall not be read as being subject to the CPA.
24.2 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 supplier against any claims made by the final consumer of the goods against the supplier in relation to the CPA on the basis that the customer shall pay the supplier one Rand for each one ▇▇▇▇’▇ worth of loss or damage suffered or incurred by the supplier pursuant to any aforesaid claim made by the final consumer against the supplier. The supplier’s rights of indemnification as aforesaid are not limited or adversely affected regardless of whether: (a) the possibility of such loss or damage suffered or incurred by the supplier was disclosed to the customer;
(b) any special circumstances applying to the supplier were contemplated, or should reasonably have been foreseen, by the supplier and the consumer; and/or (c) the supplier and the customer contemplated, or should reasonably have foreseen, such losses or damages.
THE CONSUMER PROTECTION ACT. 2.1 The Winner agrees to:
2.1.1 limit the risk and/or liability of Yami Rib& Burger, or any relevant third party; and/or
2.1.2 accept certain risk and or liabilities; and/or
2.1.3 indemnify Yami Rib & Burger and/or relevant third parties.
THE CONSUMER PROTECTION ACT. Clause required under the Consumer Protection Act