Consumer Guarantees. (a) Under the Australian Consumer Law, consumers (as defined in the ACL) have the benefit of certain Consumer Guarantees:
Consumer Guarantees. You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
Consumer Guarantees. If You are a Consumer, then certain Consumer guarantees will apply in respect of Our supply of goods (including electricity) or services (if any) to You under applicable Consumer Laws. These terms cannot be excluded or modified by any provision of this Contract. If We fail to comply with these Consumer guarantees, then You may have a right against Us under the Australian Consumer Law.
Consumer Guarantees. We agree to provide services to you subject only to the terms, conditions and warranties contained in the agreement and those imposed by law which cannot be excluded. For example, if we supply equipment or a service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost is of a kind ordinarily acquired for personal, domestic or household use, then consumer guarantees require that the service will be provided with due care and skill and that the equipment will be of acceptable quality. Certain remedies are available to you under the Australian Consumer Law if the service or equipment we supply to you fails to meet the standard required by applicable consumer guarantees.
Consumer Guarantees. The parties agree that the services being provided under this Agreement are not normally acquired for personal or household use and, as such, the Consumer Guarantees Act 1993 does not apply.
Consumer Guarantees. Despite the limitations on liability and remedies contained in Section 6.1 of this Contract and the disclaimer of warranties contained in Section 6.2 of this Contract, nothing in this Contract excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Dealer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. To the fullest extent permitted by law, the liability of John Deere for a breach of a non excludable guarantee referred to in Sections 6.1 and 6.2 of this Contract is limited, at John Deere's option, to:
Consumer Guarantees. (a) Uniti agree to install equipment at your Premises and to provide your Service to you subject only to the terms, conditions and warranties contained in the Customer Service Agreement and any non- excludable rights you have under the Australian Consumer Law, including in particular under any applicable Consumer Guarantees.
Consumer Guarantees. Nothing in this Agreement is to be read to limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Xxx 0000 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). All terms of this Agreement are to be read subject to the Non-Excludable Guarantees, to the extent that they are applicable.
Consumer Guarantees. To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on ESL are excluded under these terms. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits ESL to limit its liability, then ESL's liability is limited to (at its option):
Consumer Guarantees. IF THE AUSTRALIAN CONSUMER LAW APPLIES TO THE SERVICES PROVIDED BY PROS HEREUNDER, THEN THE SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN CONSUMER LAW, AND THE CUSTOMER MAY BE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. IF THE AUSTRALIAN CONSUMER LAW APPLIES, THE CUSTOMER IS ALSO ENTITLED TO HAVE THE SERVICES REPAIRED OR RESUPPLIED IF THE SERVICES FAIL TO BE OF ACCEPTABLE QUALITY.
