Conditions and warranties of the Contract. Except as otherwise provided in this Contract or prohibited by law, all other terms, conditions, or warranties implied by law (except those statutory guarantees implied pursuant to the Australian Consumer Law), custom, or usage are excluded. Despite any other provision of this Contract, nothing in this Contract is to be read as excluding, restricting or modifying the application of the Australian Consumer Law which cannot be excluded, restricted or modified. Notwithstanding any other provision of this Contract, our liability, if any, for anything arising out of or in connection with the provision of any Service under this Contract (including a breach of a guarantee or warranty implied by the Australian Consumer Law in relation to the supply of any Service, not of a kind ordinarily acquired for personal, domestic or household use or consumption) is limited, at our option, to: (a) the supplying of the Service again; or (b) the payment of the cost of having the Service supplied again. Notwithstanding any other provision of this Contract, our liability, if any, for anything arising out of or in connection with the supply of goods under this Contract (including a breach of a guarantee or warranty implied by any law (including any Legislative Requirements), except for any guarantee or warranty implied by sections 51, 52 or 53 of the Australian Consumer Law, in relation to the supply of any goods, not ordinarily acquired for personal, domestic or household use or consumption) is limited, at our option, to the:
Appears in 2 contracts
Sources: Customer Contract, Customer Contract
Conditions and warranties of the Contract. Except as otherwise provided in this Contract or prohibited by law, all other terms, conditions, or warranties implied by law (except those statutory guarantees implied pursuant to the Australian Consumer Law), custom, or usage are excluded. Despite any other provision of this Contract, nothing in this Contract is to be read as excluding, restricting or modifying the application of the Australian Consumer Law which cannot be excluded, restricted or modified. Notwithstanding any other provision of this Contract, our liability, if any, for anything arising out of or in connection with the provision of any Service under this Contract (including a breach of a guarantee or warranty implied by the Australian Consumer Law in relation to the supply of any Service, not of a kind ordinarily acquired for personal, domestic or household use or consumption) is limited, at our option, to:
(a) the supplying of the Service again; or
(b) the payment of the cost of having the Service supplied again. Notwithstanding any other provision of this Contract, our liability, if any, for anything arising out of or in connection with the supply of goods under this Contract (including a breach of a guarantee or warranty implied by any law (including any Legislative Requirements), except for any guarantee or warranty implied by sections Sections 51, 52 or 53 of the Australian Consumer Law, in relation to the supply of any goodsgoods and services, not ordinarily acquired for personal, domestic or household use or consumption) is limited, at our option, to the:
(c) replacement of the goods or the supply of equivalent goods;
(d) repair of the goods, however we cannot provide facilities and parts for the repair of any goods supplied to You by us pursuant to this Contract;
Appears in 1 contract
Sources: Customer Contract