Australian Consumer Law

ADDITIONAL CLAUSES FOR AUSTRALIAN CLIENTS with contracts less than AUD Forty thousand (40,000)

1. Governing Law. The Uniform Computer Information Transactions Act (“UCITA”) will not apply to this Agreement regardless of when and how it is adopted, enacted and further amended under the laws of the applicable jurisdiction. If UCITA is adopted and enacted in the applicable jurisdiction and, as a result of such adoption and enactment or any subsequent amendment, the Parties agree to take such action as may be reasonably required, including amending this Agreement accordingly.
   
   
2. If Client’s registered office is located in Australia then this Agreement will be governed by the laws of New South Wales, without regard to its conflict of law principles. The Parties submit to the exclusive jurisdiction of the court in the State of New South Wales, Australia. In addition, the provisions of the SSA’s General clauses  are included in this Agreement.
   
   
3. If Client’s registered office is located in the United Kingdom then this Agreement will be governed by the laws of England and Wales, without regard to its conflict of law principles. The Parties submit to the exclusive jurisdiction of the court in London, United Kingdom. In addition, the provisions of the SSA’s General clauses  are included in this Agreement.
   
   
4. If Client has its registered office in any country other than Australia, then the Agreement will be governed by the laws of England and Wales, without regard to its conflict of law principles. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be London, England. The language of the arbitration shall be English. In addition, the provisions of the SSA’s General clauses are included in this Agreement.
   
   
5. Only where this Agreement is governed by the laws of New South Wales, Australia then the following provisions apply
   
   
6. Where Client is entitled to the benefits of the Australian Consumer Law, and Client has entered into this Agreement which is of a type of agreement that entitle Client to the benefit of the statutory guarantees under sections 54 to 59 or 60 to 62 of the Australian Consumer Law then the provisions of the SSA’s General clauses apply.
   
   
7. This Agreement must be interpreted subject to the provisions of the Australian Consumer Law. The provisions of the SSA’s Warranty clauses do not apply. The following provisions are included in this Agreement:
   
   
   1. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
      
      
   2. Client may send Natterbox any notice relating to a claim under the Australian Consumer Law in accordance with the Australian Consumer Law.
      
      
   3. Client may also have the right to terminate this Agreement in accordance with Australian Consumer Law.
      
      
   4. To the extent permitted by law, Natterbox’s liability for breach of a statutory guarantee under sections 54 to 59 of the Australian Consumer Law is limited to one or more of the following, at Natterbox’s option:
      
      
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
      4. or the payment of the cost of having the goods repaired. 
   5. To the extent permitted by law, Natterbox’s liability for breach of a statutory guarantee under sections 60 to 62 of the Australian Consumer Law is limited to one or more of the following, at Natterbox’s option:
      
      
      1. supplying the services again; or 
      2. payment of the cost of having the services supplied again.
8. Warranty against Defects. Where Client is entitled to the benefits of the statutory guarantees under sections 54 to 59 or 60 to 62 of the Australian Consumer Law then Regulation 90 (issued under that Act) applies. Accordingly, Natterbox provides Client with the following information as is required by Regulation 90:
   
   
   1. The services that are provided to remedy any defect in the Natterbox Provided Hardware, the System or the Services are a “Warranty Against Defects” as defined in Regulation 90. These services are provided by Natterbox Pty Limited ABN 52 150 038 707 of Salesforce Tower, Sydney Place, Level 22, 180 George Street, Sydney, NSW 2000, Australia, telephone number +61 2 8244 3000, email address apac@natterbox.com
      
      
   2. In order to make use of this service Client must contact Natterbox’s local office by email during the period of this Agreement: Email address apac@natterbox.com 
9. When you make use of this service, we will use our best efforts to provide a remedy or a workaround for any defect in the Natterbox Provided Hardware, the System or the Services in a timeframe that is reasonable given the nature of the issue and the impact on your business operations. The costs for the service that Natterbox provides as a Warranty Against Defects service are included within the Fees that are set out in the Client Sales Order. No additional fees are payable by you for this service. You are responsible for any expenses you incur in using this service.
   
   “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
   
   
10. The benefits that we provide to consumers under the Warranty Against Defects are in addition to any other rights or remedies a consumer may have in respect of these goods or services under the Australian Consumer Law.
    
    
11. Natterbox also provides the following notices in accordance 16.4 with Regulation 91 of the Australian Consumer Law.
    
    “Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired.  Refurbished parts may be used to repair the goods.
    
    Where Natterbox repairs hardware that is capable of retaining user-generated data, Natterbox hereby notifies Client that that repair of the goods may result in loss of the data”.