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FEDERAL CONSUMER PROTECTION LAW - page 23 / 38

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ARTICLE 83.- The time that the repairs performed under the warranty may last shall not be estimated within the term of such warranty. When the good has been repaired, a warranty shall start regarding the replaced spare parts, and shall continue with respect to the rest of the components thereof. If the good is replaced, the term of the warranty shall be renewed.

ARTICLE 84.- When the consumer resorts to the Agency in order to assert his rights outside the term stipulated in the warranty, the consumer shall evidence that he presented himself with the supplier within such term.

Chapter X

Adhesion Contracts

ARTICLE 85.- For purposes of this Law, an adhesion contract shall be understood as the document drafted unilaterally by the supplier to establish, in uniform forms, the terms and conditions that apply to the acquisition of a product or the rendering of a service, even though said document does not contain all ordinary clauses of a contract. For any adhesion contract executed within the national territory to be valid, it shall be drafted in the Spanish language, and its characters shall be clearly readable. Also, it shall not stipulate unreasonable considerations under the care of consumers, unfair or inequitable obligations, or any other clause or text that breaches the provisions of this Law.

ARTICLE 86.- The Ministry, by means of the Mexican Official Standards, may subject adhesion contracts to a prior registration with the Agency whenever they imply or can imply unreasonable considerations for consumers, unfair or inequitable obligations, or high probabilities of nonperformance.

The standards may make reference to any terms and conditions, except to the price.

Adhesion contracts that are subject to registration shall contain a clause setting forth that the Agency shall have jurisdiction, by way of administrative proceedings, to settle any dispute arising from their interpretation or performance. Likewise, they shall also contain the registration number granted by the Agency.

ARTICLE 86 BIS.- Adhesion contracts to render services shall include, either in written or through electronic means, any additional, special or related services that the consumer may request in an optional manner through and by means of the basic service.

The supplier may only render any additional or related service not stipulated in the original contract with the express consent from the consumer, either in written or electronically.

ARTICLE 86 TER.- In adhesion contracts to render services, the consumer shall enjoy the following prerogatives:

I. To acquire or not the rendering of additional, special or related services to the basic service;

II. To contract the rendering of additional, special or related services with the supplier of his choice;

III. To terminate the rendering of additional, special or related services to the basic service at the moment when the consumer expressly states so to the supplier, but this shall not imply that the suspension or cancellation of the basic service is legally appropriate. The consumer may only make use of this prerogative if he is up to date in the performance of all his contractual obligations, and the minimum term agreed thereof has expired; and

IV. Other prerogatives stipulated in this Law and other laws and regulations.

The consumer shall enjoy the foregoing prerogatives even though they would have not been expressly included in the set of clauses of the adhesion contract in question.

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