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FEDERAL CONSUMER PROTECTION LAW - page 24 / 38

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ARTICLE 86 QUARTER.- Any difference between the text of the adhesion contract registered with the Federal Consumer Protection Agency and the adhesion contract used to the detriment of consumers shall be rendered null and void.

ARTICLE 87.- If adhesion contracts require to be previously registered with the Agency, the suppliers shall submit them before such agency before they use them, and the agency shall limit itself to verify that the model contracts conform to the provisions of the relevant standard and to the provisions of this Law, and shall issue its decision within thirty days after the date when the application for registration was submitted. If said term elapses and the pertinent decision has not been issued, it shall be deemed that such model contracts have been approved and the Agency shall be bound to register them; in any case, the application for registration shall be deemed as proof thereof. In order to amend the obligations or conditions of the contracts that require prior registration, it shall be essential to request the amendment of the registration with the Agency, which shall be processed under the terms stipulated above.

Contracts which shall be registered as per the provisions this Law, the Mexican Official Standards and other applicable provisions and are not in fact registered, as well as contracts which registration has been denied by the Agency, shall have no effect against the consumer.

ARTICLE 87 BIS.- The Agency may publish in the Official Gazette of the Federation the model contract for those contracts that shall be registered pursuant to Article 86 of this Law, so that the suppliers may be able to use them. In such case, the supplier shall only give notice to the Agency on the adoption of the model contract, for registration purposes.

When the supplier has given notice to the Agency of the adoption of a contract under the published model contract, the supplier may not amend it nor include other clauses or exceptions to its application, without having observed the provisions of Article 87 TER. Otherwise, said amendments, additions or exceptions shall be rendered null and void.

ARTICLE 87 TER.- When the adhesion contract of a supplier contains variations regarding the model contract published by the Agency indicated in the preceding article, the supplier shall apply for its registration under the terms of the procedure set out in Article 87.

ARTICLE 88.- Interested parties may voluntarily register their model adhesion contracts even though they may not require a previous registration, provided however the Agency deems that their effects do not harm the interest of consumers, and that their text conforms to the provisions of this Law.

ARTICLE 89.- While processing model adhesion contracts, the Agency may request the supplier to provide the information of business type required to acknowledge the nature of the act subject-matter of the contract, provided however such information is not confidential nor part of a trade or commercial secret.

ARTICLE 90.- The following clauses in adhesion contracts shall be rendered null and void, and shall not be registered whenever:

I. They allow the supplier to unilaterally amend the contents of a contract, or to unilaterally evade its obligations;

II. They release the supplier of its civil liability, except when the consumer breaches the contract;

III. They transfer to the consumer or to a third party, which is not a party to the contract, the civil liability of the supplier;

IV. They set out terms concerning the statute of limitations shorter than legal ones;

V. They stipulate the performance of certain formalities so that the actions brought against the supplier may be legally admissible; and

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