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FEDERAL CONSUMER PROTECTION LAW - page 25 / 38

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VI. They bound the consumer to waive the protection of this Law, or subject the consumer to the jurisdiction of foreign courts.

ARTICLE 90 BIS.- When, after the registration, it is noted that a contract contains clauses contrary to this Law or to the Mexican Official Standards, the Agency, without requiring a formal petition, or at request of any interested party, shall proceed to cancel the relevant registration.

In such cases, the Agency shall act upon the procedure set forth in Article 123 of this Law.

Chapter XI

Breaches

ARTICLE 91.- The consumer shall be able to recover any payments made in excess to the maximum price established or stipulated, if applicable. If the supplier does not return the amount collected in excess within five business days after the claim is submitted, it shall be bound to pay, apart from the pertinent penalty, the maximum interest indicated in this article. The action to request this return shall become subject to a statute of limitations of one year as of the date when the payment took place.

The interest shall be estimated based on the average cost of funds that the Central Bank of Mexico (Banco de México) establishes, or any other rate that officially substitutes it as indicator of the cost of financial resources.

ARTICLE 92.- At their choice, consumers shall be entitled to the substitution of the product or the return of the amount paid against the delivery of the product acquired and, in any case, to a refund or compensation, in the following cases:

I. When the net content of one product or the amount delivered is less than the amount indicated in the container, receptacle or packaging, or when measuring instruments that do not comply with the applicable provisions are used, taking into consideration the tolerance limits allowed by the set of internal rules and regulations;

II. If the good does not correspond to the quality, trademark or specifications and other essential elements under which it has been offered, or does not comply with the Mexican Official Standards;

III. If the good repaired is not left in adequate conditions for its use or purpose within the term of the warranty, and

IV. Other cases set forth in this Law.

In the case of apparatus, devices and goods that, due to their characteristics require technical knowledge, the opinion of experts or the verification in laboratories duly authorized shall be observed.

If, by reason of the verification, the Agency detects that any of the presumptions set forth in this provision have been breached, it may order to inform consumers on the irregularities detected, so that they can demand from the supplier the relevant refund or compensation, under the terms of Article 98 BIS.

ARTICLE 92 BIS.- The consumers shall be entitled to a refund or compensation when a service is rendered in a deficient manner, or in case it is not rendered or provided due to causes attributable to the supplier, or in the other cases set forth by the law.

ARTICLE 92 TER.- The refund or compensation set out in Articles 92 and 92 BIS may not be less than twenty percent of the price paid. The payment of said refund or compensation shall be made without prejudice to the indemnity that may correspond by reason of any damages.

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