Common use of Application of this Warranty Clause in Contracts

Application of this Warranty. 6.1 This Warranty applies only to those Parts sold to You by Komatsu and used within Australia within the Warranty Period. 6.2 This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part or Machine, including the fitting of attachments parts or use of consumables, that are not authorised or approved by Komatsu and which in Komatsu’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.

Application of this Warranty. 6.1 (a) This Warranty applies only to those Parts sold to You by Komatsu and Service supplied within Australia for Machines used within Australia within the Warranty Period. 6.2 (b) This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 (c) This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part Machine or MachinePart, including the fitting of attachments attachments, parts or use of consumables, that are not authorised or approved by Komatsu and which in Komatsu’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services service for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.

Application of this Warranty. 6.1 This Warranty applies only to those Parts sold to You by Komatsu and Service supplied within Australia for Machines used within Australia within the Warranty Period. 6.2 This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part Machine or MachinePart, including the fitting of attachments attachments, parts or use of consumables, that are not authorised or approved by Komatsu and which in Komatsu’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services service for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.

Application of this Warranty. 6.1 This Warranty applies only to those Parts sold to You by Komatsu and Service supplied within New Zealand for Machines used within Australia New Zealand within the Warranty Period. 6.2 This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part Machine or MachinePart, including the fitting of attachments attachments, parts or use of consumables, that are not authorised or approved by Komatsu and which in KomatsuXxxxxxx’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services service for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.

Application of this Warranty. 6.1 This Warranty applies only to those Parts new Machines sold to You by Komatsu and used within Australia within the Warranty PeriodPeriod and for which Komatsu is the authorised distributor. 6.2 This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part Machine or Machinethe Part, including the fitting of attachments parts or use of consumables, that are not authorised or approved by Komatsu and which in Komatsu’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.