Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Non-Excludable Provision”). To the maximum extent permitted by law, Xxxxxx’s entire liability for breach of a Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): (i) replacing the relevant Goods, (ii) supplying the relevant Goods again or (iii) repairing the relevant Goods, in any such case in accordance with Sections 3.3 and 7.2.
Appears in 4 contracts
Samples: Product Terms and Conditions, Product Terms and Conditions, Product Terms and Conditions
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, Xxxxxx’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods or Software is limited to (at Oxford’s option): (i) replacing the relevant GoodsGoods or Software, (ii) supplying the relevant Goods or Software again or (iii) repairing the relevant GoodsGoods or Software, in any such case in accordance with Sections 3.3 3.4 and 7.2.
Appears in 2 contracts
Samples: Nanopore Product Terms and Conditions, Nanopore Product Terms and Conditions
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, XxxxxxOxford’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): ):
(i) replacing the relevant Goods, (ii) supplying the relevant Goods again or (iii) repairing the relevant Goods, in any such case in accordance with Sections 3.3 and Section 7.2.
Appears in 2 contracts
Samples: Gridion Agreement, Gridion Agreement
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, Xxxxxx’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): (ia) replacing the relevant Goods, (iib) supplying the relevant Goods again or (iiic) repairing the relevant Goods, in any such case in accordance with Sections 3.3 3.4 and Section 7.2.
Appears in 2 contracts
Samples: Device Purchase Agreement, Device Purchase Agreement
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, XxxxxxOxford’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): (ia) replacing the relevant Goods, (iib) supplying the relevant Goods again or (iiic) repairing the relevant Goods, in any such case in accordance with Sections 3.3 3.4 and Section 7.2.
Appears in 2 contracts
Samples: Device Purchase Agreement, Device Purchase Agreement
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, Xxxxxx’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): (i) replacing the relevant Goods, (ii) supplying the relevant Goods again or (iii) repairing the relevant Goods, in any such case in accordance with Sections 3.3 and 7.2.
Appears in 1 contract
Samples: Product Terms and Conditions
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Australian Non-Excludable Provision”). To the maximum extent permitted by law, Xxxxxx’s entire liability for breach of a an Australian Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): ):
(i) replacing the relevant Goods, (ii) supplying the relevant Goods again or (iii) repairing the relevant Goods, in any such case in accordance with Sections 3.3 and Section 7.2.
Appears in 1 contract
Samples: Gridion Agreement
Australian Customers. This Section 10.3 applies only if the Customer is located in Australia. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term of condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Competition and Consumer 2010 (Cth) (“Non-Excludable Provision”). To the maximum extent permitted by law, XxxxxxOxford’s entire liability for breach of a Non-Excludable Provision in relation to this Agreement or the Customer’s use of the Goods is limited to (at Oxford’s option): (i) replacing the relevant Goods, (ii) supplying the relevant Goods again or (iii) repairing the relevant Goods, in any such case in accordance with Sections 3.3 and Section 7.2.
Appears in 1 contract
Samples: Bulk Purchase Agreement