Exclusion of other terms. This Agreement sets out the entire agreement and understanding between the Parties. All Parties warrant and represent that in entering into this Agreement they have not relied upon any statement of fact or opinion made by another Party which has not been included expressly in this Agreement. Nothing in this clause 17 shall affect the liability of any Party in respect of any misrepresentation, warranty or condition that it makes fraudulently.
Exclusion of other terms. (a) Subject to clause 1.4(b), any condition, guarantee or warranty which would otherwise be implied in this agreement is hereby excluded.
(b) Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited (at Leximancer’s election) to Leximancer providing the Licensed Software again or the payment of the cost of having the Licensed Software supplied again.
Exclusion of other terms. Entire Agreement. Additional or different terms or conditions proposed by Customer (including any additional or different terms provided in a purchase order) will be void and of no effect unless specifically accepted in writing by TESSALink, LP. Our sales invoice, this Agreement, these Terms, your design and specifications for the goods, and any other written agreement executed by both you and TESSALink, LP concerning the subject matter (collectively, the "Order") constitutes the entire agreement between you and TESSALink, LP unless modified in writing and signed by both you and TESSALink, LP.
Exclusion of other terms. The Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Exclusion of other terms. 12.1 This Agreement sets out the entire agreement and understanding between the parties. In particular, but without limitation to the generality of the foregoing, each party warrants and represents to each other party that in accepting this Agreement it has not relied upon any statement of fact or opinion made by any other party or its personnel which has not been included expressly in this Agreement. Furthermore, each party irrevocably and unconditionally waives any right it may have:
12.1.1 to rescind any agreement resulting from its acceptance of this Agreement by virtue of any misrepresentation not contained in this Agreement;
12.1.2 to claim damages for any misrepresentation not contained in this Agreement; or
12.1.3 to claim damages for breach of any warranty or condition not contained in this Agreement.
12.2 Nothing in Clause 12.1 of this Agreement shall affect the liability of any party in respect of any misrepresentation, warranty or condition that it makes fraudulently.
Exclusion of other terms. This Agreement applies to the exclusion of any other terms put forward by the Customer at any time during the Term.
Exclusion of other terms. None of the terms or conditions of the Supplier shall form any part of the Contract unless expressly agreed to in writing by the Purchaser and in the event of any conflict between this Condition and any of the terms and conditions of the Supplier issues prior to or after the date of issue of these Conditions, this Condition shall prevail notwithstanding any other equivalent provision to the contrary.
Exclusion of other terms. The terms of the Agreement are the only basis for the supply of any items or Work (whether goods, services or otherwise) by Us to You as set out in an Order Form (or any other form of order).
Exclusion of other terms. To the extent permitted by law, and except as expressly provided in any Express Warranty, all terms, conditions, warranties, representations and other rights (in each case whether express, implied, contractual, statutory or otherwise) relating in any way to the Product, any Incidental Services or this Agreement are excluded. All descriptions, specifications, drawings and particulars of weights, dimensions, functionality or performance provided by GreyScan or otherwise contained in any Documentation are approximate only. None of them form part of this Agreement or any other agreement or give rise to any independent or collateral liability of GreyScan. They are indicative only and based on results obtained by GreyScan in representative testing or measurement and are intended merely to provide a general idea of the Product and its operation. Customer is relying in its own skill and judgment in selecting the Product and, to the extent permitted by law, GreyScan does not warrant that the Product is fit for any particular use to which Customer may put it. Despite any provision of this Agreement (including clause 1 or the Order), GreyScan may change the specifications of the Product at any time (including prior to delivery) without prior notice, provided that the change has no material adverse effect upon the intended use of the Product by Customer.
Exclusion of other terms. This Deed embodies the entire understanding and the whole agreement between the Crown and Maori relative to the subject matter hereof and all previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied (including any collateral agreement or warranty) with reference to the subject matter hereof or the intentions of any of the parties hereto are extinguished and otherwise are hereby excluded and cancelled save the Treaty of Waitangi itself.
