Common use of Implied Terms Excluded Clause in Contracts

Implied Terms Excluded. 38.01 Except as otherwise specified in this Agreement, the Parties exclude any other warranty, condition or other undertaking implied at Law or by custom (including implied warranty of merchantability or fitness) or otherwise arising other than by express written agreement between the Parties. Without limiting the generality of the foregoing, Seller expressly does not warrant supply of Gas at any level, and Xxxxx acknowledges and agrees that the obligation to supply Gas will remain subject to the availability of Gas.

Implied Terms Excluded. 38.01 Except as otherwise specified in this Agreement, the Parties exclude any other warranty, condition or other undertaking implied at Law or by custom (including implied warranty of merchantability or fitness) or otherwise arising other than by express written agreement between the Parties. Without limiting the generality of the foregoing, Seller expressly does not warrant supply of Gas at any level, and Xxxxx acknowledges and agrees that the obligation to supply Gas will remain subject to the availability of Gas.