In these Terms. (a) a word denoting the singular includes the plural and vice versa; (b) a word denoting a gender includes each other gender; (c) a word denoting a natural person includes an entity and vice versa; and (d) a reference to a clause is a reference to a clause in this form. Headings are for ease of reference only and shall be ignored in construing these Terms.
In these Terms. 1.1.1. references to persons includes individuals, bodies corporate (wherever incorporated), joint ventures, unincorporated associations and partnerships or any state body;
In these Terms. 16.2.1 a day excludes weekends and gazetted public holiday in the location where an event occurs or an obligation falls due. Payment obligations are taken to fall due in Melbourne, Australia;
In these Terms. 2.3.1 when we refer to a person, this includes any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency of state or any other entity;
In these Terms. 3.1.1. References to clauses are to the clauses of these Terms;
In these Terms. (a) words denoting the singular include the plural and vice versa and words denoting any gender includes all genders;
In these Terms. Agreement on Agriculture means the World Trade Organisation Agreement on Agriculture (AoA) which was implemented on 1 January 1995 and. part of Annex 1A to the WTO Agreement (as modified from time to time); Agreement on Subsidies and Countervailing Measures means the World Trade Organisation Agreement on Subsidies and Countervailing Measures (ASCM), which came into force in 1995; SCA means the Subsidy Control Act 2022 which received Royal Assent on 28 April 2022.
In these Terms. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, NEWHOMEPAGE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In these Terms. (a) a person includes a natural person a corporate or unincorporated body (whether or not having separate legal personality);
In these Terms. Seller’s warranties are conditioned upon (i) installation, maintenance and normal use in conformity with process specifications as ordered pursuant to the Agreement, with environmental, mechanical or electrical requirements or thermal or stress limits specified, if any. If none are specified, none are warranted, and improper installation, operation contrary to instructions provided by Seller (if any are provided), or Buyer, repair or improper testing in any respect which, in the judgment of Seller, adversely affects the condition or operation of the Products. Unless specifically provided in the Agreement, Seller has furnished no instructions on use or performance criteria. Unless specified in the Agreement, Buyer uses the Product at its own risk and according to its own performance criteria and limitations. This warranty may not be expanded or modified in any way except in writing by the President of Seller. Limitation of Warranties and Liability; Disclaimer of Implied Warranties. THE LIMITED EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF (THE AGREEMENT AND THESE TERMS). All descriptions, shipping specifications and illustrations of the Products in catalogues, brochures and price lists otherwise provided by Seller and not expressly and specifically incorporated in the Agreement were and are for general guidance only, and Seller is not responsible for any errors or omissions therein or for any loss or damage resulting from reliance thereon. Seller does not warrant that it or the Products are in compliance with any industry standards, guidelines, or procedures, or with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction unless otherwise specifically provided in the Agreement. Buyer affirms that it has not relied upon Seller’s skill or judgment to select or furnish Products for any particular purpose beyond the specific express warranties in this Agreement. Seller has no continuing or future obligation to produce, maintain inventory or retain the technology or ability to produce any Products sold. NOTWITHSTANDING ANYTHING SET FORTH IN THE AGREEMENT AND THESE TERMS, AND TO THE EXTENT PERMITTED BY LA...
