Common use of Limitation of Warranty Clause in Contracts

Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise. 7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of: (a) service other than Service provided by Komatsu or Komatsu Service; or (b) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, provided that nothing shall limit the warranties provided to You independently by any supplier of such service. 7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2. 7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to: (a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or (b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service in the performance of, or in relation to this Warranty. 7.5 Nothing herein shall limit those provisions of any statutes, rules or regulations from time to time in force which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability under those statutory provisions shall be limited at its option to: (a) in the case of goods: i. the replacement of goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iii. the payment of the cost of having the goods repaired; or iv. the repair of the goods; and (b) in the case of service: i. the supply of the service again; or ii. the payment of the cost of having the service supplied again.

Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise. 7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of: (a) service other than Service provided used or reconditioned Parts or Parts which are not new at purchase; (b) parts, components or attachments not sold by Komatsu or Komatsu ServiceKomatsu; or (bc) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either of the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, items in 7.2 (a)- (b) above provided always that nothing shall limit the warranties provided any warranty given independently to You independently by any supplier OEM of such serviceparts, components or attachments referred to in 7.2(a) and (b) or for Non-Komatsu Attachments. 7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2. 7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to: (a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or (b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service Machine or Part in the performance of, or in relation to this Warranty. 7.5 Nothing herein shall limit those provisions of any the Competition and Consumer Act 2010 including the Australian Consumer Law, nor statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability under those statutory provisions shall be limited at its option to: (a) in the case of goods: i. the replacement of goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iii. the payment of the cost of having the goods repaired; or iv. the repair of the goods; and (b) in the case of serviceservices: i. the supply of the service services again; or ii. the payment of the cost of having the service services supplied again. 7.6 Subject to clause 7.5, the benefits to you given by this Warranty are in addition to any other rights and remedies you may have as a consumer under a law in relation to the goods or services to which this Warranty relates. If you are acquiring goods from Komatsu as a “consumer” as defined under Australian Consumer Law, then Komatsu advises that its goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise. 7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of: (a) service other than Service provided by Komatsu or Komatsu Service; or (b) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, provided that nothing shall limit the warranties provided to You independently by any supplier of such service. 7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2. 7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to: (a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or (b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service in the performance of, or in relation to this Warranty. 7.5 Nothing herein shall limit those provisions of any the Competition and Consumer Act 2010 Including the Australian Consumer Law, nor statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability under those statutory provisions shall be limited at its option to: (a) in the case of goods: i. the replacement of goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iii. the payment of the cost of having the goods repaired; or iv. the repair of the goods; and (b) in the case of service: i. the supply of the service again; or ii. the payment of the cost of having the service supplied again. 7.6 Subject to clause 7.5, the benefits to you given by this Warranty are in addition to any other rights and remedies you may have as a consumer under a law in relation to the goods or services to which this Warranty relates. If you are acquiring goods from Komatsu as a “consumer” as defined under Australian Consumer Law, then Komatsu advises that its goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise. 7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of: (a) service other than Service provided used or reconditioned Parts or Parts which are not new at purchase; (b) parts, components or attachments not sold by Komatsu or Komatsu ServiceKomatsu; or (bc) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either of the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, items in 7.2 (a)- (b) above provided always that nothing shall limit the warranties provided any warranty given independently to You independently by any supplier OEM of such serviceparts, components or attachments referred to in 7.2(a) and (b) or for Non-Komatsu Attachments. 7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2. 7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to: (a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or (b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service Machine or Part in the performance of, or in relation to this Warranty. 7.5 Nothing herein shall limit those provisions of any statutes, rules or regulations from time to time in force which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability under those statutory provisions shall be limited at its option to: (a) in the case of goods: i. the replacement of goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iii. the payment of the cost of having the goods repaired; or iv. the repair of the goods; and (b) in the case of serviceservices: i. the supply of the service services again; or ii. the payment of the cost of having the service services supplied again.

Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise. 7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of: (a) service other than Service provided used or reconditioned Machines or Machines which are not new at purchase; (b) tyres, filters, V-belts, carbon brushes, lamps, fuses; (c) attachments which are not manufactured and installed by Komatsu or Komatsu Servicefor and on behalf of Komatsu, provided that nothing shall limit any warranties given independently to You by any manufacturer of such attachments; (d) Machines, parts, attachments and components other than those supplied by Komatsu; or (be) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, provided that nothing shall limit the warranties provided to You independently by any supplier of such serviceitems in 7.2 (a) - (d) above. 7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2. 7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to: (a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or (b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service Machine or Part in the performance of, or in relation to this Warranty. 7.5 Nothing herein shall limit those provisions of any the Competition and Consumer Act 2010 including the Australian Consumer Law, nor statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability under those statutory provisions shall be limited at its option to: (a) in the case of goods: i. the replacement of goods or the supply of equivalent goods; or ii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iii. the payment of the cost of having the goods repaired; or iv. the repair of the goods; and (b) in the case of serviceservices: i. the supply of the service services again; or ii. the payment of the cost of having the service services supplied again. 7.6 Subject to clause 7.5, the benefits to you given by this Warranty are in addition to any other rights and remedies you may have as a consumer under a law in relation to the goods or services to which this Warranty relates. If you are acquiring goods from Komatsu as a “consumer” as defined under Australian Consumer Law, then Komatsu advises that its goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.