Common use of New Zealand only Clause in Contracts

New Zealand only. All legal, statutory or equitable liability, conditions or warranties of any type in relation to the goods or services are excluded. Where the Customer is acquiring, or holds itself out as acquiring, any goods or services for the purposes of a business, in terms of section 43(2) of the Consumer Xxxxxxxxxx Xxx 0000 (xxx Xxx) the Customer will not assert or attempt to assert any rights of claims against Komatsu under the provisions of the Act. However, nothing herein shall limit those provisions of the Act, nor statutes, rules or regulations from time to time in force in New Zealand which imply 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 is limited at its option to:

Appears in 3 contracts

Samples: Equipment Rental Agreement, Equipment Rental Agreement, Equipment Rental Agreement

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New Zealand only. All legal, statutory or equitable liability, conditions or warranties of any type in relation to the goods or services are excluded. Where the Customer is acquiring, or holds itself out as acquiring, any goods or services for the purposes of a business, in terms of section 43(2) of the Consumer Xxxxxxxxxx Xxx 0000 (xxx Xxx) the Customer will not assert or attempt to assert any rights of claims against Komatsu under the provisions of the Act. However, nothing herein shall limit limits those provisions of the Act, nor statutes, rules or regulations from time to time in force in New Zealand which imply 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 is limited at its option to:

Appears in 1 contract

Samples: Equipment Rental Agreement

New Zealand only. All legal, statutory or equitable liability, conditions or warranties of any type in relation to the goods or services are excluded. Where the Customer is acquiring, or holds itself out as acquiring, any goods or services for the purposes of a business, in terms of section 43(2) of the Consumer Xxxxxxxxxx Xxx 0000 Guarantees Act 1993 (xxx Xxxthe Act) the Customer will not assert or attempt to assert any rights of claims against Komatsu under the provisions of the Act. However, nothing herein shall limit those provisions of the Act, nor statutes, rules or regulations from time to time in force in New Zealand which imply 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 is limited at its option to:

Appears in 1 contract

Samples: Equipment Rental Agreement

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New Zealand only. All legal, statutory or equitable liability, conditions or warranties of any type in relation to the goods or services are excluded. Where the Customer is acquiring, or holds itself out as acquiring, any goods or services for the purposes of a business, in terms of section 43(2) of the Consumer Xxxxxxxxxx Xxx 0000 Guarantees Act 1993 (xxx Xxxthe Act) the Customer will not assert or attempt to assert any rights of claims against Komatsu under the provisions of the Act. However, nothing herein shall limit limits those provisions of the Act, nor statutes, rules or regulations from time to time in force in New Zealand which imply 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 is limited at its option to:

Appears in 1 contract

Samples: Equipment Rental Agreement

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