Statutory Warranties. Where any Applicable Law implies in this Client Agreement any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to have been included in this Client Agreement. However, our liability for any breach of such term, condition or warranty will be limited, at our option, to any one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent or similar goods;
(ii) the repair of the goods;
(iii) the payment of the cost of repairing the goods or acquiring the relevant goods, or
(iv) payment of the cost of having the goods repaired; or
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Statutory Warranties. 15.1 Xxxxxx does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010), or any implied condition, warranty or guarantee (including any consumer guarantee provided for under the Australian Consumer Law), which cannot be lawfully excluded or where doing so would cause any part of this Agreement to be void (“Non Excludable Condition”).
15.2 This warranty is in addition to any other statutory condition, warranty or guarantee (including but not limited to any consumer guarantee under the Australian Consumer Law) that applies to the Vehicle.
15.3 The terms of this Agreement (with the exception of clauses 16 and 17) do not apply where Xxxxxx carries out work in relation to the Vehicle under any statutory warranty. If there is any inconsistency between any statutory condition, warranty or guarantee and any provision of this Agreement, the statutory condition, warranty or guarantee will prevail.
Statutory Warranties. This Agreement is governed by, and is to be construed in accordance with, the laws of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia You undertake, warrant and represent to us, with the intention that the following undertakings, warranties and representations are repeated each time you provide instructions to us:
(a) legal disability: you are not under any legal disability and are not subject to any law which prevents you from entering this Agreement or any Margin Contract or CFD;
(b) corporate authorization: if you are a company, you are empowered by, and have obtained, all necessary corporate or other authorities under your constitution and at law;
(c) consents: you have obtained all necessary consents and have the authority to enter into this Agreement;
(d) compliance with laws: you are complying with all laws to which you are subject;
(e) able to pay debts: you can pay your debts as and when they fall due and are not otherwise insolvent or presumed to be insolvent under any law;
(f) no liquidator etc.: no liquidator, provisional liquidator, receiver, receiver and manager, trustee, controller, official manager, administrator or similar officer has been appointed in relation to your affairs and no application has been made for the appointment of any of these persons; and
(g) information accurate: always the information provided by you to us will be complete, accurate and not misleading in any material respect.
Statutory Warranties. If legislation implies in this document any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this document. However the liability of Novogen Laboratories for any breach of such condition or warranty shall be limited at the option of Novogen Laboratories to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Statutory Warranties. 6.1 The Buyer acknowledges that prior to executing this Contract, the Buyer received from the Seller and/or the Seller’s agent the following documents:
(a) a Disclosure Statement complying with the provisions of the Land Sales Xxx 0000;
(b) a Disclosure Plan which included all particulars required by the Land Sales Xxx 0000;
(c) all statements, warnings and forms required by the Property Occupations Xxx 0000 and
(d) any sales literature required by the Development Approval.
6.2 The Buyer confirms prior to executing the Contract, they reviewed the content of this Contract, the Disclosure Statement and the Disclosure Plan and received or were given the option of seeking whatever legal and other advice about the Disclosure Statement and the Disclosure Plan the Buyer deemed necessary.
Statutory Warranties. Where the Corporations Act, the ASIC Act or the Consumer and Competition Xxx 0000 of the Commonwealth of Australia or any similar state or territory legislation implies in this Agreement any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to have been included in this Agreement. However, our liability for any breach of such term, condition or warranty will be limited, at our option, to any one or more of the following:
a. If the breach relates to goods:
i. The replacement of the goods or the supply of equivalent or similar goods;
ii. The repair of the goods;
iii. The payment of the cost of repairing the goods or acquiring the relevant goods, or payment of the cost of having the goods repaired; or
b. If the breach relates to services:
i. The supplying of the services again; or
ii. The payment of the cost of having the services supplied again.
Statutory Warranties. Where legislation implies into this Contract any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Contract. However, Micromine's liability for any breach of such condition or warranty will be limited (to the extent allowable by law) to, or to the cost of, supplying the services again, at Micromine’s discretion.
Statutory Warranties. 14.1 To the extent required by the Applicable Domestic Building Legislation, we warrant that:
(a) the work under this Contract will be carried out in an appropriate and skilful way, with reasonable care and skill and in a proper and workmanlike manner to accepted trade standards;
(b) all materials supplied will be of good quality and suitable for the purpose for which they are used having regard to the Relevant Criteria, and that all materials used will be new unless this Contract expressly provides otherwise;
(c) the work under this Contract will be carried out in accordance with all relevant laws and legal requirements;
(d) the work under this Contract will be carried out in accordance with any plans and specifications that form part of the Contract;
(e) any estimate of Prime Cost Items and Provisional Sums Items (as defined in the Applicable Domestic Building Legislation) has been calculated with reasonable care and skill, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the building site), and represents the reasonable cost of supplying and delivering each such item, including our margin;
(f) the work will be done with due diligence and within the time stipulated in the Contract, or if no time is stipulated, within a reasonable time; and
(g) the work and any materials used in doing the work will be reasonably fit for the specified purpose or result, if you expressly make known to us or the Installation Subcontractor or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of us or the Installation Subcontractor, the particular purpose for which the work is required or the result that you desire the work to achieve, so as to show that you rely on our or the Installation Subcontractor’s skill and judgment.
14.2 The warranties set out in clause 14.1 are warranties that are implied into this Contract via operation of the Applicable Domestic Building Legislation. Your rights for breach of these warranties are the same as, and not in addition to, your rights for breach of implied warranties under the Applicable Domestic Building Legislation.
14.3 Nothing in this Contract restricts or takes away the rights of a person for breach of these implied warranties.
Statutory Warranties. Nothing in this Agreement excludes, restricts, or modifies any condition, warranty, right or remedy conferred on the Parties by the Competition and Consumer Xxx 0000 (Cth) (including the Australian Consumer Law (“ACL”) or any other applicable law that cannot be excluded, restricted, or modified by agreement. If Trustwave is liable to Client in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, Trustwave's total liability to Client for that failure is limited to, at the option of Trustwave:
7.1.1 in the case of services, the resupply of the services or the payment of the cost of resupply; and
7.1.2 in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Statutory Warranties. 8.1. The Client acting as a customer will have two years' warranty that the Marine Gateway is conforming to the agreement. If a lack of conformity shows itself within the first six months, it will presumed that the lack of conformity was present at the origin.
8.2. In order to claim the warranty the Client shall hand over the Marine Gateway to Holonix or to an approved repair center, if any, as advised by Holonix on its website. If the Marine Gateway is found lacking conformity, it will be either replaced or repaired at no cost for the Client. The cost for delivering and collecting the package for servicing are on the Client.
