Terms Implied by Law Clause Samples
Terms Implied by Law. Where legislation implies in this Agreement 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 Agreement. However, Our liability for any breach of such condition or warranty shall be limited, at Our option, to one or more of the following:
(a) if the breach related to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such 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.
Terms Implied by Law. We agree to provide Services to you subject only to the terms, conditions and warranties con- tained in this Standard Form of Agreement and those which are implied by law and cannot be excluded. For example, if the Service we supply to you is of a kind ordinarily acquired for personal, domestic or household use then it may be implied by law that:
a. the Service must be provided with due care and skill; and
b. any goods supplied in connection with the Service will be reasonably fit for the purpose for which they are supplied. In the event that we breach a term, condition or warranty that is implied by law and cannot be excluded then, subject to our right to limit our liability for that breach in Clause 15.3, we will be liable for that breach in accordance with the law applied in the courts having jurisdiction over this Agreement.
Terms Implied by Law. Nothing in this CRA removes or limits any statutory warranties which are implied into this CRA and which we are not permitted to exclude (for example, if you acquire goods or services from us which are ordinarily acquired for personal, domestic or household use or consumption, the Trade Practices ▇▇▇ ▇▇▇▇ implies into this CRA certain warranties, such as that the goods must be of a merchantable quality and reasonably fit for the purpose for which they are supplied, and that any services must be provided with due care and skill, in addition to other warranties). Otherwise, we agree to provide the Service to you subject only to the terms, conditions and warranties contained in this CRA.
Terms Implied by Law. We agree to provide Services to you subject only to the terms, conditions and warranties contained in this Standard Form of Agreement and requirements imposed by Law which cannot be limited, excluded or modified. For example, if we supply Equipment or a Service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost, is of a kind ordinarily acquired for personal, domestic or household use or consumption then we are required to supply the Equipment or Service to you in accordance with the Consumer Guarantees.
(a) If the Equipment or Service we supply to you fails to meet a Consumer Guarantee then, depending on the circumstances and subject to our right to limit our liability under clause 15.4:
(i) you may entitled to certain remedies, including a repair, a replacement or a refund; and
(ii) you can take action to recover compensation for any reasonably foreseeable loss incurred by you as a result of the failure.