Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 8.1 Unless Komatsu states otherwise, the Goods or Services are warranted in accordance with the applicable warranty relevant at the date of supply listed at: xxxxx://xxx.xxxxxxx.xxx.xx/xxxxx/xxxxx-xxxxxxxxxx 8.2 All other conditions and warranties of any type in relation to the Goods or Services are excluded to the maximum extent allowed by the law. Nothing in these Conditions limit those provisions of the Competition and Consumer Xxx 0000 (Cth) nor any other 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 is 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 Services: (i) the supply of the Services again; or (ii) the payment of the cost of having the Services supplied again. 8.3 The Purchaser, in connection with the Goods or Services, indemnifies and keeps indemnified Komatsu, its Related Bodies Corporate, its officers, agents, employees, subcontractors, vendors and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses arising directly or indirectly out of: (a) injury to or death of any person (including Indemnitees) to the extent not caused by Komatsu; (b) damage to or destruction of any property (including that of Indemnitees), to the extent not caused by Komatsu (c) any modification, alteration or use of the Goods that is not in accordance with (without limitation) any applicable law or the Goods manufacturer’s recommendations or Komatsu's instructions or the manuals relating to the Goods. 8.4 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu (including its Related Bodies Corporate) is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees. 8.5 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu's total cumulative liability to the Purchaser for all liabilities, damages, losses, costs and expenses suffered or incurred under or connection with this Agreement by the Purchaser, for all Claims in the aggregate, is limited to the amount paid by the Purchaser to Komatsu for the Goods and Services the subject of the Claim.

WARRANTIES AND EXCLUSIONS. 8.1 Unless Komatsu states otherwise, the Goods or Services are warranted in accordance with the applicable warranty relevant at the date of supply listed at: xxxxx://xxx.xxxxxxx.xxx.xx/xxxxx/xxxxx-xxxxxxxxxxxxxx://xxx.xxxxxxx.xxx.xx/Xxxx%00Xxxxxxxxx/Xxxxxxx/Xxxxxxx%00- 8.2 All other conditions and warranties of any type in relation to the Goods or Services are excluded to the maximum extent allowed by the law. Nothing in these Conditions limit those provisions of the Competition and Consumer Xxx 0000 (Cth) nor any other 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 is 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 Services: (i) the supply of the Services again; or (ii) the payment of the cost of having the Services supplied again. 8.3 The Purchaser, in connection with the Goods or Services, indemnifies and keeps indemnified Komatsu, its Related Bodies Corporate, its officers, agents, employees, subcontractors, vendors and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses arising directly or indirectly out of: (a) injury to or death of any person (including Indemnitees) to the extent not caused by Komatsu; (b) damage to or destruction of any property (including that of Indemnitees), to the extent not caused by Komatsu (c) any modification, alteration or use of the Goods that is not in accordance with (without limitation) any applicable law or the Goods manufacturer’s recommendations or Komatsu's instructions or the manuals relating to the Goods. 8.4 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu (including its Related Bodies Corporate) is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees. 8.5 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu's total cumulative liability to the Purchaser for all liabilities, damages, losses, costs and expenses suffered or incurred under or connection with this Agreement by the Purchaser, for all Claims in the aggregate, is limited to the amount paid by the Purchaser to Komatsu for the Goods and Services the subject of the Claim.

WARRANTIES AND EXCLUSIONS. 8.1 Unless Komatsu states otherwise, the Goods or Services are warranted in accordance with the applicable warranty relevant listed at the date of supply listed at: xxxxx://xxx.xxxxxxx.xxx.xx/xxxxx/xxxxx-xxxxxxxxxxxxxx://xxx.xxxxxxx.xxx.xx/Xxxx%00Xxxxxxxxx/Xxxxxxx/Xxxxxxx%00‐%20New%20Parts%20Warranty.pdf and xxxx://xxx.xxxxxxx.xxx.xx/Xxxx%00Xxxxxxxxx/Xxxxxxx/Xxxxxxx%00‐%20Services%20NZ%20Warranty.pdf 8.2 All other conditions and warranties of any type in relation to the Goods or Services are excluded to the maximum extent allowed by the law. Nothing in these Conditions limit those provisions of the Competition and Consumer Xxxxxxxxxx Xxx 0000 (Cth) nor any other statutes, rules or regulations from time to time in force in Australia New Zealand 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 is 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 Services: (i) the supply of the Services again; or (ii) the payment of the cost of having the Services supplied again. 8.3 The Purchaser, in connection with the Goods or Services, Purchaser indemnifies and keeps Komatsu indemnified Komatsufrom and against any loss, its Related Bodies Corporate, its officers, agents, employees, subcontractors, vendors and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses damage or liability arising directly or indirectly out of: (a) injury to from a use, modification or death of any person (including Indemnitees) to the extent not caused by Komatsu; (b) damage to or destruction of any property (including that of Indemnitees), to the extent not caused by Komatsu (c) any modification, alteration or use of the Goods that is not in accordance with (without limitation) any applicable law or the Goods manufacturer’s recommendations or Komatsu's instructions or the manuals relating to the Goods. 8.4 Notwithstanding anything The Purchaser, in connection with the Goods or Services, indemnifies and keeps indemnified Komatsu, its officers, agents, employees and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses arising out of: (a) injury to or death of any person (including Indemnitees); and (b) damage to or destruction of any property (including that of Indemnitees), to the contrary in these Conditions extent caused by the Purchaser, its officers, agents, contractors or elsewhere and to the full extent permitted by law, employees. 8.5 Komatsu (including its Related Bodies Corporate) is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees. 8.5 8.6 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu's total cumulative liability to the Purchaser for all liabilities, damages, losses, costs and expenses suffered or incurred under or connection with this Agreement by the Purchaser, for all Claims in the aggregate, is limited to the amount paid by the Purchaser to Komatsu for the Goods and Services the subject of the ClaimServices.

WARRANTIES AND EXCLUSIONS. 8.1 Unless Komatsu states otherwise, the Goods or Services are warranted in accordance with the applicable warranty relevant at the date of supply listed at: xxxxx://xxx.xxxxxxx.xxx.xx/xxxxx/xxxxx-xxxxxxxxxx 8.2 All other conditions and warranties of any type in relation to the Goods or Services are excluded to the maximum extent allowed by the law. Nothing in these Conditions limit those provisions of the Competition and Consumer Xxx 0000 Act 2010 (Cth) nor any other 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 is 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 Services: (i) the supply of the Services again; or (ii) the payment of the cost of having the Services supplied again. 8.3 The Purchaser, in connection with the Goods or Services, indemnifies and keeps indemnified Komatsu, its Related Bodies Corporate, its officers, agents, employees, subcontractors, vendors and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses arising directly or indirectly out of: (a) injury to or death of any person (including Indemnitees) to the extent not caused by Komatsu; (b) damage to or destruction of any property (including that of Indemnitees), to the extent not caused by Komatsu (c) any modification, alteration or use of the Goods that is not in accordance with (without limitation) any applicable law or the Goods manufacturer’s recommendations or Komatsu's instructions or the manuals relating to the Goods. 8.4 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu (including its Related Bodies Corporate) is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees. 8.5 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu's total cumulative liability to the Purchaser for all liabilities, damages, losses, costs and expenses suffered or incurred under or connection with this Agreement by the Purchaser, for all Claims in the aggregate, is limited to the amount paid by the Purchaser to Komatsu for the Goods and Services the subject of the Claim.