Common use of WARRANTIES AND EXCLUSIONS Clause in Contracts

WARRANTIES AND EXCLUSIONS. 10.1 To the extent permitted by law, Komatsu does not warrant and excludes all liability with respect to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site. 10.2 Komatsu excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. 10.3 You should not rely on any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your own opinion and taking any action based on any such information. 10.4 It is Your responsibility to ensure that the Goods are sufficient and suitable for Your purposes and meet Your individual requirements. Komatsu does not warrant that the Goods will meet Your individual requirements. You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that You may have. 10.5 All other conditions and warranties of any type in relation to the Goods are excluded to the maximum extent allowed by the law. Nothing in these Terms of Use limit those provisions of the Competition and Consumer 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) the replacement of Goods or the supply of equivalent Goods; or (b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; (c) the payment of the cost of having the Goods repaired; or (d) the repair of the Goods.

WARRANTIES AND EXCLUSIONS. 10.1 To the extent permitted by law8.1 Unless Komatsu states otherwise, Komatsu does not warrant and excludes all liability with respect to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site. 10.2 Komatsu excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. 10.3 You should not rely on any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your own opinion and taking any action based on any such information. 10.4 It is Your responsibility to ensure that the Goods or Services are sufficient and suitable for Your purposes and meet Your individual requirements. Komatsu does not warrant that warranted in accordance with the Goods will meet Your individual requirements. You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that You may have.applicable warranty listed at 10.5 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 Terms of Use Conditions limit those provisions of the Competition and Consumer Act 2010 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 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 or (bii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; ; or (ciii) the payment of the cost of having the Goods repaired; or or (d) the 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 indemnifies and keeps Komatsu indemnified from and against any loss, damage or liability arising directly or indirectly from a use, modification or alteration 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 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 extent caused by the Purchaser, its officers, agents, contractors or employees. 8.5 Komatsu is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees. 8.6 Komatsu's cumulative liability to the Purchaser under or in connection with this Agreement, including any liability for breach of the contract, negligence or under any indemnity or law, is limited to the amount paid by the Purchaser to Komatsu for the Goods and Services.

WARRANTIES AND EXCLUSIONS. 10.1 To the extent permitted by law, Komatsu does not warrant and it excludes all liability with in respect to of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site. 10.2 Komatsu excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. 10.3 You should not rely on relyon any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your Your own opinion and taking any action based on any such information. 10.4 It is Your responsibility to ensure that the Goods are sufficient and suitable for Your purposes and meet Your individual requirements. Komatsu does not warrant that the Goods will meet Your individual requirements. You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that You may have. 10.5 All other conditions and warranties of any type in relation to the Goods are excluded to the maximum extent allowed by the bythe law. Nothing in these Terms of Use limit those provisions of the Competition and Consumer Guarantees Act 2010 1993 (CthAct) nor any other statutes, rules or regulations from time to time in force in Australia which New Zealandwhich imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited l imited 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) the replacement of Goods or the supply of equivalent Goods; or; (b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; (c) the payment of the cost of having the Goods repaired; or (d) the repair of the Goods.