WARRANTIES, REPRESENTATIONS AND ACKNOWLEDGEMENTS. 1.1 I confirm and acknowledge that:- (a) by signing this Agreement, I have read and understood all the terms and conditions of this Agreement and I agree to be bound by them; (b) this Agreement may be executed by electronic signature(s); by electronically signing this Agreement in the method provided by you, I will be deemed to have signed this Agreement as Lessee or Hirer (as the case may be) and I will also be deemed to understand this Agreement and confirm that I agree to enter into this Agreement; (c) you have not made, and do not make, any representation, warranty or undertaking to me as to the age or condition or quality or merchantability of the Goods, their suitability or fitness for the purpose(s) for which the Goods are required by me or their safety and you shall not be liable for any representation, warranty or undertaking made by you in relation to the Goods; (d) I am responsible for obtaining and maintaining at all times all licenses or registration required by law in connection with the Goods or their use; and (e) I alone am responsible for examining the Goods before accepting them and for satisfying myself with them, including: (i) their compliance with their description(s); (ii) their condition, suitability and fitness for my purpose(s); (iii) the validity of any manufacturer’s, dealer’s or supplier’s warranties or guarantees; and I am satisfied as to their fitness for the purpose(s) for which they are required by me. 1.2 It is agreed and declared that:- (a) any liability which you might otherwise incur and any right or immunity which I might otherwise possess in respect of any conditions, warranties or representations relating to condition, age or state of repair of the Goods or their merchantable quality or fitness for the particular or any purpose(s) for which they are or may be required, whether such conditions, warranties or representations are expressed or implied, and whether arising under general law or under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which I or my representative may have been concerned prior to this Agreement, are expressly excluded and no breach of any such condition, warranty or representation shall entitle me to rescind this Agreement nor to absolve from any obligation to continue to pay all amounts (including the monthly rental payments) due hereunder on their due dates; (b) you are not responsible for the delivery of the Goods to me nor for arranging for the delivery of the Goods to me, and you shall not incur any liability to me in connection therewith but shall be entitled to exercise or enforce in full all rights and claims hereunder against me irrespective of whether I have taken delivery of the Goods. It shall be my sole responsibility to arrange with the relevant dealer/supplier for the delivery of the Goods to me and I hereby acknowledge and agree that the dealer/supplier is my agent for the purpose of accepting or taking delivery of the Goods, and that delivery of the Goods to the dealer/supplier shall be regarded as delivery of the Goods to me, irrespective of whether the dealer/supplier or any other person has handed over the Goods to me, nor shall I be entitled to rescind this Agreement if the Goods delivered to me do not correspond to their description as contained in this Agreement; (c) neither the dealer/supplier through whom this Agreement may have been negotiated or by whom the Goods may have been supplied to you for leasing or hiring the same to me nor any person in the employ of the dealer/supplier is or is to be deemed your agent or acting on your behalf for any purpose, and no liability is to be attached to you for any actions, omissions, deeds, conduct, conditions, guarantees, warranties or representations made by the dealer/supplier or person in the employ of the dealer/supplier including any loss or damage arising directly or indirectly out of or in connection with such breach; and (d) all information given by me in connection with this Agreement is true and is full disclosure of all relevant information. 1.3 I represent, acknowledge and agree that: (a) (if the Lessee/Hirer is a company) the Lessee/Hirer is validly existing as a legal entity under the laws of the jurisdiction in which it is incorporated and is duly qualified to do business in each jurisdiction where failure to qualify would have a material effect on its business or operations, and (if the Lessee/Hirer is a company or an individual), the Lessee/Hirer has full power, capacity and legal right to own its property and assets, has full power and authority to enter into and perform its obligations under this Agreement and consummate the transaction contemplated by this Agreement; (b) I am able to pay my debts as they fall due and the aggregate of all my assets exceeds the aggregate of all my liabilities; (c) I have taken all necessary action to ensure that the execution, delivery and performance of this Agreement and any Security and the consummation of the transactions contemplated by this Agreement and any Security have been duly authorised; (d) the execution, delivery and performance of this Agreement and any Security, and the consummation of the transactions contemplated by this Agreement and any Security do not: (i) require the consent or approval of, the giving of notice to, or the registration with, or the taking of any other action in respect of, any governmental, fiscal, exchange control or regulatory body or agency to which I am subject or any other person; or (ii) contravene any law or regulation or order binding on me or (if the Lessee/Hirer is a company) its constituent documents, or contravene the provisions of, or constitute a default under, any other agreement by which I am bound, or result in the creation of any Security interest upon my property; (e) this Agreement and any Security provided by me constitutes legal, valid and binding obligations on my part enforceable in accordance with their terms subject to equitable principles and insolvency law; (f) I have not relied on your advice but only my own skill or judgment and any independent legal advice I have obtained in deciding to enter into this Agreement, any Security and any related documents; (g) unless I have told you otherwise, I do not enter into this Agreement as trustee of any trust or settlement; (h) you may disclose details of any agreement between me and you to any credit reference bureau or agency, bank, credit card company or entity which provides financial services and I agree that any of those entities may use that information in the course of its business; and (i) you may conduct checks of Sanctions Lists from time to time for the purpose of determining whether an event of default under Clause 9.1(o) has occurred. 1.4 I acknowledge and undertake to you that my warranties, representations and acknowledgements as set out in Clauses 1.1 and 1.3 above and Clause 20 below will remain true, accurate and unchanged throughout the term and any Secondary Term (as defined in Clause 13.3(b) (d)ii ) (if applicable) of this Agreement.
Appears in 2 contracts
Samples: Finance Lease/Hire Purchase/Agility/Hire Purchase With Balloon Agreement, Finance Lease/Hire Purchase Agreement
WARRANTIES, REPRESENTATIONS AND ACKNOWLEDGEMENTS. 1.1 I confirm and acknowledge that:-
(a) by signing this Agreement, I have read and understood all the terms and conditions of this Agreement and I agree to be bound by them;
(b) this Agreement may be executed by electronic signature(s); by electronically signing this Agreement in the method provided by you, I will be deemed to have signed this Agreement as Lessee or Hirer (as the case may be) and I will also be deemed to understand this Agreement and confirm that I agree to enter into this Agreement;
(c) you have not made, and do not make, any representation, warranty or undertaking to me as to the age or condition or quality or merchantability of the Goods, their suitability or fitness for the purpose(s) for which the Goods are required by me or their safety and you shall not be liable for any representation, warranty or undertaking made by you in relation to the Goods;
(d) I am responsible for obtaining and maintaining at all times all licenses or registration required by law in connection with the Goods or their use; and
(e) I alone am responsible for examining the Goods before accepting them and for satisfying myself with them, including:
(i) their compliance with their description(s);
(ii) their condition, suitability and fitness for my purpose(s);
(iii) the validity of any manufacturer’s, dealer’s or supplier’s warranties or guarantees; and I am satisfied as to their fitness for the purpose(s) for which they are required by me.
1.2 It is agreed and declared that:-
(a) any liability which you might otherwise incur and any right or immunity which I might otherwise possess in respect of any conditions, warranties or representations relating to condition, age or state of repair of the Goods or their merchantable quality or fitness for the particular or any purpose(s) for which they are or may be required, whether such conditions, warranties or representations are expressed or implied, and whether arising under general law or under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which I or my representative may have been concerned prior to this Agreement, are expressly excluded and no breach of any such condition, warranty or representation shall entitle me to rescind this Agreement nor to absolve from any obligation to continue to pay all amounts (including the monthly rental payments) due hereunder on their due dates;
(b) you are not responsible for the delivery of the Goods to me nor for arranging for the delivery of the Goods to me, and you shall not incur any liability to me in connection therewith but shall be entitled to exercise or enforce in full all rights and claims hereunder against me irrespective of whether I have taken delivery of the Goods. It shall be my sole responsibility to arrange with the relevant dealer/supplier for the delivery of the Goods to me and I hereby acknowledge and agree that the dealer/supplier is my agent for the purpose of accepting or taking delivery of the Goods, and that delivery of the Goods to the dealer/supplier shall be regarded as delivery of the Goods to me, irrespective of whether the dealer/supplier or any other person has handed over the Goods to me, nor shall I be entitled to rescind this Agreement if the Goods delivered to me do not correspond to their description as contained in this Agreement;
(c) neither the dealer/supplier through whom this Agreement may have been negotiated or by whom the Goods may have been supplied to you for leasing or hiring the same to me nor any person in the employ of the dealer/supplier is or is to be deemed your agent or acting on your behalf for any purpose, and no liability is to be attached to you for any actions, omissions, deeds, conduct, conditions, guarantees, warranties or representations made by the dealer/supplier or person in the employ of the dealer/supplier including any loss or damage arising directly or indirectly out of or in connection with such breach; and
(d) all information given by me in connection with this Agreement is true and is full disclosure of all relevant information.
1.3 I represent, acknowledge and agree that:
(a) (if the Lessee/Hirer is a company) the Lessee/Hirer is validly existing as a legal entity under the laws of the jurisdiction in which it is incorporated and is duly qualified to do business in each jurisdiction where failure to qualify would have a material effect on its business or operations, and (if the Lessee/Hirer is a company or an individual), the Lessee/Hirer has full power, capacity and legal right to own its property and assets, has full power and authority to enter into and perform its obligations under this Agreement and consummate the transaction contemplated by this Agreement;
(b) I am able to pay my debts as they fall due and the aggregate of all my assets exceeds the aggregate of all my liabilities;
(c) I have taken all necessary action to ensure that the execution, delivery and performance of this Agreement and any Security and the consummation of the transactions contemplated by this Agreement and any Security have been duly authorised;
(d) the execution, delivery and performance of this Agreement and any Security, and the consummation of the transactions contemplated by this Agreement and any Security do not:
(i) require the consent or approval of, the giving of notice to, or the registration with, or the taking of any other action in respect of, any governmental, fiscal, exchange control or regulatory body or agency to which I am subject or any other person; or
(ii) contravene any law or regulation or order binding on me or (if the Lessee/Hirer is a company) its constituent documents, or contravene the provisions of, or constitute a default under, any other agreement by which I am bound, or result in the creation of any Security interest upon my property;
(e) this Agreement and any Security provided by me constitutes legal, valid and binding obligations on my part enforceable in accordance with their terms subject to equitable principles and insolvency law;
(f) I have not relied on your advice but only my own skill or judgment and any independent legal advice I have obtained in deciding to enter into this Agreement, any Security and any related documents;
(g) unless I have told you otherwise, I do not enter into this Agreement as trustee of any trust or settlement;
(h) you may disclose details of any agreement between me and you to any credit reference bureau or agency, bank, credit card company or entity which provides financial services and I agree that any of those entities may use that information in the course of its business; and
(i) you may conduct checks of Sanctions Lists from time to time for the purpose of determining whether an event of default under Clause 9.1(o) has occurred.
1.4 I acknowledge and undertake to you that my warranties, representations and acknowledgements as set out in Clauses 1.1 and 1.3 above and Clause 20 below will remain true, accurate and unchanged throughout the term and any Secondary Term (as defined in Clause 13.3(b) (d)ii ) (if applicable) of this Agreement.
Appears in 1 contract
Samples: Finance Lease/Hire Purchase/Agility/Hire Purchase With Balloon Agreement
WARRANTIES, REPRESENTATIONS AND ACKNOWLEDGEMENTS. 1.1 I confirm and acknowledge that:-
(a) by signing this Agreement, I have read and understood all the terms and conditions of this Agreement and I agree to be bound by them;
(b) this Agreement may be executed by electronic signature(s); by electronically signing this Agreement in the method provided by you, I will be deemed to have signed this Agreement as Lessee or Hirer (as the case may be) and I will also be deemed to understand this Agreement and confirm that I agree to enter into this Agreement;
(c) you have not made, and do not make, any representation, warranty or undertaking to me as to the age or condition or quality or merchantability of the Goods, their suitability or fitness for the purpose(s) for which the Goods are required by me or their safety and you shall not be liable for any representation, warranty or undertaking made by you in relation to the Goods;
(dc) I am responsible for obtaining and maintaining at all times all licenses or registration required by law in connection with the Goods or their use; and
(ed) I alone am responsible for examining the Goods before accepting them and for satisfying myself with them, including:
(i) their compliance with their description(s);
(ii) their condition, suitability and fitness for my purpose(s);
(iii) the validity of any manufacturer’s, ’s dealer’s or supplier’s warranties or guarantees; and I am satisfied as to their fitness for the purpose(s) for which they are required by me.
1.2 It is agreed and declared that:-
(a) any liability which you might otherwise incur and any right or immunity which I might otherwise possess in respect of any conditions, warranties or representations relating to condition, age or state of repair of the Goods or their merchantable quality or fitness for the particular or any purpose(s) for which they are or may be required, whether such conditions, warranties or representations are expressed or implied, and whether arising under general law or under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which I or my representative may have been concerned prior to this Agreement, are expressly excluded and no breach of any such condition, warranty or representation shall entitle me to rescind this Agreement nor to absolve from any obligation to continue to pay all amounts (including the monthly rental payments) due hereunder on their due dates;
(b) you are not responsible for the delivery of the Goods to me nor for arranging for the delivery of the Goods to me, and you shall not incur any liability to me in connection therewith but shall be entitled to exercise or enforce in full all rights and claims hereunder against me irrespective of whether I have taken delivery of the Goods. It shall be my sole responsibility to arrange with the relevant dealer/supplier for the delivery of the Goods to me and I hereby acknowledge and agree that the dealer/supplier is my agent for the purpose of accepting or taking delivery of the Goods, and that delivery of the Goods to the dealer/supplier shall be regarded as delivery of the Goods to me, irrespective of whether the dealer/supplier or any other person has handed over the Goods to me, nor shall I be entitled to rescind this Agreement if the Goods delivered to me do not correspond to their description as contained in this Agreement;
(c) neither the dealer/supplier through whom this Agreement may have been negotiated or by whom the Goods may have been supplied to you for leasing or hiring the same to me nor any person in the employ of the dealer/supplier is or is to be deemed your agent or acting on your behalf for any purpose, and no liability is to be attached to you for any actions, omissions, deeds, conduct, conditions, guarantees, warranties or representations made by the dealer/supplier or person in the employ of the dealer/supplier including any loss or damage arising directly or indirectly out of or in connection with such breach; and
(d) all information given by me in connection with this Agreement is true and is full disclosure of all relevant information.
1.3 I represent, acknowledge and agree that:
(a) (if the Lessee/Hirer is a company) the Lessee/Hirer is validly existing as a legal entity under the laws of the jurisdiction in which it is incorporated and is duly qualified to do business in each jurisdiction where failure to qualify would have a material effect on its business or operations, and (if the Lessee/Hirer is a company or an individual), the Lessee/Hirer has full power, capacity and legal right to own its property and assets, has full power and authority to enter into and perform its obligations under this Agreement and consummate the transaction contemplated by this Agreement;
(b) I am able to pay my debts as they fall due and the aggregate of all my assets exceeds the aggregate of all my liabilities;
(c) I have taken all necessary action to ensure that the execution, delivery and performance of this Agreement and any Security and the consummation of the transactions contemplated by this Agreement and any Security have been duly authorised;
(d) the execution, delivery and performance of this Agreement and any Security, and the consummation of the transactions contemplated by this Agreement and any Security do not:
(i) require the consent or approval of, the giving of notice to, or the registration with, or the taking of any other action in respect of, any governmental, fiscal, exchange control or regulatory body or agency to which I am subject or any other person; or
(ii) contravene any law or regulation or order binding on me or (if the Lessee/Hirer is a company) its constituent documents, or contravene the provisions of, or constitute a default under, any other agreement by which I am bound, or result in the creation of any Security interest upon my property;
(e) this Agreement and any Security provided by me constitutes legal, valid and binding obligations on my part enforceable in accordance with their terms subject to equitable principles and insolvency law;
(f) I have not relied on your advice but only my own skill or judgment and any independent legal advice I have obtained in deciding to enter into this Agreement, any Security and any related documents;
(g) unless I have told you otherwise, I do not enter into this Agreement as trustee of any trust or settlement;
(h) you may disclose details of any agreement between me and you to any credit reference bureau or agency, bank, credit card company or entity which provides financial services and I agree that any of those entities may use that information in the course of its business; and
(i) you may conduct checks of Sanctions Lists from time to time for the purpose of determining whether an event of default under Clause 9.1(o) has occurred.
1.4 I acknowledge and undertake to you that my warranties, representations and acknowledgements as set out in Clauses 1.1 and 1.3 above and Clause 20 below will remain true, accurate and unchanged throughout the term and any Secondary Term (as defined in Clause 13.3(b) (d)ii ) (if applicable) of this Agreement.
Appears in 1 contract
Samples: Finance Lease/Hire Purchase/Agility/Hire Purchase With Balloon Agreement
WARRANTIES, REPRESENTATIONS AND ACKNOWLEDGEMENTS. 1.1 I confirm 6.1 (Contractor Warranties) The Contractor warrants and acknowledge that:-
(a) by signing this Agreement, I have read and understood all the terms and conditions of this Agreement and I agree to be bound by them;
(b) this Agreement may be executed by electronic signature(s); by electronically signing this Agreement in the method provided by you, I will be deemed to have signed this Agreement as Lessee or Hirer (as the case may be) and I will also be deemed to understand this Agreement and confirm that I agree to enter into this Agreement;
(c) you have not made, and do not make, any representation, warranty or undertaking to me as to the age or condition or quality or merchantability of the Goods, their suitability or fitness for the purpose(s) for which the Goods are required by me or their safety and you shall not be liable for any representation, warranty or undertaking made by you in relation to the Goods;
(d) I am responsible for obtaining and maintaining at all times all licenses or registration required by law in connection with the Goods or their use; and
(e) I alone am responsible for examining the Goods before accepting them and for satisfying myself with them, including:
(i) their compliance with their description(s);
(ii) their condition, suitability and fitness for my purpose(s);
(iii) the validity of any manufacturer’s, dealer’s or supplier’s warranties or guarantees; and I am satisfied as to their fitness for the purpose(s) for which they are required by me.
1.2 It is agreed and declared that:-
(a) any liability which you might otherwise incur and any right or immunity which I might otherwise possess in respect of any conditions, warranties or representations relating to condition, age or state of repair of the Goods or their merchantable quality or fitness for the particular or any purpose(s) for which they are or may be required, whether such conditions, warranties or representations are expressed or implied, and whether arising under general law or under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of any person in the course of negotiations in which I or my representative may have been concerned prior to this Agreement, are expressly excluded and no breach of any such condition, warranty or representation shall entitle me to rescind this Agreement nor to absolve from any obligation to continue to pay all amounts (including the monthly rental payments) due hereunder on their due dates;
(b) you are not responsible for the delivery of the Goods to me nor for arranging for the delivery of the Goods to me, and you shall not incur any liability to me in connection therewith but shall be entitled to exercise or enforce in full all rights and claims hereunder against me irrespective of whether I have taken delivery of the Goods. It shall be my sole responsibility to arrange with the relevant dealer/supplier for the delivery of the Goods to me and I hereby acknowledge and agree that the dealer/supplier is my agent for the purpose of accepting or taking delivery of the Goods, and that delivery of the Goods to the dealer/supplier shall be regarded as delivery of the Goods to me, irrespective of whether the dealer/supplier or any other person has handed over the Goods to me, nor shall I be entitled to rescind this Agreement if the Goods delivered to me do not correspond to their description as contained in this Agreement;
(c) neither the dealer/supplier through whom this Agreement may have been negotiated or by whom the Goods may have been supplied to you for leasing or hiring the same to me nor any person in the employ of the dealer/supplier is or is to be deemed your agent or acting on your behalf for any purpose, and no liability is to be attached to you for any actions, omissions, deeds, conduct, conditions, guarantees, warranties or representations made by the dealer/supplier or person in the employ of the dealer/supplier including any loss or damage arising directly or indirectly out of or in connection with such breach; and
(d) all information given by me in connection with this Agreement is true and is full disclosure of all relevant information.
1.3 I represent, acknowledge and agree represents that:
(a) (if Improper Conduct) neither the Lessee/Hirer is a company) Contractor nor any of its Personnel engaged in any Improper Conduct in connection with the Lessee/Hirer is validly existing as a legal entity under the laws of the jurisdiction in which Procurement Process. The Contractor acknowledges that it is incorporated and is duly qualified to do business in each jurisdiction where failure to qualify would have a material effect on its business or operationsmust not, and (if must ensure that its Personnel do not, engage in any Improper Conduct in connection with the Lessee/Hirer is a company or an individual), the Lessee/Hirer has full power, capacity and legal right to own its property and assets, has full power and authority to enter into and perform its obligations under this Agreement and consummate the transaction contemplated by this AgreementContract;
(b) I am able (ability) the Contractor and, to pay my debts as they fall due the extent applicable to them, its Personnel:
(i) have the experience, skills, expertise, resources and judgement;
(ii) hold all necessary competencies, licences, accreditations, qualifications, permits, clearances or other authorisations, which are required for the aggregate of Contractor to comply with its obligations under this Contract and will maintain such competencies, licences, accreditation, qualifications, permits, clearances or other authorisations at all my assets exceeds times until its obligations under the aggregate of all my liabilitiesContract are complete;
(c) I have taken (investigations) the Contractor has carefully reviewed the Contract (including the all necessary action to ensure information contained or referenced in Schedule 1) and is satisfied that the execution, delivery information is appropriate and performance of this Agreement and any Security and adequate to enable the consummation of Contractor to comply with its obligations under the transactions contemplated by this Agreement and any Security have been duly authorisedContract;
(d) (legal capacity) the executionContractor has the full power, delivery authority and performance of capacity to enter into this Agreement Contract and any Securitythat the Contractor's obligations under this Contract are valid and binding on it, and enforceable against it;
(e) (standard) the consummation of Contractor will, and to the transactions contemplated by this Agreement extent applicable to them, will ensure that its Personnel provide the Goods and any Security do notcarry out its other obligations in connection with the Contract:
(i) require to the consent standard of skill, care and diligence expected of a skilled and competent contractor engaged in the business of providing goods similar to the Goods or approval of, to such higher standard as the giving of notice to, or Contractor has represented in writing to the registration with, or Principal in relation to the taking of any other action in respect of, any governmental, fiscal, exchange control or regulatory body or agency to which I am subject or any other personContract; orand
(ii) contravene any law or regulation or order binding on me or (if the Lessee/Hirer is a company) its constituent documents, or contravene the provisions of, or constitute a default under, any other agreement by which I am bound, or result in the creation of any Security interest upon my property;
(e) this Agreement and any Security provided by me constitutes legal, valid and binding obligations on my part enforceable in accordance with their terms subject to equitable principles and insolvency lawGoods Industry Practice;
(f) I have not relied on your advice but only my own skill (Deliverables) all Deliverables will:
(i) comply with the requirements of the Contract and applicable law;
(ii) be consistent with or judgment exceed applicable industry standards;
(iii) be of a standard and any independent legal advice I have obtained quality expected of a skilled and competent contractor experienced in deciding the preparation of documents similar to enter into this Agreement, any Security and any related documentsthe Deliverables using Good Industry Practice; and
(iv) be fit for the purpose or purposes stated in or to be reasonably inferred from the Contract;
(g) unless I have told you otherwise(condition of Goods) the Goods shall:
(i) at the time at which they are Delivered:
A. comply with any applicable requirement, I do not enter code, guideline, policy, drawing or specification included or incorporated by reference into this Agreement as trustee the Contract or directed by the Principal prior to the Delivery of the Goods, or if none is included, incorporated or directed, any Australian standards applicable to the Goods and any applicable law; and
B. where goods are manufactured, be new; and
(ii) at the time at which they are Delivered and for the duration of any trust applicable Warranty Period:
A. be free from defects and of merchantable quality;
B. comply in all respects with the Contract including as to quality, quantity, performance, functionality and description;
C. conform to any sample goods approved by the Principal;
D. be fit for the purposes stated in or settlementto be reasonably inferred from the Contract or otherwise made known to the Contractor prior to the date of the Contract;
(h) you may disclose details (intellectual property) except to the extent that Goods or Deliverables are manufactured or prepared strictly in accordance with technical plans or drawings provided to the Contractor by the Principal, the Goods and Deliverables do not, and the Principal’s use of the Goods and Deliverables for a purpose stated in or to be reasonably inferred from the Contract or otherwise made known to the Contractor prior to the date of the Contract will not, infringe any agreement between me and you to any credit reference bureau or agency, bank, credit card company or entity which provides financial services and I agree that any of those entities may use that information in the course of its business; andIntellectual Property Rights;
(i) you may conduct checks (encumbrances) when title passes, the Goods will not be subject to any encumbrance or interest, except for an encumbrance or interest which arises by operation of Sanctions Lists from time to time for the purpose of determining whether an event of default under Clause 9.1(o) has occurred.a law that cannot be excluded by agreement;
1.4 I acknowledge and undertake to you that my warranties, representations and acknowledgements as set out in Clauses 1.1 and 1.3 above and Clause 20 below will remain true, accurate and unchanged throughout the term and any Secondary Term (as defined in Clause 13.3(bj) (d)ii Price) (if applicable) the rates and prices in Schedule 1 include the supply, delivery, insurance stage and packaging of the Goods and compliance with all of the Contractor’s other obligations under this Agreement.Contract;
Appears in 1 contract