Western Power’s representations and warranties. (a) Western Power* represents and warrants to the User* that:
(i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement*; and
(ii) Western Power*’s obligations under this Contract* are valid and binding and are enforceable against Western Power* under their terms; and
(iii) this Contract* and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* or any of Western Power*’s obligations or undertakings by which Western Power* or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and
(iv) neither Western Power* nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise).
(b) The representations and warranties in clause 18.1(c) are to be taken to be made on each day on which:
(i) this Contract* is in effect; or
(ii) any amount payable by Western Power* to the User* under this Contract* is or may be outstanding.
(c) To the maximum extent permitted by Law*, the only warranties given by and terms which apply to Western Power* under this Contract* are those expressly contained in this Contract*, and all warranties and terms implied by Law*, including those on the part of Western Power* implied by the Competition and Consumer Xxx 0000Xxxxx Practices Xxx 0000 of the Commonwealth or the Fair Trading Act 1987(WA)) or any other Law* to similar effect do not apply to this Contract*. DM 8672179 ELECTRICITY TRANSFER ACCESS CONTRACT (AA#32)
(d) If at Law* the exclusion of any warranty or term is prohibited, then Western Power*’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law*. For example, where any Law* permits Western Power* to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power*’s liability will be so limited.
Western Power’s representations and warranties. (a) Western Power represents and warrants to the User that:
(i) Western Power’s obligations under this Agreement are valid and binding and are enforceable against Western Power under their terms; and
(ii) this Agreement and any other transaction under it does not contravene Western Power’s constituent documents or any Law or any of Western Power’s obligations or undertakings by which Western Power or any of Western Power’s assets are bound or cause to be exceeded any limitation on Western Power’s or Western Power’s directors’ powers; and
(iii) neither Western Power nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise).
(b) The representations and warranties in clause 6.2(a) are to be taken to be made on each day on which:
(i) this Agreement is in effect; or
(ii) any amount payable by Western Power to the User under this Agreement is or may be outstanding.
(c) To the maximum extent permitted by Law, the only warranties given by and terms which apply to Western Power under this Agreement are those expressly contained in this Agreement, and all warranties and terms implied by Law, including those on the part of Western Power implied by the Competition and Consumer Act 2010 (Cth) or the Fair Trading Act 2010 (WA) or any other Law to similar effect do not apply to this Agreement.
(d) If at Law the exclusion of any warranty or term is prohibited, then Western Power’s liability in respect of a breach of such warranty or term is limited to the maximum extent permitted by Law. For example, where any Law permits Western Power to limit its liability in respect of a breach of an implied warranty or condition to the replacement or resupply of equivalent goods and services, then Western Power’s liability will be so limited.
Western Power’s representations and warranties. Western Power represents and warrants to the Service Provider that:
Western Power’s representations and warranties. (a) Western Power* represents and warrants to the User* that:
(i) Western Power* has complied with the Applications and Queuing Policy* in the Access Arrangement* and the requirements in the Code* in respect of the User’s* Application* under the Access Arrangement*; and
(ii) Western Power*’s obligations under this Contract* are valid and binding and are enforceable against Western Power* under their terms; and
(iii) this Contract* and any other transaction under it does not contravene Western Power*’s constituent documents or any Law* or any of Western Power*’s obligations or undertakings by which Western Power* or any of Western Power*’s assets are bound or cause to be exceeded any limitation on Western Power*’s or Western Power*’s directors’ powers; and
(iv) neither Western Power* nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise).
