Common use of Western Power’s representations and warranties Clause in Contracts

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. (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 Xxx 0000 (Cth) or the Fair Trading Act 2010 Xxx 0000 (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. (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 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); and (iv) Western Power has complied with the Applications and Queuing Policy in the Access Arrangement (to the extent relevant to this Agreement), the Communications Rules and the Metrology Procedure provided that Western Power will not be taken to be in breach of this warranty because of a failure by Western Power to comply with the Applications and Queuing Policy, the Communications Rules or the Metrology Procedure which is the direct result of a breach by the User of the Applications and Queuing Policy, the Communications Rules or the Metrology Procedure. (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.