Common use of Exclusion of Implied Warranties Clause in Contracts

Exclusion of Implied Warranties. (a) All other conditions and warranties of any type in relation to the System are excluded to the maximum extent allowed by the law. (b) Nothing in this Agreement limits those provisions of the Competition and Consumer Act 2010 (Cth) nor any other statutes, rules or regulations from time to time in force in the Territory (as applicable) 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: (i) in the case of goods: a. the replacement of goods or the supply of equivalent goods; 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; and (ii) in the case of services: a. the supply of the services again; or b. the payment of the cost of having the services supplied again.

Exclusion of Implied Warranties. (a) All other conditions and warranties of any type in relation to the System are excluded to the maximum extent allowed by the law. (b) Nothing in this Agreement limits those provisions of the Competition and Consumer Act 2010 (Cth) nor any other statutes, rules or regulations from time to time in force in the Territory (as applicable) 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: (i) in the case of goods: a. the replacement of goods or the supply of equivalent goods; 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; and (ii) in the case of services: a. the supply of the services again; or or b. the payment of the cost of having the services supplied again.

Exclusion of Implied Warranties. (a) All other conditions and warranties of any type in relation to the System are excluded to the maximum extent allowed by the law. (b) Nothing in this Agreement limits those provisions of the Competition and Consumer Act 2010 (Cth) nor any other statutes, rules or regulations from time to time in force in the Territory (as applicable) 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: (i) in the case of goods: a. the replacement of goods or the supply of equivalent goods;. 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; and (ii) in the case of services: a. the supply of the services again; or b. the payment of the cost of having the services supplied again.