IMPLIED TERMS Clause Samples
The Implied Terms clause defines provisions that are not expressly stated in the contract but are automatically included by law or custom. In practice, this means that certain obligations—such as a duty to act in good faith, provide goods of satisfactory quality, or perform services with reasonable care—may be enforced even if not written in the agreement. This clause clarifies which implied terms are recognized or excluded, helping to manage expectations and reduce uncertainty about the parties’ rights and responsibilities.
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IMPLIED TERMS. Without prejudice to Clause 14.7, this Agreement embodies the entire understanding of the Parties and there are no provisions, terms, conditions or obligations, oral or written, expressed or implied, other than those contained herein.
IMPLIED TERMS. Unless expressly set out in this Agreement all warranties, representations and conditions which are implied by statute or otherwise are expressly excluded to the extent permitted by Applicable Law.
IMPLIED TERMS. Subject to any applicable Consumer Guarantee, and to the fullest extent permitted by law, all terms, conditions, and/or warranties that may otherwise be implied into this Agreement, statutory and otherwise, are excluded.
IMPLIED TERMS. Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies, and cannot be excluded, Verizon limits its liability, to the extent permitted by law, for breach of, or other act contrary to, that implied condition, warranty or right or statutory consumer guarantee to any of the following options at its sole election: (a) in the case of goods, the repair, replacement or resupply of the goods or equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
IMPLIED TERMS. Any implied term under law that can be excluded is hereby expressly excluded and no term is to be implied as being a term of this Agreement unless by law it cannot be excluded.
IMPLIED TERMS. 16.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded.
16.2 Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this agreement. However, the liability of CSL for any breach of such condition or warranty shall be limited, at the option of the CSL, to one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
IMPLIED TERMS. The guarantee contained in Clause 35 (Builder’s Guarantee) replaces and excludes any other liability, guarantee, warranty and/or condition and/or innominate term imposed or implied by the law, customary, statutory or otherwise, by reason of the construction and sale of the Vessel by the Builder for and to the Buyer.
IMPLIED TERMS. 11.1. Exclusion of implied terms
IMPLIED TERMS. 20.1 Subject to subclause 20.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
20.2 Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is deemed to be included in this Agreement. However, the liability of Pentana Solutions for any breach of such condition or warranty is limited, at the option of Pentana Solutions, to one or more of the following:
(a) if the breach relates to goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of such goods;
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(4) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(1) the supplying of the services again; or
(2) the payment of the cost of having the services supplied again.
IMPLIED TERMS. 26.5 CPE Indemnity. 27. Acknowledgment.