Common use of IMPLIED TERMS Clause in Contracts

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.

Appears in 24 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

IMPLIED TERMS. 20.1 19.1 Subject to subclause 20.219.2, any condition or warranty which would otherwise be implied in this Agreement is hereby expressly excluded. 20.2 19.2 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.

Appears in 5 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

IMPLIED TERMS. 20.1 7.1 Subject to subclause 20.22, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded. 20.2 7.2 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 of, liability under such condition or warranty, the condition or warranty is shall be deemed to be included in this Agreement. However, the liability of Pentana Solutions GoldNet for any breach of such condition or warranty is shall be limited, at the option of Pentana SolutionsGoldNet, to one or more of the following: (a) if the breach relates to goods: (1i) the replacement of the goods or the supply of equivalent goods; (2ii) the repair of such goods; (3iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (4iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (1i) the supplying of the services again; or (2ii) the payment of the cost of having the services supplied again. 7.3 Clause 7.2 does not apply if you purchased the goods or services for personal, domestic or household use.

Appears in 1 contract

Sources: Standard Form of Agreement

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 Paygle for any breach of such condition or warranty is limited, at the option of Pentana SolutionsPaygle, 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.

Appears in 1 contract

Sources: Master Agreement

IMPLIED TERMS. 20.1 14.1. Subject to subclause 20.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded. 20.2 14.2. 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 shall be deemed to be included in this Agreement. However, the liability of Pentana Solutions the Supplier for any breach of such condition or warranty is shall be limited, at the option of Pentana Solutionsthe Supplier, to one or more of the following: (a) if the breach relates to goods: (1i) the replacement of the goods or the supply of equivalent goods; (2ii) the repair of such goods; (3iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; goods or (4iv) the payment of the cost of having the goods repaired; and. (b) if the breach relates to services: (1i) the supplying of the services again; again or (2ii) the payment of the cost of having the services supplied again.

Appears in 1 contract

Sources: Software Support and Services Agreement

IMPLIED TERMS. 20.1 10.1 Subject to subclause 20.2clause 10.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded. 20.2 10.2 Where legislation implies in this Agreement any condition or warrantywarranty into this Agreement, 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 will be deemed to be included in this Agreement. However, the our liability of Pentana Solutions for any breach of any such condition or warranty is will be limited, at the option of Pentana Solutionsour option, to one or more of the following: (a) if the breach relates to goods: (1i) the replacement of the goods or the supply of equivalent goods; (2ii) the repair of such goods; (3iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (4iv) the payment of the cost of having the goods repaired; and and (b) if b)if the breach relates to services: (1i) the supplying of the services again; or (2ii) the payment of the cost of having the services supplied again.

Appears in 1 contract

Sources: Website Terms of Use