Common use of Statutory Limitations Clause in Contracts

Statutory Limitations. If any condition, guarantee or warranty which is implied into this Participation Agreement under the Competition and Consumer Act 2010 (Cth) or under any applicable legislation (and which cannot, by law, be excluded) has been breached by PEXA, then ▇▇▇▇'▇ liability for breach of that implied condition, guarantee or warranty will be limited, at its option, to: (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.

Statutory Limitations. ‌ If any condition, guarantee or warranty which is implied into this Participation Agreement under the Competition and Consumer Act 2010 (Cth) or under any applicable legislation (and which cannot, by law, be excluded) has been breached by PEXA, then ▇▇▇▇'▇ liability for breach of that implied condition, guarantee or warranty will be limited, at its option, to: (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.