Terms Implied by Law Clause Samples

Terms Implied by Law. 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, Our liability for any breach of such condition or warranty shall be limited, at Our option, to one or more of the following: (a) if the breach related 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.
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Terms Implied by Law. We agree to provide Services to you subject only to the terms, conditions and warranties con- tained in this Standard Form of Agreement and those which are implied by law and cannot be excluded. For example, if the Service we supply to you is of a kind ordinarily acquired for personal, domestic or household use then it may be implied by law that: a. the Service must be provided with due care and skill; and b. any goods supplied in connection with the Service will be reasonably fit for the purpose for which they are supplied. In the event that we breach a term, condition or warranty that is implied by law and cannot be excluded then, subject to our right to limit our liability for that breach in Clause 15.3, we will be liable for that breach in accordance with the law applied in the courts having jurisdiction over this Agreement.
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Terms Implied by Law. Nothing in this CRA removes or limits any statutory warranties which are implied into this CRA and which we are not permitted to exclude (for example, if you acquire goods or services from us which are ordinarily acquired for personal, domestic or household use or consumption, the Trade Practices ▇▇▇ ▇▇▇▇ implies into this CRA certain warranties, such as that the goods must be of a merchantable quality and reasonably fit for the purpose for which they are supplied, and that any services must be provided with due care and skill, in addition to other warranties). Otherwise, we agree to provide the Service to you subject only to the terms, conditions and warranties contained in this CRA.
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Terms Implied by Law. We agree to provide Services to you subject only to the terms, conditions and warranties contained in this Standard Form of Agreement and requirements imposed by Law which cannot be limited, excluded or modified. For example, if we supply Equipment or a Service to you which costs less than a prescribed amount (currently $40,000) or which, regardless of cost, is of a kind ordinarily acquired for personal, domestic or household use or consumption then we are required to supply the Equipment or Service to you in accordance with the Consumer Guarantees. (a) If the Equipment or Service we supply to you fails to meet a Consumer Guarantee then, depending on the circumstances and subject to our right to limit our liability under clause 15.4: (i) you may entitled to certain remedies, including a repair, a replacement or a refund; and (ii) you can take action to recover compensation for any reasonably foreseeable loss incurred by you as a result of the failure.
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Related to Terms Implied by Law

  • The By-Laws The by-laws of Merger Sub in effect at the Effective Time shall be the by-laws of the Surviving Corporation (the "By-Laws"), until thereafter amended as provided therein or by applicable law.

  • Disclosures Required by Law (a) Subject to clause 15.3(b), the receiving party may disclose Confidential Information that the receiving party is required to disclose: (i) by law or by order of any court or tribunal of competent jurisdiction; or (ii) by any Government Agency, stock exchange or other regulatory body. (b) If the receiving party is required to make a disclosure under clause 15.3(a), the receiving party must: (i) to the extent possible, notify the disclosing party immediately it anticipates that it may be required to disclose any of the Confidential Information; (ii) consult with and follow any reasonable directions from the disclosing party to minimise disclosure; and (iii) if disclosure cannot be avoided: (A) only disclose Confidential Information to the extent necessary to comply; and (B) use reasonable efforts to ensure that any Confidential Information disclosed is kept confidential.

  • Limitation by Law All rights, remedies and powers provided in this Agreement may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law, and all the provisions of this Agreement are intended to be subject to all applicable mandatory provisions of law that may be controlling and to be limited to the extent necessary so that they shall not render this Agreement invalid, unenforceable, in whole or in part, or not entitled to be recorded, registered or filed under the provisions of any applicable law.

  • Restrictions Imposed by Law Without limiting the generality of Section 16 of the Plan, the Grantee agrees that the Company will not be obligated to deliver any shares of Common Stock if counsel to the Company determines that such delivery would violate any applicable law or any rule or regulation of any governmental authority or any rule or regulation of, or agreement of the Company with, any securities exchange or association upon which the Common Stock is listed or quoted. The Company shall in no event be obligated to take any affirmative action in order to cause the issuance or delivery of shares of Common Stock to comply with any such law, rule, regulation or agreement.

  • Required By Law “Required by law” shall have the same meaning as the term “required by law” in Section 164.501.