Common use of Trade Practices Act Clause in Contracts

Trade Practices Act. (a) Subject to clause 12.2(b), if the Trade Practices Act implies a condition or warranty into this Agreement in respect of goods or services supplied, and a Supplier’s liability for breach of that condition or warranty may not be excluded but may be limited, clause 12.1(a) does not apply to that liability and instead the Supplier’s liability for any breach of that condition or warranty is limited to: (1) in the case of a supply of goods, the Supplier doing any one or more of the following (at its election): (A) replacing the goods or supplying equivalent goods; (B) repairing the goods; (C) paying the cost of replacing the goods or of acquiring equivalent goods; (D) paying the cost of having the goods repaired; or (2) in the case of a supply of services, the Supplier doing either or both of the following (at its election): (A) supplying the services again; and (B) paying the cost of having the services supplied again. (b) Nothing in this Agreement is intended to exclude, restrict or modify rights which any Party may have under the Trade Practices Act which may not be excluded, restricted or modified by agreement.