Common use of Warranties and Conditions Clause in Contracts

Warranties and Conditions. 15.1 The parties agree that the terms of this agreement will apply to all LPG supplied by us to you in the future, and such goods supplied will be described as inventory and are subject to a security interest in our favour. 15.2 To the extent that our provision of the Rockgas equipment to you is a ‘lease for a term of more than one year’, you acknowledge that this is deemed to create a security interest in our favour in the Rockgas equipment under the PPSA. 15.3 Nothing contained in sections 114(1)(a), 120(2), 121, 125, 126, 127, 129, 131, 133 or 134 of the PPSA applies to this agreement. Your rights as ‘debtor’ contained in: i) section 116, being a right to receive a statement of account; ii) section 120(2), being a right to receive notice of a secured party’s proposal to retain collateral; iii) section 121, being a right to object to a secured party’s proposal to retain collateral; 16.1 Except as set out below, nothing in this agreement in any way limits your rights under the Consumer Guarantees Act (CGA). To the maximum extent permitted by the CGA, and notwithstanding any other term of this agreement, it is agreed that the provisions of the CGA will not apply, and we each agree to contract out of the provisions of the CGA, where the following conditions apply: a) the goods and/or services (as applicable) covered by this agreement are, or (in connection only with the guarantee of acceptable quality in section 7A of the CGA, the gas or electricity) is, both supplied and acquired in trade; and b) each of us is in trade. 1. If you are purchasing LPG from us for the purposes of a business, you acknowledge that you have made your own enquiries as to the suitability of the LPG we are supplying to you for all your purposes. iv) section 125, being a right to not have goods damaged when a secured party removes an accession; v) section 126, being a right not be reimbursed for damage caused when a secured party removes an accession; vi) section 127, being a right to refuse permission to remove an accession; vii) section 129, being a right to receive notice of the removal of an accession; and viii) section 131, being a right to apply to the court for an order concerning the removal of an accession, do not apply to the security interests granted to Rockgas under this agreement. 15.4 You waive your right to receive a copy of a verification statement confirming the registration of a financing statement or a financing change statement relating to any security interest created by this agreement under section 148 of the PPSA.