Goods Act Sample Clauses

Goods Act. 1958 (Vic) (pg.135) - sellers required to guarantee that they have right to sell goods at time property is to pass to buyer
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Goods Act can be a condition even though called a warranty o Depends on construction of K • “Time is of the essence” o For goods: must be expressly stipulated (s14 Goods Act) o For property: if there's nothing in the K saying it, have to construct the K and look at the parties intention, consider what kind of K it is (s41 PLA)
Sample 1
Goods Act. 1958 (Vic): will allow a term as to a reasonable price to be implied to an agreement where the contract is silent as to price. But this provision can only be relied upon where the parties have reached agreement on all other essential contractual terms. AND IT ONLY APPLIES TO GOODS Analogise to cases: ▪ Milne v AG- the circulars did not contain enough terms to constitute a contract or intention or even an offer and so the new legislation applied ▪ ANZ v Frost- the calendars had not been discussed in detail: nothing specifying the size, content, quality, layout, price or number of calendars. Thus they could not imply the price with s13 of the goods act, because all other essential terms must be agreed upon before you can do this. ▪ Xxxxx v CC- they deferred agreement/ made an agreement to agree on the price of petrol. Courts said you could imply a term that the petrol was to be exchanged for a reasonable price and be of a reasonable quality- courts endeavoured to save the contract because it had been partly performed. Gap Filling ▪ Chilling and freezing- you can imply a term where the contract is silent on it and the content of the term you imply must be in line with the rest of the contract. ▪ Courts will not never imply a term but are reluctant to do so ▪ The courts can only fill in the gaps on terms where the parties don’t have to decide on it themselves- ie. can only fill in non-essential terms Consequence or effect of incompleteness depends on 3 issues:
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Related to Goods Act

  • Export Regulation You acknowledge that the Licensed Software and related technical data and services (collectively "Controlled Technology") are subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not to export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Symantec products, including the Controlled Technology are prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.

  • FAIR LABOR STANDARDS ACT 314. To the extent that the Agreement fails to afford employees the overtime or compensatory time off benefits to which they are entitled under the Fair Labor Standards Act, the Agreement is amended to authorize and direct all City Departments to ensure that their employees receive, at a minimum, such Fair Labor Standards Act Benefits.

  • Iran Contracting Act If the Contract Amount is $1,000,000 or more and Contractor did not provide to JBE an Iran Contracting Act certification as part of the solicitation process, this section is applicable. Contractor certifies either (i) it is not on the current list of persons engaged in investment activities in Iran (“Iran List”) created by the California Department of General Services pursuant to PCC 2203(b), and is not a financial institution extending $20,000,000 or more in credit to another person, for forty-five (45) days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the Iran List, or (ii) it has received written permission from the JBE to enter into this Agreement pursuant to PCC 2203(c).

  • Export Regulations Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use.

  • Bulk Sales Act No transaction contemplated by this Agreement requires compliance by it with any bulk sales act or similar law.

  • Foreign Corrupt Practices Act None of the Company, any of its subsidiaries or, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA and the Company and, to the knowledge of the Company, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

  • Personal Property Securities Act 2009 (“PPSA”)

  • Domestic Regulation 1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

  • Xxxxx Act Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.

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