Common use of IMPLIED TERMS Clause in Contracts

IMPLIED TERMS. 16.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded. 16.2 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, the liability of CSL for any breach of such condition or warranty shall be limited, at the option of the CSL, to one or more of the following: (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.

Appears in 2 contracts

Sources: Licensing Agreement, Licensing Agreement

IMPLIED TERMS. 16.1 (a) Subject to subclause 2paragraph 21(b), any condition or warranty which would otherwise be implied in this agreement contract is hereby excluded. 16.2 (b) Where legislation implies in this agreement contract 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 agreementcontract. However, However the liability of CSL Q water for any breach of such condition or warranty shall be limited, at the option of the CSLQ water, to one or more of the following: (ai) If the breach relates to the goods:; (iA) the The replacement of the goods or the supply of equivalent goods;. (iiB) the The repair of such the goods;. (iiiC) the The payment of the cost of replacing the goods or of acquiring equivalent goods; or (ivD) the The payment of the cost of having the goods repaired; and. (bii) if If the breach relates to services:; (iA) the The supplying of the services again; or (iiB) the The payment of the cost of having the services supplied again.

Appears in 1 contract

Sources: Standard Trading Terms & Conditions of Sale

IMPLIED TERMS. 16.1 10.1. Subject to subclause 2clause 10.2, any condition or warranty which would otherwise be implied in this agreement Agreement is hereby excluded. 16.2 10.2. Where legislation implies in this agreement 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 will be deemed to be included in this agreementAgreement. However, the liability of CSL the Licensor for any breach of such condition or warranty shall will be limited, at the option of the CSLLicensor, to one or more of the following: (a) If if the breach relates to goods:goods (including software): (i) 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) i. the supplying of the services again; or (ii) . the payment of the cost of having the services supplied again.

Appears in 1 contract

Sources: End User License Agreement

IMPLIED TERMS. 16.1 Subject to subclause 227.1 Any condition, any condition term or warranty which would otherwise be implied in this agreement the Agreement is hereby excludedexcluded to the full extent permitted by law. 16.2 27.2 Where legislation implies in this agreement the 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 is deemed to be included in this agreementthe Agreement. However, the liability of CSL the Contractor for any breach of such condition or warranty shall be is limited, at the option absolute discretion of the CSLContractor, to one or more of the following: (a) If if the breach relates to goodsthe Goods: (i) the replacement of the goods Goods or the supply of equivalent goodsGoods; (ii) the repair of such goodsGoods; (iii) the payment of the cost of replacing the goods Goods or of acquiring equivalent goodsGoods; or (iv) the payment of the cost of having the goods Goods repaired; and (b) if the breach relates to servicesthe Services: (i) the supplying of the services Services again; or (ii) the payment of the cost of having the services Services supplied again. (c) The Contractor’s liability is at all times limited to the Price.

Appears in 1 contract

Sources: Confidentiality Agreement

IMPLIED TERMS. 16.1 10.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in this agreement Agreement is hereby excluded. 16.2 10.2 Where legislation implies in this agreement 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 agreementAgreement. However, the liability of CSL Maxon for any breach of such condition or warranty shall be limited, at the option of the CSLMaxon, to one or more of the following: (a) If 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.

Appears in 1 contract

Sources: Maxwan Ip Service Agreement

IMPLIED TERMS. 16.1 19.1 Subject to subclause 219.2, any condition or warranty which would otherwise be implied in this agreement Agreement is hereby expressly excluded. 16.2 19.2 Where legislation implies in this agreement 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 is deemed to be included in this agreementAgreement. However, the liability of CSL Pentana Solutions for any breach of such condition or warranty shall be is limited, at the option of the CSLPentana Solutions, to one or more of the following: (a) If 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.

Appears in 1 contract

Sources: Master Agreement

IMPLIED TERMS. 16.1 Subject to subclause 220.1 Any condition, any condition term or warranty which would otherwise be implied in this agreement the Agreement is hereby excludedexcluded to the full extent permitted by law. 16.2 20.2 Where legislation implies in this agreement the 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 is deemed to be included in this agreementthe Agreement. However, the liability of CSL the Contractor for any breach of such condition or warranty shall be is limited, at the option absolute discretion of the CSLContractor, to one or more of the following: (a) If if the breach relates to goodsthe Goods: (i) the replacement of the goods Goods or the supply of equivalent goodsGoods; (ii) the repair of such goodsGoods; (iii) the payment of the cost of replacing the goods Goods or of acquiring equivalent goodsGoods; or (iv) the payment of the cost of having the goods Goods repaired; and (b) if the breach relates to servicesthe Services: (i) the supplying of the services Services again; or (ii) the payment of the cost of having the services Services supplied again.

Appears in 1 contract

Sources: Confidentiality Agreement

IMPLIED TERMS. 16.1 23.1 Subject to subclause 2clause 23.2, any condition or warranty which would otherwise be implied in this agreement ▇▇▇▇ is hereby excluded. 16.2 23.2 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 will be deemed to be included in this agreement▇▇▇▇. However, the liability of CSL VeriDoc for any breach of such condition or warranty shall will be limited, at the option of the CSLVeriDoc, to one or more of the following: (a) If 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.

Appears in 1 contract

Sources: End User License Agreement

IMPLIED TERMS. 16.1 11.1 Subject to subclause 2clause 11.2, any condition or warranty which would otherwise be implied in this agreement Agreement is hereby excluded. 16.2 11.2 Where legislation implies in this agreement 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 will be deemed to be included in this agreementAgreement. However, the liability of CSL the Licensor for any breach of such condition or warranty shall will be limited, at the option of the CSLLicensor, to one or more of the following: (a) If 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.

Appears in 1 contract

Sources: Licensing Agreement