Common use of in Australia Clause in Contracts

in Australia. Where IBM is in breach of a guarantee implied by the Competition and Consumer A▇▇ ▇▇▇▇, IBM's liability is limited to (a) for services, the supplying of services again or the payment of the cost of having the services supplied again; and (b) for goods, the repair or replacement of goods or the supply of equivalent goods, or the payment of the cost of replacing the goods or having the good repaired. Where a guarantee relates to the right to sell, quiet possession, or clear title of a good under schedule 2 of the Competition and Consumer Act, then none of these limitations apply.

Appears in 3 contracts

Sources: Ibm International Client Relationship Agreement (Kyndryl Holdings, Inc.), Ibm International Client Relationship Agreement (Kyndryl Holdings, Inc.), Ibm International Client Relationship Agreement (Kyndryl Holdings, LLC)