Non-excludable Condition definition

Non-excludable Condition means any condition or warranty (such as conditions and warranties implied by the Commonwealth and Consumer Act 2010 (Cth) and equivalent State acts) which cannot by law be excluded.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Non-excludable Condition means the consumer guarantees, warranties, rights, or remedies under the Australian Consumer Law that cannot be limited, excluded, restricted, or modified, and to which Customer may be entitled.

Non-excludable Condition means an implied condition, warranty or guarantee, including under the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void;

Examples of Non-excludable Condition in a sentence

We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
Each party excludes from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition.
Synergy’s total liability to Customer for a breach of any Non-excludable Condition (except whereby law Synergy’s liability cannot be limited) is limited, at Synergy’s option, where the breach relates to goods, the repair or replacement of the goods or paying the cost of having the goods repaired or replaced, or where the breach relates to services, supplying those services again, or paying the cost of having those services supplied again.
To the extent permitted by law, ▇▇▇▇▇▇▇’▇ liability in relation to breach of any such Non-excludable Condition shall be limited as follows (and in which “our” “or “us” means Trimble, and “you” means Customer): (i) in the case of the goods, to repairing or replacing the goods, supplying equivalent goods, or paying the costs of repairing or replacing the goods or acquiring equivalent goods; and (ii) in the case of the services, to re-supplying the services or paying the cost of re-supplying the services.
Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement ('Non-excludable Condition') then this Agreement will be read subject to such Non-excludable Condition.

More Definitions of Non-excludable Condition

Non-excludable Condition means an implied condition, warranty or guarantee the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of this Agreement to be void.

Non-excludable Condition means any conditions, warranties and guarantees

Non-excludable Condition means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

Non-excludable Condition means an implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) as applicable from time to time, the exclusion of which from a contract would contravene any applicable laws or cause any part of the Terms of Use to be void.

Non-excludable Condition means all implied terms, conditions, and warranties, whether implied by custom, general law or statute, the exclusion of which would contravene any statute or cause any part of the Contract to be void.

Non-excludable Condition means any conditions, warranties and guarantees provided or implied by any State, Territory or Commonwealth law, including but not limited to the statutory consumer guarantees described in the CCA and the provisions of any State or Territory legislation which cannot be lawfully excluded.

Non-excludable Condition means any condition or warranty the exclusion of which could be void or otherwise contravene the Commerce Act 1986 or any other applicable law;