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Terms Of Use 08 - Implied Terms |
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 8.1 - Subject to subclause 2, any condition
or warranty which would otherwise be implied in this
agreement is
hereby excluded.
8.2
- 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 Amitar for any breach of
such condition or
warranty shall be limited, at the option of Amitar, 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. |
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