08. Implied Terms

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.

Terms Of Use - 08. Implied Terms