English term
not contained in this Agreement, are excluded from this Agreement
I did not understand the part of "and this Agreement, not contained in this Agreement, are excluded from this Agreement"
Any explanation please
Many Thanks
Sep 29, 2018 11:33: Yvonne Gallagher changed "Level" from "Non-PRO" to "PRO"
PRO (3): philgoddard, Björn Vrooman, Yvonne Gallagher
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Responses
anything not forming part of Agreement is rejected/ruled out
It's a fairly standard clause and I have seen it written like that though it may not be that clear. I think you may be getting confused with the repetition of 'agreement' so I've broken it up here:
...any
"express or implied warranties, representations, statements, terms and conditions" that are related to the SUPPLIER, CLIENT (parties) and this Agreement,
IF these (things) are not actually stated (in writing) in the/this Agreement,
they are ruled out or rejected (not part of it/this Agreement)
In other words, to be part of the agreement all items (agreed on) must be mentioned in it.
"This Agreement" is continuation of list in clause
Would have been clearer with different punctuation: "...relating to SUPPLIER, CLIENT and this Agreement". These are all part of the warranties etc. which are excluded from the Agreement.
If they're not in this agreement, they're invalid
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Note added at 12 mins (2018-09-22 14:01:31 GMT)
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I've just noticed your question includes an extra bit that's not in the header.
Here's an improved version of the whole thing:
To the extent permitted by law, all express or implied warranties, representations, statements, and conditions relating to the subject of this agreement, and not contained in the agreement, are invalid.
agree |
Björn Vrooman
: I think you should have added that this is called an entire agreement or integration clause. Here's a good ex. [edited]: https://www.reedsmith.com/en/perspectives/2015/12/entire-agr...
5 hrs
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agree |
AllegroTrans
8 hrs
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