Sep 22, 2018 13:49
5 yrs ago
12 viewers *
English term

not contained in this Agreement, are excluded from this Agreement

English Law/Patents Law: Contract(s)
"To the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to SUPPLIER and CLIENT and this Agreement, 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
Change log

Sep 29, 2018 11:33: Yvonne Gallagher changed "Level" from "Non-PRO" to "PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (3): philgoddard, Björn Vrooman, Yvonne Gallagher

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Responses

+1
1 hr
Selected

anything not forming part of Agreement is rejected/ruled out

Phil has alreay given a rephrased version so here is another way of rephrasing it as I assume you need to translate it?
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.

Peer comment(s):

agree Nail Ersoy
2 days 5 hrs
Thank you!
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4 KudoZ points awarded for this answer.
+1
8 mins

"This Agreement" is continuation of list in clause

"This Agreement" following "...relating to SUPPLIER and CLIENT" is the third in the list.
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.
Peer comment(s):

agree writeaway
8 hrs
Thank you.
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+2
6 mins

If they're not in this agreement, they're invalid

I can see why you posted this - it's badly expressed and not immediately clear. But this is the meaning - it's a standard clause.

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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.
Peer comment(s):

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
agree AllegroTrans
8 hrs
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