A clause in standard terms of sale that passes on a manufacturer's warranty (if any) to the buyer operates as a separate, free-standing contractual warranty and does not qualify or limit a separate clause in the same terms that expressly excludes all statutory and implied conditions and warranties. The party relying on the exclusion of statutory warranties under s 61 of the Goods Act 1958 (Vic) need only point to the exclusion clause; the onus of proving the scope of any separate contractual warranty (such as a manufacturer's warranty) falls on the party seeking to enforce it.
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