Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms of Trade by any law is excluded. (b) All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them. (c) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following: (i) any Goods or Services supplied to the Customer; (ii) any delay in supply of the Goods or Services; or (iii) any failure to supply the Goods or Services. (d) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. (e) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms of Trade, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages. (f) The Customer acknowledges that the Goods or Services being purchased may include Goods or Services that are able to be used for personal, domestic or household purposes. (g) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.

Appears in 2 contracts

Samples: Terms of Trade, Terms of Trade

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Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms terms of Trade trade by any law is excluded. (b) All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer LawACL, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them. (c) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, omission or defect, including, without limitation, for and in relation to any of the following: (i) any Goods or Services supplied to the Customer; (ii) any delay in supply of the Goods or Services; or (iii) any failure to supply the Goods or Services. (d) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. (e) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms terms of Tradetrade, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages. (f) The Customer acknowledges that the Goods or Services being purchased may include Goods or Services that are able to be used for personal, domestic or household purposes. (g) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee implied or imposed by the ACL can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again. (g) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

Appears in 1 contract

Samples: Supply Agreement

Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods and Services Products is at the Customer's ’s risk. To the full maximum extent allowed permitted by law, including the Supplier's liability for breach of Australian Consumer Law, the Supplier makes no warranties or representations about the Products and excludes any term terms which may be implied into these Terms of Trade by any law is excludedlaw. (b) All information, specifications and samples provided by the Supplier in relation to the Goods or Services Products are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services Products will not entitle the Customer to reject the Goods Products upon delivery, or to make any claim in respect of them. (c) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following: (i) any Goods or Services supplied to the Customer; (ii) any delay in supply of the Goods or Services; or (iii) any failure to supply the Goods or Services. (d) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, Products is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It , but is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. (ed) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or ServicesProducts, or otherwise arising out of the provision of Goods or the ServicesProducts, whether based on Terms of Tradecontract, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages. (f) The Customer acknowledges that the Goods or Services being purchased may include Goods or Services that are able to be used for personal, domestic or household purposes. (ge) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of GoodsProducts, to the replacement or repair of the Goods Products or the costs of resupply or replacement of the Goods Products or with respect to Services services, to the supply of Services services again or cost of re-supplying the Services services again.

Appears in 1 contract

Samples: Distribution Agreement

Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods products and Services services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms terms of Trade trade by any law is excluded. (b) All information, specifications and samples provided by the Supplier in relation to the Goods products or Services services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods products or Services services will not entitle the Customer to reject the Goods products upon delivery, or to make any claim in respect of them. (c) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods products or Servicesservices. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following: (i) any Goods products or Services services supplied to the Customer; (ii) any delay in supply of the Goods products or Servicesservices; or (iii) any failure to supply the Goods products or Servicesservices. (d) A refund will be provided for non-compliant training resources if the non-compliance cannot be rectified in a timely manner. (e) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods products or Services services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or for accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. (ef) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods products or Servicesservices, or otherwise arising out of the provision of Goods products or the Servicesservices, whether based on Terms terms of Tradetrade, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages. (fg) The Customer acknowledges that the Goods products or Services being purchased may include Goods or Services that services are able to be used not for personal, domestic or household purposes. (gh) The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goodsproducts, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods products or with respect to Services services to the supply of Services services again or cost of re-re- supplying the Services services again.

Appears in 1 contract

Samples: Licence Agreement

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Exclusions and Limitation of Liability. (a) The Customer Client expressly agrees that use of the Goods and Services is at the CustomerClient's risk. To the full extent allowed by law, the Supplier's Slab Culture‘s liability for breach of any term implied into these Terms terms of Trade trade by any law is excluded. (b) All information, specifications and samples provided by the Supplier Slab Culture in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the CustomerClient's use of the Goods or Services will not entitle the Customer Client to reject the Goods upon delivery, or to make any claim in respect of them. (c) The Supplier Slab Culture's gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier are Slab Culture or any of its Suppliers suppliers liable or responsible in any way to the Customer Client or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following: (i) any Goods or Services supplied to the CustomerClient; (ii) any delay in supply of the Goods or Services; or (iii) any failure to supply the Goods or Services. (d) Any advice, recommendation, information, assistance or service given by the Supplier Slab Culture in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier Slab Culture does not accept any liability or responsibility for any Loss suffered as a result of the CustomerClient's reliance on such advice, recommendation, information, assistance or service. (e) To the fullest extent permissible at law, the Supplier Slab Culture is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms terms of Tradetrade, negligence, strict liability or otherwise, even if the Supplier Slab Culture has been advised of the possibility of damages. (f) The Customer acknowledges that the Goods or Services being purchased may include Goods or Services that are able to be used for personal, domestic or household purposes. (g) The Australian Consumer Law may give to the Customer Client certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's Slab Culture ‘s liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.

Appears in 1 contract

Samples: Supply and Install Agreement

Exclusions and Limitation of Liability. (a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these Terms of Trade by any law is excluded. (b) . All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them. (c) . The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its Suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following: (i) : any Goods or Services supplied to the Customer; (ii) ; any delay in supply of the Goods or Services; or (iii) or any failure to supply the Goods or Services. (d) . Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service. (e) . To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms of Trade, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages. (f) . The Customer acknowledges that the Goods or Services being purchased may include Goods or Services that are able to be used for personal, domestic or household purposes. (g) . The Australian Consumer Law may give to the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier's liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again.

Appears in 1 contract

Samples: Terms of Trade

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