Common use of Liability and Release Clause in Contracts

Liability and Release. (a) You acknowledge that you are solely responsible for payment of any amounts owing to Air Liquide except to the extent you authorise, and Air Liquide receives, payment in respect of your transaction with Air Liquide under this Agreement from a government, insurer or other payer agency. While Air Liquide may provide you with assistance in this matter, you acknowledge that it is your responsibility to qualify for any such coverage. (b) You acknowledge that Air Liquide assumes no responsibility or liability for the success, failure or effect of any treatment service prescribed by your treating medical practitioner. (c) To the extent permissible, and subject to any rights you have under the Australian Consumer Law, You release Air Liquide from liability for any damage, expense, loss or liability suffered or incurred in respect of your possession or use of the PAP machine, accessories and consumables, unless caused by (and only the extent of) our negligence. (d) You warrant that: i. you have conducted your own enquiries in relation to the performance and suitability of the PAP machine for your needs; and ii. in entering into this Agreement, you have not relied solely upon any express or implied representations of Air Liquide in selecting a PAP machine. (e) You agree to comply promptly with your payment obligations under this Agreement. You also agree that you must reimburse Air Liquide for the full amount of any: i. bank or other fees associated with any dishonoured payments; and ii. legal, debt recovery or other expenses associated with any action which is necessary to recover from you any Air Liquide owned Rented Equipment or outstanding payments.

Liability and Release. (a) You acknowledge that you are solely responsible for payment of any amounts owing to Air Liquide except to the extent you authorise, and Air Liquide receives, receives payment in respect of your transaction with Air Liquide under this Agreement from a government, insurer or other payer agency. While Air Liquide may provide you with assistance in this matter, you acknowledge that it is your responsibility to qualify for any such coverage. (b) You acknowledge that Air Liquide assumes no responsibility or liability for the success, failure or effect of any treatment service prescribed by your treating medical practitioner. (c) To the extent permissible, and subject to any rights you have under the Australian Consumer Law, You release Air Liquide from liability for any damage, expense, loss or liability suffered or incurred in respect of your possession or use of the PAP machine, accessories and consumables, unless caused by (and only the extent of) our negligence. (d) You warrant that: i. you have conducted your own enquiries in relation to the performance and suitability of the PAP machine for your needs; and ii. in entering into this Agreement, you have not relied solely upon any express or implied representations of Air Liquide in selecting a PAP machine. (e) You agree to comply promptly with your payment obligations under this Agreement. You also agree that you must reimburse Air Liquide for the full amount of any: i. bank or other fees associated with any dishonoured payments; and ii. legal, debt recovery or other expenses associated with any action which is necessary to recover from you any Air Liquide owned Rented Equipment or outstanding payments.