Common use of Liability and Warranties Clause in Contracts

Liability and Warranties. 13.1 Except as expressly provided in the Contract, any terms, condi- tions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 Where Interphone is not permitted to exclude its liability for any loss or damage in connection with Interphone’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er is able to establish that it is not fair and reasonable for Interphone to do so, Interphone’s liability to the Customer is limited to: a) in the case of goods: • replacement of the goods; • supply of equivalent goods; • repair of the goods; • payment of the cost of replacing the goods; • payment of the cost of acquiring equivalent goods; • payment of the cost of having the goods repaired; b) in the case of services: • resupply of the services; or • payment of the cost of the resupply of the services. • 13.3 The limitations of liability in clause 13.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumption. 13.4 The Customer acknowledges it has not relied on any represen- tation or warranty made by Interphone which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by Interphone. 13.5 Except as required by law or regulation or as set out in this Con- tract, Interphone expressly excludes all Liability for all warranties, con- ditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 Under no circumstances will Interphone be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- ever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 The provisions of this clause 13 survive the termination of the Service.

Liability and Warranties. 13.1 15.1 Except as expressly provided in the Contract, any terms, condi- tionsconditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject subject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 15.2 Where Interphone Sat One Global is not permitted to exclude its liability for any loss or damage in connection with InterphoneSat One Global’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone Sat One Global to do so, InterphoneSat One Global’s liability to the Customer is limited to: (a) in the case of goods: •  replacement of the goods; •  supply of equivalent goods; •  repair of the goods; •  payment of the cost of replacing the goods; •  payment of the cost of acquiring equivalent goods; • or  payment of the cost of having the goods repaired;; and (b) in the case of servicesServices: •  resupply of the services; or •  payment of the cost of the resupply of the services. •. 13.3 15.3 The limitations of liability in clause 13.2 15.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumptionconsumption. 13.4 15.4 The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone Sat One Global which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by InterphoneSat One Global. 13.5 15.5 Except as required by law or regulation or as set out in this Con- tractContract, Interphone Sat One Global expressly excludes all Liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 15.6 Under no circumstances will Interphone Sat One Global be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 15.7 Pursuant to clauses 15.5 and 15.6, Sat One Global will also not be liable or responsible to the Customer in any way for any problems or issues that arise as a result of the Customer using the Services to complete international calls from within Australia to outside of Australia and/or for any Communications Fraud issues that arise. 15.8 The provisions of this clause 13 survive the termination of the Service.

Liability and Warranties. 13.1 15.1 Except as expressly provided in the Contract, any terms, condi- tionsconditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject subject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 15.2 Where Interphone BlueSky Telecom is not permitted to exclude its liability for any loss or damage in connection with InterphoneBlueSky Telecom’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone BlueSky Telecom to do so, InterphoneBlueSky Telecom’s liability to the Customer is limited to: (a) in the case of goods: •  replacement of the goods; •  supply of equivalent goods; •  repair of the goods; •  payment of the cost of replacing the goods; •  payment of the cost of acquiring equivalent goods; • or  payment of the cost of having the goods repaired;; and (b) in the case of servicesServices: •  resupply of the services; or •  payment of the cost of the resupply of the services. •. 13.3 15.3 The limitations of liability in clause 13.2 15.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumptionconsumption. 13.4 15.4 The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone BlueSky Telecom which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by InterphoneBlueSky Telecom. 13.5 15.5 Except as required by law or regulation or as set out in this Con- tractContract, Interphone BlueSky Telecom expressly excludes all Liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 15.6 Under no circumstances will Interphone BlueSky Telecom be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 15.7 Pursuant to clauses 15.5 and 15.6, BlueSky Telecom will also not be liable or responsible to the Customer in any way for any problems or issues that arise as a result of the Customer using the Services to complete international calls from within Australia to outside of Australia and/or for any Communications Fraud issues that arise. 15.8 The provisions of this clause 13 0 survive the termination of the Service.

Liability and Warranties. 13.1 Except as expressly provided in the Contract, any terms, condi- tionsconditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject subject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 Where Interphone Amcom is not permitted to exclude its liability for any loss or damage in connection with InterphoneAmcom’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone Amcom to do so, InterphoneAmcom’s liability to the Customer is limited to: (a) in the case of goods: •  replacement of the goods; •  supply of equivalent goods; •  repair of the goods; •  payment of the cost of replacing the goods; •  payment of the cost of acquiring equivalent goods; • or  payment of the cost of having the goods repaired;; and (b) in the case of services: •  resupply of the services; or •  payment of the cost of the resupply of the services. •. 13.3 The limitations of liability in clause 13.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumptionconsumption. 13.4 The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone Amcom which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by InterphoneAmcom. 13.5 Except as required by law or regulation or as set out in this Con- tractContract, Interphone Amcom expressly excludes all Liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 Under no circumstances will Interphone Amcom be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 The provisions of this clause 13 survive the termination of the Service.

Liability and Warranties. 13.1 15.1 Except as expressly provided in the Contract, any terms, condi- tionsconditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject subject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 15.2 Where Interphone CMTG is not permitted to exclude its liability for any loss or damage in connection with InterphoneCMTG’s breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone CMTG to do so, InterphoneCMTG’s liability to the Customer is limited to: a) in In the case of goods: •  replacement of the goods; •  supply of equivalent goods; •  repair of the goods; •  payment of the cost of replacing the goods; •  payment of the cost of acquiring equivalent goods; • or  payment of the cost of having the goods repaired;; and b) in In the case of services: • ;  resupply of the services; or •  payment of the cost of the resupply of the services. •. 13.3 c) The limitations of liability in clause 13.2 15.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumptionconsumption. 13.4 d) The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone CMTG which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by InterphoneCMTG. 13.5 e) Except as required by law or regulation or as set out in this Con- tractContract, Interphone CMTG expressly excludes all Liability liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 f) Under no circumstances will Interphone CMTG be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or of otherwise. 13.7 g) The provisions of this clause 13 15 survive the termination of the Service.

Liability and Warranties. 13.1 Except as expressly provided in the Contract, any terms, condi- tions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 Where Interphone FibreNet is not permitted to exclude its liability for any loss or damage in connection with InterphoneFibreNet’s breach of a Consumer Guarantee Guar- xxxxx (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone FibreNet to do so, InterphoneFibreNet’s liability to the Customer is limited to: a) in the case of goods: • replacement of the goods; • supply of equivalent goods; • repair of the goods; • payment of the cost of replacing the goods; • payment of the cost of acquiring equivalent goods; • payment of the cost of having the goods repaired; b) in the case of services: • resupply of the services; or • payment of the cost of the resupply of the services. • 13.3 The limitations of liability in clause 13.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumption. 13.4 The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone FibreNet which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained con- tained in any document including any catalogues or material published by InterphoneFibreNet. 13.5 Except as required by law or regulation or as set out in this Con- tractContract, Interphone FibreNet expressly excludes all Liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 Under no circumstances will Interphone FibreNet be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption Inter- ruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 The provisions of this clause 13 survive the termination of the Service.

Liability and Warranties. 13.1 15.1 Except as expressly provided in the Contract, any terms, condi- tionsconditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the sub- ject subject matter of the Contract are excluded to the maximum extent allowed by the law. 13.2 15.2 Where Interphone Telco Doctor is not permitted to exclude its liability for any loss or damage in connection with Interphone’s Telco Doctor breach of a Consumer Guarantee (as defined under the Australian Consumer Law), but are permitted to limit its liability for such a breach, then, unless the Custom- er Customer is able to establish that it is not fair and reasonable for Interphone Telco Doctor to do so, Interphone’s Telco Doctor liability to the Customer is limited to: (a) in the case of goods: •  replacement of the goods; •  supply of equivalent goods; •  repair of the goods; •  payment of the cost of replacing the goods; •  payment of the cost of acquiring equivalent goods; • or  payment of the cost of having the goods repaired;; and (b) in the case of servicesServices: •  resupply of the services; or •  payment of the cost of the resupply of the services. •. 13.3 15.3 The limitations of liability in clause 13.2 15.2 do not apply to a breach of any Consumer Guarantee relating to goods or services of a kind ordinarily acquired for personal, domestic or household use or con- sumptionconsumption. 13.4 15.4 The Customer acknowledges it has not relied on any represen- tation representation or warranty made by Interphone Telco Doctor which has not been stated expressly in the Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or material published by InterphoneTelco Doctor. 13.5 15.5 Except as required by law or regulation or as set out in this Con- tractContract, Interphone Telco Doctor expressly excludes all Liability for all warranties, con- ditionsconditions, non-fraudulent representations, express or implied concerning the Service, including but not limited to those relating to the availability, performance, quality or fitness for purpose of the Service. 13.6 15.6 Under no circumstances will Interphone Telco Doctor be liable to the Customer for loss of profits, loss of contracts, loss of use of the Service or any Interruption or for any indirect economic or consequential loss whatso- everwhatsoever, whether arising from negligence, breach of contract, failure of the Service or otherwise. 13.7 15.7 Pursuant to clauses 15.5 and 15.6, Telco Doctor will also not be liable or responsible to the Customer in any way for any problems or issues that arise as a result of the Customer using the Services to complete international calls from within Australia to outside of Australia and/or for any Communications Fraud issues that arise. 15.8 The provisions of this clause 13 0 survive the termination of the Service.