Common use of Liability of Operator Clause in Contracts

Liability of Operator. 17.1 Subject to clauses 17.2 to 17.5, the Operator shall be liable to the Client for loss or damage to the Nominated Vessel caused by: (a) the negligent or reckless use of the Travel Lift by the Operator or its Representatives; or (b) the malfunction of the Travel Lift; or (c) a failure of the Operator to comply with clause 4.1 in using the Travel Lift or placing the Nominated Vessel on the Hardstand, and the Operator shall not otherwise be liable to the Client or to the Owner, or a Contractor (or their respective Representatives) or any other person for any Loss whatsoever suffered by any of those persons (or any other person) under or in connection with this Agreement. 17.2 The Operator's maximum liability to the Client, the Owner or a Contractor (and their respective Representatives) for damages or losses (in contract, tort (including negligence), equity, statute or otherwise) in any way connected with the Services or this Agreement is the greater of: (a) the amount available to be paid out under any relevant insurance held by the Operator up to a maximum of $5,000,000; or (b) three times the value of the Charges payable for the Services to be provided under this Agreement as set out in the Schedule of Particulars or otherwise agreed in writing (excluding disbursements and GST). 17.3 Notwithstanding anything else in this Agreement, the Operator is not liable to the Client, the Owner, or a Contractor (or their respective Representatives), or to any other person in any circumstances: (a) for any remote, consequential or indirect Loss, including but not limited to loss of hire, loss of profit, loss of use, loss of opportunity, or additional costs of use (including costs of acquiring a replacement vessel (either temporarily or permanently) or engaging an alternative service provider); or (b) for any Loss of any kind arising from any delay (for any reason) in the provision of any Services by the Operator under this Agreement. 17.4 The liability of the Operator under this clause 17 is limited to the extent that the Client has contributed (whether by way of act, omission, default, contributory negligence or otherwise) to the circumstances giving rise to such liability. 17.5 The Client acknowledges and agrees that if the Client or the Client's Representatives are using the Marine Hub for the purposes of a business, the provisions of the Consumer Xxxxxxxxxx Xxx 0000 (the "CGA") and sections 9, 12A, 13, or 14(1) of the Fair Trading Act 1986 (the "FTA") will not apply to such use. However, nothing in this Agreement will affect any rights that the Client or the Client's Representatives who are 'consumers' for the purposes of the CGA or who are not 'in trade' for the purposes of the FTA, may have under those acts, and these General Terms and Conditions are to be modified to the extent necessary to give effect to that intention.

Liability of Operator. 17.1 Subject to clauses 17.2 to 17.5, the Operator shall be liable to the Client for loss or damage to the Nominated Vessel caused by: (a) the negligent or reckless use of the Travel Lift by the Operator or its Representatives; or (b) the malfunction of the Travel Lift; or (c) a failure of the Operator to comply with clause 4.1 in using the Travel Lift or placing the Nominated Vessel on the Hardstand, and the Operator shall not otherwise be liable to the Client or to the Owner, or a Contractor (or their respective Representatives) or any other person for any Loss whatsoever suffered by any of those persons (or any other person) under or in connection with this Agreement. 17.2 The Operator's maximum liability to the Client, the Owner or a Contractor (and their respective Representatives) for damages or losses (in contract, tort (including negligence), equity, statute or otherwise) in any way connected with the Services or this Agreement is the greater of: (a) the amount available to be paid out under any relevant insurance held by the Operator up to a maximum of $5,000,000; or (b) three times the value of the Charges payable for the Services to be provided under this Agreement as set out in the Schedule of Particulars or otherwise agreed in writing (excluding disbursements and GST). 17.3 Notwithstanding anything else in this Agreement, the Operator is not liable to the Client, the Owner, or a Contractor (or their respective Representatives), or to any other person in any circumstances: (a) for any remote, consequential or indirect Loss, including but not limited to loss of hire, loss of profit, loss of use, loss of opportunity, or additional costs of use (including costs of acquiring a replacement vessel (either temporarily or permanently) or engaging an alternative service provider); or (b) for any Loss of any kind arising from any delay (for any reason) in the provision of any Services by the Operator under this Agreement. 17.4 The liability of the Operator under this clause 17 is limited to the extent that the Client has contributed (whether by way of act, omission, default, contributory negligence or otherwise) to the circumstances giving rise to such liability. 17.5 The Client acknowledges and agrees that if the Client or the Client's Representatives are using the Marine Hub for the purposes of a business, the provisions of the Consumer Xxxxxxxxxx Xxx 0000 (the "CGA") and sections 9, 12A, 13, or 14(1) of the Fair Trading Act 1986 (the "FTA") will not apply to such use. However, nothing in this Agreement will affect any rights that the Client or the Client's Representatives who are 'consumers' for the purposes of the CGA or who are not 'in trade' for the purposes of the FTA, may have under those acts, and these General Terms and Conditions are to be modified to the extent necessary to give effect to that intention. 17.6 The Client acknowledges that the Operator cannot prevent third parties from photographing the Nominated Vessel. The Client further acknowledges and agrees that, unless it expressly requires the Operator, in writing, not to do so, the Operator and its employees and agents may take and use video footage and photography of the Nominated Vessel for advertising and marketing purposes.

Liability of Operator. 17.1 Subject to clauses 17.2 to 17.5, the Operator shall be liable to the Client for loss or damage to the Nominated Vessel caused by: (a) the negligent or reckless use of the Travel Lift by the Operator or its Representatives; or (b) the malfunction of the Travel Lift; or (c) a failure of the Operator to comply with clause 4.1 in using the Travel Lift or placing the Nominated Vessel on the Hardstand, and the The Operator shall not otherwise be liable to the Client or to the Owner, or a Contractor (or their respective Representatives) or any other person for any Loss whatsoever suffered by any of those persons (or any other person) under or in connection with this Agreement. 17.2 The Operator's maximum liability to the Client, Client or the Owner or a Contractor (and their respective Representatives) for damages or losses (in contract, tort (including negligence), equity, statute or otherwise) in any way connected with the Services or this Agreement is the greater of: (a) the amount available to be paid out under any relevant insurance held by the Operator up to a maximum of $5,000,000; or (b) three times the value of the Charges payable for the Services to be provided under this Agreement as set out in the Schedule of Particulars or otherwise agreed in writing (excluding disbursements and GST). 17.3 Notwithstanding anything else in this Agreement, the Operator is not liable to the Client, Client or the Owner, or a Contractor (or their respective Representatives), or to any other person in any circumstances: (a) for any remote, consequential or indirect Loss, including but not limited to loss of hire, loss of profit, loss of use, loss of opportunity, or additional costs of use (including costs of acquiring a replacement vessel (either temporarily or permanently) or engaging an alternative service provider); or (b) for any Loss of any kind arising from any delay (for any reason) in the provision of any Services by the Operator under this Agreement. 17.4 The liability of the Operator under this clause 17 is limited to the extent that the Client has contributed (whether by way of act, omission, default, contributory negligence or otherwise) to the circumstances giving rise to such liability. 17.5 The Client acknowledges and agrees that if the Client or the Client's Representatives are using the Marine Hub Wharf for the purposes of a business, the provisions of the Consumer Xxxxxxxxxx Xxx 0000 Guarantees Act 1993 (the "CGA") and sections 9, 12A, 13, or 14(1) of the Fair Fair-Trading Act 1986 (the "FTA") will not apply to such use. However, nothing in this Agreement will affect any rights that the Client or the Client's Representatives who are 'consumers' for the purposes of the CGA or who are not 'in trade' for the purposes of the FTA, may have under those acts, and these General Terms and Conditions are to be modified to the extent necessary to give effect to that intention. 17.6 The Client acknowledges that the Operator cannot prevent third parties from photographing the Nominated Vessel. The Client further acknowledges and agrees that, unless it expressly requires the Operator, in writing, not to do so, the Operator and its employees and agents may take and use video footage and photography of the Nominated Vessel for advertising and marketing purposes.