Common use of Liability of Supplier Clause in Contracts

Liability of Supplier. 10.1 To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2 In the event that this Contract constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Xxx 0000 (Cth) (including the Australian Consumer Law), as amended, or relevant similar State or Territory legislation ("the Acts"), nothing contained in this Contract excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event the Seller's sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:- 10.2.1 the replacement of the Goods or Services; or 10.2.2 the supply of equivalent goods or services; or 10.2.3 payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or 10.2.4 the repair of the Goods or payment of the cost of having the Goods repaired, as Radlink may select. 10.3 The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control of the Seller.

Liability of Supplier. 10.1 10.1. To the maximum extent permitted by law, no warranty, condition, description or representation on the part of the Seller Festo is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2 In the event that this Contract constitutes 10.2. Where Festo’s performance of these Terms or any Agreement constitute a supply of goods or services to a consumer as defined in within the meaning of the Competition and Consumer Xxx 0000 (Cth) (including the Australian Consumer Law), as amended, or any relevant similar State or Territory legislation ("the Acts"), then: a) nothing contained in this Contract excludes restricts these Terms shall exclude, restrict, or modifies modify any condition, warranty or other obligation in relation to this Contract and any Agreement and/or the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful; and b) to the maximum extent permitted by law, in which event the Seller's Festo’s sole liability for breach of any such condition, warranty or other obligation, obligation (including any consequential loss Consequential Loss which the customer may sustain or incur, ) shall be limited (except to the extent specifically set forth herein) to:- 10.2.1 i) the replacement of the Goods or Services; or 10.2.2 ii) the supply of equivalent goods or services; or 10.2.3 iii) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or 10.2.4 iv) the repair of the Goods or payment of the cost of having the Goods repaired, as Radlink Festo may selectselect in its sole and absolute discretion. 10.3 The Seller will not be liable for 10.3. To the maximum extent permitted by law, the Customer releases Festo from any failure and all liability (including any Consequential Liability) which the Customer may sustain or incur where Festo fails or is unable to supply or deliver the Goods or Services if in accordance with any Agreement as a result of any matter that is beyond the failure arises control of Festo (including, but not limited to as a consequence of fire, embargo, strike, inability to secure materials or labour, flood, act of government, riot, epidemic, or pandemic). 10.4. To the maximum extent permitted by law, the Customer releases Festo from liability for any and all loss, damage, injury, cost, expense, or liability suffered by the Customer or any other circumstances beyond third party of any kind whatsoever, and whether actual or contingent, present or future, fixed or unascertained, and whether based in contract, tort, or otherwise arising at law, and howsoever arising out of or in connection with any Agreement, these Terms or the control sale or supply of Goods or Services to the SellerCustomer, including but not limited to indirect loss or Consequential Loss, except to the extent that any such liability is due to the negligence of Festo or any of its employees or agents.

Liability of Supplier. 10.1 10.1. To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2 10.2. In the event that this Contract an Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Xxx 0000 Act 2010 (Cth) (including the Australian Consumer Law), ) as amendedamended from time to time, or relevant similar analogous State or Territory legislation ("“the Acts"”), nothing contained in this Contract that Agreement excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to any of the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful. In such cases, in which event the Seller's ’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer Customer may sustain or incur, shall be limited (except to the extent specifically set forth hereinto:- a.) to:- 10.2.1 the replacement of the Goods or Services; or 10.2.2 or b.) the supply of equivalent goods or services; or 10.2.3 or c.) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or 10.2.4 or d.) the repair of the Goods or payment of the cost of having the Goods repaired, ; as Radlink the Supplier may selectelect in its absolute discretion. 10.3 10.3. The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control Seller’s control. 10.4. The Supplier accepts no responsibility for any Damage, claim, loss, demand and/or Liability which may arise out of the Sellerincorrect, improper or negligent use of the Products and/or Services supplied by the Supplier, and the Customer hereby forever releases, holds harmless and fully indemnifies the Supplier for all such Damage, claim, loss, demand and/or Liability.

Liability of Supplier. 10.1 10.1. To the extent permitted by law, no warranty, condition, description or representation on the part of the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2 10.2. In the event that this Contract an Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Xxx 0000 Act 2010 (Cth) (including the Australian Consumer Law), ) as amendedamended from time to time, or relevant similar analogous State or Territory legislation ("“the Acts"”), nothing contained in this Contract that Agreement excludes restricts or modifies any condition, warranty or other obligation in relation to this Contract and the Goods and Services which, pursuant to any of the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful. In such cases, in which event the Seller's ’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to:- 10.2.1 (a) the replacement of the Goods or Services; or 10.2.2 (b) the supply of equivalent goods or services; or 10.2.3 (c) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or 10.2.4 (d) the repair of the Goods or payment of the cost of having the Goods repaired, as Radlink the Supplier may selectelect in its absolute discretion. 10.3 10.3. The Seller will not be liable for any failure to deliver the Goods or Services if the failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, or any other circumstances beyond the control Seller’s control. 10.4. The Supplier accepts no responsibility for any Damage, claim, loss, demand and/or Liability which may arise out of the Sellerincorrect, improper or negligent use of the Products and/or Services supplied by the Supplier, and the Customer hereby forever releases, holds harmless and fully indemnifies the Supplier for all such Damage, claim, loss, demand and/or Liability.