Common use of Risk Clause in Contracts

Risk. 10.1 If Maximo retains ownership of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work on or before delivery. Delivery of the materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 8.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client on delivery of the materials Delivery and the Client must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 8.2 If any of the materials of the Construction Work shall be deemed Goods are damaged or destroyed following Delivery but prior to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s nominated delivery address (even if rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client is not present at requests the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo Seller to leave materials of Goods outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expensesole risk. 10.3 8.4 Where Maximo gives advice or recommendations the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Client’s agentSeller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, regarding demands, losses, damages, costs and expenses howsoever caused or arising in connection with the suitability of products for installation and work incidental thereto. 8.7 The Client agrees to indemnify the repair or undertaking of Seller against any Construction Workclaims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As where such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workoccur; and (b) time and frequency for future repairsdoors may require a height adjustment following the installation of new flooring. Any such adjustment shall be at the Client’s own cost. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 7.1 If Maximo retains ownership required, EME Roofing shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Construction Work thenWorks all risk for the Works shall immediately pass to the Client. 7.2 EME Roofing may at its discretion notify the Client that it requires to store at the site Materials, fittings and appliances, or plant and tools required for the Works, in which event the Client shall supply EME Roofing a safe area for storage and shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the event that any such items are destroyed, stolen or damaged then the cost of repair or replacement shall be the Client’s responsibility. 7.3 The Client warrants that the structure of the premises upon which these Materials are to be installed or erected is sound and will sustain the installation and associated Works, and EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and associated Works. 7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are caused by incorrect or inaccurate information being supplied by the Client. 7.5 The Client acknowledges and agrees that no persons other than those authorised or employed by EME Roofing are to walk on the treated roof surface for a period of twenty-one (21) days after completion of the job and at no time are any persons permitted to be in the areas of the Works. EME Roofing shall not be liable for any loss, damages, injuries, or costs however arising resulting from the Client’s failure to comply with this clause. 7.6 The Client acknowledges and accepts that: (a) where Maximo EME Roofing is supplying materials only responsible for Construction Work onlyparts that are replaced by EME Roofing and that in the event that other components/goods, all risk for subsequently fail, the Construction Work shall immediately pass Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and (b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client on delivery prior to the commencement of the materials and Works. If the Client must insure requests the materials replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the Construction Work on roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and (c) EME Roofing accepts no liability for any subsequent loss or before delivery. Delivery damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the materials of the Construction Work shall be deemed Works, where such loss or damage is due to have taken place immediately at the time that either;pre-existing faults or leaks; and (d) Materials supplied may (i) the Client exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or the Client’s nominated carrier takes possession change colour over time. EME Roofing will make every effort to match batches of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier product supplied in order to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then minimise such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As where such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workoccur; and (bii) time and frequency for future repairsexpand, contract or distort as a result of exposure to heat, cold, weather; and (iii) mark or stain if exposed to certain substances; and (iv) be damaged or disfigured by impact or scratching. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 11.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 11.2 If any of the materials of the Construction Work shall be deemed Goods are damaged or destroyed following delivery but prior to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier ownership passing to the ClientCustomer, Casafico is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Casafico is sufficient evidence of Casafico’s nominated delivery address (even if rights to receive the Client is not present at insurance proceeds without the address)need for any person dealing with Casafico to make further enquiries. 10.2 Notwithstanding 11.3 If the provisions of clause 10.1 if the Client specifically Customer requests Maximo Casafico to leave materials of the Construction Work Goods outside MaximoCasafico’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location location, then such materials of the Construction Work Goods shall always be left at the Customer’s sole risk risk. 11.4 The Customer warrants that the structure of the Client premises or equipment in or upon which these Goods are to be installed or erected is sound and it shall be will sustain the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, installation and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours Services incidental thereto and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Casafico shall not be liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever arising resulting from any variation of should the colour premises or texture between different batches of materials for equipment be unable to accommodate the Construction Work or mix designinstallation. 10.5 Whilst Maximo 11.5 Casafico shall endeavour to match existing finishes, an exact match cannot be guaranteed due held liable for any costs, losses or damages where there are delays to factors pre-constructions work not being completed by either third parties or circumstances beyond MaximoCasafico’s control. 10.6 11.6 The Client Customer acknowledges and accepts that where any remedial work has been performed as part of the Construction WorkGoods supplied may: (a) exhibit variations in texture, some evidence of the work may be apparent shade, colour, surface, finish, markings, veining, and shall not be considered by Xxxxxx contain natural fissures, occlusions, and indentations; and (b) expand, contract or distort as a defect.result of exposure to heat, cold, weather; and 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, (c) mark or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied stain if exposed to certain substances; and (d) be damaged or disfigured by Xxxxxx’s supplier companies.impact or scratching 10.8 Maximo 11.7 Casafico shall not be liable for any defect in or damage resulting from incorrect or faulty installation carried out by the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairsCustomer or any other third party. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo the Seller retains ownership of the Construction Work Materials under clause 13 then: (a) where Maximo the Seller is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo the Seller or Xxxxxxthe Seller’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address); or (b) where the Seller is to both supply and install Materials then the Seller shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo the Seller to leave materials of Materials outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent is to authorise commencement of supply the Construction Work in writingSeller with any plans and/or design specifications (including, but not limited to CAD drawings) the Client shall be responsible for providing accurate data. Maximo The Seller shall not be liable in any way whatsoever for any damages errors in the Materials that are caused by incorrect or losses that occur after any subsequent commencement of inaccurate data being supplied by the Construction WorkClient. 10.4 The Client acknowledges warrants that any colours existing plumbing, gas fitting and/or associated services in or upon the Worksite that is subject to the Materials and/or Works is in compliance with regulations. The Seller reserves the right to halt all Works (in accordance with the provisions of clause 8.2 above) if in their opinion the Worksite is unsafe and/or the current positioning of the unit is illegal due to not meeting the required clearances then the Client will be informed of this and textures are manually matched will be given a revised quotation or estimate to existing features install the new equipment in a safe and availability of materials legal position. Should the Client not wish to proceed the Seller will charge a standard fee for the Construction Work time spent on the Worksite based on the Seller’s quotation. 10.5 The Seller shall upon installation ensure that all installed Materials meet current industry standards applicable to noise levels, however the Seller cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc. 10.6 In the event that any of the equipment needs to be relocated due to complaints from neighbours or local authorities, then the Client shall be responsible for any and all costs involved. 10.7 The Client acknowledges and agrees that it is achieved their responsibility to insure any equipment partly or completely installed on the Worksite, against theft or damage. 10.8 In the event that the electrical wiring is required to be re-positioned at the request of any third party contracted by the Client then the Client agrees to notify the Seller immediately upon any proposed changes. The Client agrees to indemnify the Seller against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 7.2. 10.9 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the best electrical installation under the Electrical Safety Act, Regulations and Codes of Maximo’s ability Practice. All of the cabling work will comply with the Australian and is done with reasonable care New Zealand Wiring standards. 10.10 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness that any electrical connections (including, but not limited to, pinto effectmeter boxes, measles effect main switches, circuit breakers, and lappingelectrical cable) are of suitable capacity to handle the Materials once installed. If, etc.). Maximo shall not be liable for any lossreason (including the discovery of asbestos, damages defective or costs unsafe wiring, or dangerous access to roofing or crawl spaces), the Seller reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then the Seller shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 8.2 above) until the Seller is satisfied that it is safe for the installation to proceed. 10.11 The Client acknowledges that the Seller is only responsible for parts that are replaced by the Seller, and in the event that other parts/goods, subsequently fail, the Client agrees to indemnify the Seller against any loss or damage to the Materials, or caused by the goods, or any part thereof howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes(including, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):, loss of perishables, flooding and/or damage to clothing). 10.12 The Client acknowledges and agree that where the Seller has performed temporary repairs on the unit that: (a) suitable cleaning instructions the Seller offers no guarantee against the reoccurrence of the Construction Workinitial fault, or any further damage caused; and (b) time the Seller will immediately advise the Client of the fault and frequency shall provide the Client with an estimate for future repairsthe full repair of the damaged unit. 10.9 Maximo shall not 10.13 The Client accepts that damage resulting from exposure to sulphur or other abrasive or corrosive elements or from insect infestation may void any warranty claim. 10.14 The Client acknowledges that Materials supplied may: (a) fade or change colour over time; and (b) expand, contract or distort as a result of exposure to heat, cold, weather, corrosive or abrasive elements; and (c) mark or stain if exposed to certain substances; and (d) be held responsible for any damage to the Construction Work caused damaged or disfigured by other tradesmen, outside agents impact or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagescratching.

Risk. 10.1 If Maximo 8.1 Irrespective of whether the Contractor retains ownership of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, any Incidental Items all risk for the Construction Work such items shall immediately pass to the Client on delivery of as soon as such items are delivered to the materials Client and shall remain with the Client until such time as the Contractor may repossess the Incidental Items in accordance with clause 11.3(f). The Client must insure the materials of the Construction Work all Incidental Items on or before delivery. Delivery . 8.2 The Contractor reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession failure to insure in accordance with clause 8.1. 8.3 The Client warrants that the structure of the materials of premises or equipment in or upon which these Services are to be installed or erected is sound and will sustain the Construction Work at Xxxxxx ’s address; or (ii) installation and Services incidental thereto and the materials of Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the Construction Work are delivered by Maximo premises or Xxxxxx’s nominated carrier equipment be unable to accommodate the Client’s nominated delivery address (even if the Client is not present at the address)installation. 10.2 Notwithstanding 8.4 Where the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the suitability scope of products for the repair Services (including but not limited to, a particular course of action, product selection or undertaking the condition of any Construction Workgoods supplied by the Client being inferior), and such advice or recommendations are not acted upon upon, then Maximo the Contractor shall require the Client or their agent to authorise commencement of the Construction Work Services in writing. Maximo The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction WorkServices nor will such losses or damages be deemed a defect. If the Client instructs the Contractor to rectify any damage or defects in the materials supplied, this will become a variation to the original quotation and will be charged at the Contractor’s normal hourly rate. 10.4 8.5 The Client accepts and acknowledges that any faults with underlying surfaces or structures may affect the finish of the completed Services. If the Client instructs the Contractor to rectify and/or redo such finishes, this will become a variation to the original quotation. 8.6 The Client acknowledges that they shall be wholly responsible for any colours and textures are manually matched to existing features and availability of materials animals and/or children on the worksite. The Client shall ensure that any 8.7 Where the Client has supplied goods for the Construction Work is achieved Contractor to complete the best Services, the Client acknowledges that they accept responsibility for the suitability of Maximo’s ability purpose, quality and is done with reasonable care and skillany faults inherent in the goods. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo The Contractor shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any defects in the Services, any loss or damage to the Construction Work caused goods (or any part thereof), howsoever arising from the use of goods supplied by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damageClient.

Risk. 10.1 If Maximo retains ownership 7.1 Risk of damage to, loss or deterioration of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Buyer on delivery of the materials Delivery and the Client Buyer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 7.2 If any of the materials Goods are damaged or destroyed following Delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Construction Work shall be deemed Seller’s rights to have taken place immediately at receive the time that either; (i) insurance proceeds without the Client or need for any person dealing with the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier Seller to the Client’s nominated delivery address (even if the Client is not present at the address)make further enquiries. 10.2 Notwithstanding 7.3 If the provisions of clause 10.1 if Buyer requests the Client specifically requests Maximo Seller to leave materials of Goods outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at the Buyer’s sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expenserisk. 10.3 Where Maximo gives advice or recommendations 7.4 The Client acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish. The Seller will make every effort to the Client, or the Client’s agent, regarding the suitability match batches of products for the repair or undertaking of any Construction Work, and product supplied in order to minimise such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses where such variations occur. 7.5 The Client warrants that occur after any subsequent commencement the structure of the Construction Work 10.4 The Client acknowledges that any colours premises or equipment in or upon which these Goods are to be installed or erected is sound and textures are manually matched to existing features will sustain the installation and availability of materials for work incidental thereto and the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Seller shall not be liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever arising resulting from any variation of should the colour premises or texture between different batches of materials for equipment be unable to accommodate the Construction Work or mix designinstallation. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of 7.6 the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo Seller shall not be liable for any defect or damage resulting from incorrect or faulty installation. 7.7 The Client acknowledges that the Seller is only responsible for parts that are replaced/supplied by the Seller and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the materials source of the Construction Work if failure, the Client does not follow Xxxxxx’s recommendationsagrees to indemnify the Seller against any loss or damage to the Goods, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairsor caused thereby, or any part thereof howsoever arising. 10.9 Maximo 7.8 Where the Client has supplied materials for the Seller to complete the Goods, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Seller shall not be held responsible for any defects in the Goods, any loss or damage howsoever arising from the use of materials supplied by the Client. 7.9 Any advice, recommendation, information, assistance or service provided by the Seller in relation to Goods provided is given in good faith, is based on the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where Seller’s own knowledge and experience and shall be accepted without liability on the part of the Seller and it shall be the responsibility of the Client requests Maximo to repair such damage then Maximo reserves confirm the right accuracy and reliability of the same in light of the use to charge which the Client for any costs incurred in rectifying such damagemakes or intends to make of the Goods.

Risk. 10.1 If Maximo 9.1 FP retains ownership of in the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, Equipment at all times nonetheless; all risk for the Construction Work shall immediately pass Equipment passes to the Client on delivery the earlier of collection of the materials Equipment from the Client’s premises or Delivery. 9.2 The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies FP for all loss theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client. 9.3 The Client will insure, or self-insure, FP’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client must insure will not use the materials Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim. The Client is to provide FP with evidence of the Construction Work on or before delivery. any insurance pursuant to this clause 9.3 prior to Delivery of the materials Equipment and at any other time during the hire period upon request from FP. 9.4 The Client accepts full responsibility for and shall keep FP indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the Construction Work shall be deemed to have taken place immediately at use of the time that either; (i) Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons. 9.5 FP shall be entitled to rely on the Client’s nominated carrier takes possession accuracy of any plans, specifications and other information provided by the materials Client for the purposes of estimating quantities and type of Equipment required. The Client acknowledges and agrees that in the Construction Work at Xxxxxx ’s address; or (ii) the materials event that any of the Construction Work are delivered this information provided by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at inaccurate, FP accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information and that the address)Client shall pay to the FP any additional Charges required as a result of any such inaccuracies. 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. 9.6 In the event of damage to a building as a result of any action by FP’s employees or contractors, FP must be informed in order that FP may inspect such materials of the Construction Work are lost, stolen, damaged damage before any agreement to rectification costs can be accepted. 9.7 Any Equipment that is erected or destroyed then replacement of the materials of the Construction Work dismantled by FP’s trained and licensed employees or contractors shall be at as per the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability manufacturers and New Zealand Codes of products for the repair or undertaking of any Construction Work, Practice requirements. The Client acknowledges and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo accepts that FP shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement claim made in connection with the erection and dismantling of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etcEquipment by non-FP employees or contractors.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 8.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 8.2 If any of the materials of the Construction Work shall be deemed Goods are damaged or destroyed following Delivery but prior to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier ownership passing to the ClientCustomer, Waimak Engineering is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Waimak Engineering is sufficient evidence of Waimak Engineering’s nominated delivery address (even if rights to receive the Client is not present at insurance proceeds without the address)need for any person dealing with Waimak Engineering to make further enquiries. 10.2 Notwithstanding 8.3 If the provisions of clause 10.1 if the Client specifically Customer requests Maximo Waimak Engineering to leave materials of the Construction Work Goods outside MaximoWaimak Engineering’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at the Customer’s sole risk risk. 8.4 Where Waimak Engineering is: (a) to both supply and install Goods then Waimak Engineering shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Client and it Services all risk for the Services shall be immediately pass to the Client’s responsibility Customer; and (b) required to ensure install the materials Goods the Customer warrants that the structure of the Construction Work premises or equipment in or upon which these Goods are insured adequately to be installed or at all. In erected is sound and will sustain the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, installation and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours work incidental thereto and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Waimak Engineering shall not be liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever arising resulting from any variation of in connection with the colour or texture between different batches of materials for the Construction Work or mix designinstallation and work incidental thereto. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 8.5 The Client Customer acknowledges and accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):that: (a) suitable cleaning instructions Waimak Engineering is only responsible for parts that are replaced by Waimak Engineering and that in the event that other parts/materials, subsequently fail, the Customer agrees to indemnify Waimak Engineering against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising; (b) stainless steel is a textured material and can be of a porous nature. The Customer accepts that products made from this material can rust and mark easily. The Customer accepts that care should be taken to maintain the Construction Workfinish of and longevity of stainless steel products; (c) where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods; (d) Goods supplied may exhibit variations in shade, colour, texture, surface, finish, markings, veinings, and may contain natural fissures, occlusions, lines, indentations; and may (i) fade or change colour over time. (ii) expand, contract or distort as a result of exposure to heat, cold, weather; (iii) mark or stain if exposed to certain substances; and (biv) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage damaged or disfigured by impact or scratching. Whilst Waimak Engineering will make every effort to match sales samples to the Construction Work caused by other tradesmenfinished Goods, outside agents or heavy vehicles. Where Waimak Engineering accepts no liability whatsoever where such samples differ to the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagefinished Goods supplied.

Risk. 10.1 If Maximo retains ownership of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work on or before delivery. Delivery of the materials of the Construction Work shall be deemed to have taken place immediately All goods hired are at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it Hirer after their delivery. The Hirer shall be deposit materials in the Client’s responsibility Suppliers container equipment in a safe manner to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations no spillage results when equipment is transferred to the Client, Suppliers collecting unit and the Hirer shall indemnify the supplier against all or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages damage or costs howsoever liability arising resulting from out of any variation of failure by the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour Hirer to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are observe their obligations in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and this respect. (b) time and frequency for future repairsThe Suppliers equipment must not be loaded beyond the capacity as stated on the quotation. 10.9 Maximo shall (c) Materials of obnoxious, dangerous or poisonous nature must not be held deposited in the suppliers equipment, (unless by special arrangement and authority of the supplier) Liquids are not acceptable as waste material, and direct and consequential damage due to infringement of this condition is the responsibility of the Hirer, who shall indemnify the Supplier against all and any loss, damage or liability resulting there-from. (d) The Suppliers equipment must on no account be used as incinerators for burning refuse deposited therein. (e) The Hirer does not accept any responsibility for recovery of any materials deposited in the Suppliers equipment. Materials so deposited are presumed abandoned and to be disposed of by the Supplier. (f). The Hirer is responsible for ensuring that the Suppliers equipment does not constitute a nuisance to a third party, whether the said equipment is sited on the public highway of the Hirers own premises and does not infringe any damage Statute Order or regulation of local by-laws. Hirers are responsible for supplying adequate lighting to the Construction Work caused by other tradesmen, outside agents Suppliers equipment if such equipment is left on the highway overnight. The Hirer is solely responsible for such lighting and if any accident should occur because of the loss of lights or heavy vehiclesthe failure to keep such containers properly lit. Where The Hirer shall be solely liable and furthermore shall indemnify the Client requests Maximo Supplier against all actions at law that may arise from Hirers failure to repair such damage then Maximo reserves keep the right to charge the Client for any costs incurred in rectifying such damageSuppliers equipment properly lit.

Risk. 10.1 If Maximo retains ownership 7.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 7.2 If any of the materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work Goods are delivered by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement following Delivery but prior to ownership passing to the Customer, Expressway Spares is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Expressway Spares is sufficient evidence of Expressway Spares’ rights to receive the insurance proceeds without the need for any person dealing with Expressway Spares to make further enquiries. 7.3 The Customer acknowledges that Expressway Spares is only responsible for parts that are replaced/supplied by Expressway Spares and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the materials of failure, the Construction Work shall be at Customer agrees to indemnify Expressway Spares against any loss or damage to the Client’s expenseGoods, or caused thereby, or any part thereof howsoever arising. 10.3 7.4 Where Maximo gives advice or recommendations the Customer has supplied any materials for Expressway Spares to complete the ClientGoods and/or Services under this Contract, or the Client’s agent, regarding Customer acknowledges that they accept responsibility for the suitability of products for the repair or undertaking of purpose, quality and any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work faults inherent in writingthose materials. Maximo Expressway Spares shall not be liable in any way whatsoever responsible for any damages defects in the Goods, any loss or losses that occur after any subsequent commencement damage howsoever arising from the use of materials supplied by the Construction WorkCustomer. 10.4 7.5 The Client Customer acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent in Goods and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Expressway Spares shall not be liable for any loss, damages damage or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix designproduct. 10.5 7.6 Detailed drawings of any services that will be embedded in the Goods are to be provided to Expressway Spares prior to commencement of any Services. Whilst Maximo shall endeavour all due care will be taken no liability will be accepted by Expressway Spares for damage to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s controlthe services or any other element embedded in the Goods. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo 7.7 Expressway Spares shall not be liable for any defect in defect, deterioration and/or damage to the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):Goods: (a) suitable cleaning instructions of if the Construction WorkCustomer does not follow Expressway Spares’ recommendations; and (b) time and frequency for future repairs.resulting from incorrect use and/or installation of the Goods by the Customer or any other third party; and 10.9 Maximo shall not be held responsible for (c) where welding, galvanising (or any damage to the Construction Work other heat related process) has caused by distortion or any other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 8.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 8.2 If any of the materials Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Construction Work shall be deemed Seller’s rights to have taken place immediately at receive the time that either; (i) insurance proceeds without the Client or need for any person dealing with the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier Seller to the Client’s nominated delivery address (even if the Client is not present at the address)make further enquiries. 10.2 Notwithstanding 8.3 If the provisions of clause 10.1 if Customer requests the Client specifically requests Maximo Seller to leave materials of Goods outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location location, then such materials of the Construction Work Goods shall always be left at the Customer’s sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expenserisk. 10.3 Where Maximo gives advice or recommendations 8.4 The Customer acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish. The Seller will make every effort to the Client, or the Client’s agent, regarding the suitability match batches of products for the repair or undertaking of any Construction Work, and product supplied in order to minimise such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses where such variations occur. 8.5 The Customer warrants that occur after any subsequent commencement the structure of the Construction Work 10.4 The Client acknowledges that any colours premises or equipment in or upon which these Goods are to be installed or erected is sound and textures are manually matched to existing features will sustain the installation and availability of materials for work incidental thereto and the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Seller shall not be liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever arising resulting from any variation of should the colour premises or texture between different batches of materials for equipment be unable to accommodate the Construction Work or mix designinstallation. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 8.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo Seller shall not be liable for any defect or damage resulting from incorrect or faulty installation. 8.7 Where the Customer has supplied materials for the Seller to complete the Goods, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Seller shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the use of materials of supplied by the Construction Work if Customer. 8.8 The Customer acknowledges and agree that where the Client does not follow Xxxxxx’s recommendations, including (but not limited to):Seller has performed temporary repairs on the unit that: (a) suitable cleaning instructions the Seller offers no guarantee against the reoccurrence of the Construction Workinitial fault, or any further damage caused; and (b) time the Seller will immediately advise the Customer of the fault and frequency shall provide the Customer with an estimate for future repairsthe full repair of the damaged unit. 10.9 Maximo shall not be held 8.9 The Customer acknowledges that the Seller is only responsible for parts that are replaced by the Seller and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify the Seller against any loss or damage to the Construction Work Goods, or caused by other tradesmenthe Goods, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagepart thereof howsoever arising.

Risk. 10.1 ‌ 8.1 If Maximo WPM retains ownership of the Construction Work Materials under clause 14 then: (a) where Maximo WPM is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either;: (i) the Client or the Client’s nominated carrier xxxxxxx takes possession of the materials of the Construction Work Materials at Xxxxxx WPM’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo WPM or XxxxxxWPM’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where WPM is to both supply and install Materials then WPM shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 8.2 Notwithstanding the provisions of clause 10.1 8.1 if the Client specifically requests Maximo WPM to leave materials of the Construction Work Materials outside MaximoWPM’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 8.3 Where Maximo gives advice or recommendations WPM is required to install the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require Materials the Client or their agent to authorise commencement warrants that the structure of the Construction Work premises or equipment in writing. Maximo or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and WPM shall not be liable in any way whatsoever for any damages claims, demands, losses, damages, costs and expenses however caused or losses that occur after any subsequent arising in connection with the installation and work incidental thereto. 8.4 All potential waterproofing surfaces are subject to an inspection by WPM prior to the commencement of the Construction WorkWorks. In the event that the surface is deemed unsuitable, then WPM reserves the right to halt the Works until such time as it is agreed between the Client and WPM as to the additional cost in further preparation of the surface in order to make it fit for waterproofing. The additional cost shall be charged as a variation to the quotation as per clause 6.2. 10.4 8.5 WPM is only responsible for Materials that are replaced by WPM, and in the event that other components, subsequently fail, the Client agrees to indemnify WPM against any loss or damage to the Works, or caused by the components, or any part thereof howsoever arising. 8.6 WPM shall not be liable whatsoever for: (a) any loss or damage to the Works that is caused by any other tradesmen during and after the completion of the Works; or (b) delays caused by any other third party suppliers that impacts on the provision of the Works by WPM; or (c) materials and/or works supplied by the Client and/or any other third party; or (d) any defect or damage resulting from incorrect or faulty installation carried out by any other third party and/or any damage or defects in any Materials caused by movement and/or interference of the said Materials; or (e) if the Client instructs WPM to rectify any damage caused by any other tradesmen, this will become a variation to the original quotation and will be charged at WPM’s normal hourly rate; or (f) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out. 8.7 In the event asbestos or any other toxic substances are discovered at the Worksite, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify WPM against any costs incurred by WPM as a consequence of such discovery. Under no circumstances will WPM handle removal of asbestos product. 8.8 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for accepts that: (a) WPM shall apply the Construction Work is achieved Materials to the best manufacturer’s specification and in compliance with all relevant industry standards; and (b) WPM may not be able to ascertain the depth of, or if a void or cavity is present under or inside the foundations without closer inspection. Any additional costs incurred by WPM for carrying out such investigation prior to repairing such a defect shall be invoiced as an extra. The Client also accepts that Works methods may alter as a result of Maximoany such investigation; and (c) WPM gives no guarantee (expressed or implied) as to the length of time the curing process of repair Works will take due to factors or conditions outside WPM’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness control (including, but not limited to, pinto effect, measles effect the surfaces and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation the existing condition of the colour defect, atmospheric conditions including humidity and temperature, the nature of the Works) and that cracking of concrete that may occur naturally in the Works such as: (i) hairline cracking of paving and grout; or (ii) damage caused by contact with chemicals, solvents, oils or texture between different batches of materials for any other substances; or (iii) the Construction Work affects by elements such as heat exposure or mix designwet weather conditions that prolong the curing process. 10.5 Whilst Maximo shall endeavour to match existing finishes(d) Materials supplied may: (i) exhibit variations in shade, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregatetexture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workchange colour over time; and (bii) time expand, contract or distort as a result of exposure to heat, cold, weather; and (iii) mark or stain if exposed to certain substances; and 8.10 It shall be WPMs responsibility to ensure flood testing is conducted on any waterproofing works undertaken by WPM no less than seven (7) days (and frequency for future repairs. 10.9 Maximo no more than thirty (30) days) from the date of completion. WPM may conduct this testing at the request of the Client, the cost of which shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehiclesquoted and treated as a separate agreement. Where the Client requests Maximo testing is being undertaken by another party, it shall be the Clients responsibility to repair such damage then Maximo reserves ensure WPM is supplied with the right to charge results within forty-eight (48) hours of them being obtained by the Client for any costs incurred in rectifying such damageClient.

Risk. 10.1 If Maximo retains ownership 8.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 8.2 If any of the materials of the Construction Work shall be deemed Goods are damaged or destroyed following Delivery but prior to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier ownership passing to the ClientCustomer, WBL is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by WBL is sufficient evidence of WBL’s nominated delivery address (even if rights to receive the Client is not present at insurance proceeds without the address)need for any person dealing with WBL to make further enquiries. 10.2 Notwithstanding 8.3 If the provisions of clause 10.1 if the Client specifically Customer requests Maximo WBL to leave materials of the Construction Work Goods outside MaximoWBL’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at the Customer’s sole risk risk. 8.4 The Customer acknowledges that WBL is only responsible for parts that are replaced by WBL and that in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify WBL against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising. 8.5 WBL shall not be liable for the loss of or damage to the Client and it shall be vehicle, its accessories or contents while garaged being serviced or being driven in connection with the Clientwork authorised unless caused by the negligence of WBL or WBL’s employees. 8.6 It is the Customer’s responsibility to ensure that the materials of the Construction Work are vehicle is insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness against all possible damage (including, but not limited to, pinto effectthe perils of accident, measles effect fire, theft and lappingburglary and all other usual risks) whilst stored on WBL’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk. 8.7 If WBL has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, etcall costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.) 8.8 If a vehicle or component is submitted for repair under a warranty or insurance claim, and the claim is declined or payment delayed, the Customer is liable for payment and agrees to pay for any such repair. 8.9 The Customer acknowledges that Goods supplied may exhibit variations of colour and shade. Maximo While every effort will be taken by WBL to match colour and shade of products, WBL shall not be liable for any loss, damages or costs howsoever arising resulting from any variation in colour or shading between sale samples or images on WBL’s website, and the final product supplied. 8.10 The Customer further acknowledges and accepts that although second hand Goods/panels supplied by WBL shall be serviceable and fit for the purpose, the condition of such Goods may vary. No guarantee is made by WBL as to the condition of the colour or texture between different batches of materials for Goods, and any cosmetic repairs shall be the Construction Work or mix designCustomer’s responsibility and at the Customer’s own cost. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage 8.11 Further to the Construction Work caused by other tradesmenabove clause, outside agents or heavy vehicles. Where the Client requests Maximo it is WBL’s recommendation that all fuel and oil tanks are cleaned thoroughly prior to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagefitting.

Risk. 10.1 9.1 If Maximo AFE retains ownership of the Construction Work then: (a) Materials under clause 14 then where Maximo AFE is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo AFE or XxxxxxAFE’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 9.2 Notwithstanding the provisions of clause 10.1 9.1 if the Client specifically requests Maximo AFE to leave materials of the Construction Work Materials outside MaximoAFE’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that If such materials of the Construction Work Materials are lost, stolendamaged, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 9.3 Where Maximo AFE has affected delivery, all risk passes to the Client as per clause 9.1 and the Client claims the Materials have been stolen it shall be the Client’s responsibility to notify the police and forward evidence to AFE, this shall not excuse the Client from fulfilling their financial obligations under this contract. 9.4 Where AFE gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the suitability scope of products for the repair Works (including but not limited to, a particular course of action, product selection or undertaking the condition of any Construction Workmaterials supplied by the Client being inferior), and such advice or recommendations are not acted upon upon, then Maximo AFE shall require the Client or their agent to authorise commencement of the Construction Work Works in writing. Maximo AFE shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction WorkWorks nor will such losses or damages be deemed adefect. 10.4 The Client acknowledges 9.5 AFE warrants that any colours the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and textures are manually matched to existing features will sustain the installation and availability of materials for the Construction Work is achieved to the best of Maximo’s ability Works incidental thereto and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo AFE shall not be liable for any lossclaims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation. 9.6 AFE shall not be held liable for any losses, damages or costs howsoever arising claims resulting from the Client installing the Materials incorrectly or improperly where AFE has supplied the Materials only. Should the Client subsequently request AFE to rectify any variation of such installation undertaken by the colour or texture between different batches of materials for the Construction Work or mix designClient, AFE shall be entitled to claim all associated costs involved in such remedial Works. 10.5 9.7 Whilst Maximo AFE will take all due care during installation AFE will not accept any responsibility for tiles or pavers damaged during installation. 9.8 AFE reserves the right to touch-up all products supplied and installed on the work site to rectify minor blemishes or damage to paintwork. 9.9 If during the Works AFE discovers any fossils, artefacts or any other remains of geological or archaeological interest is discovered AFE reserves the right to halt all Works, remove any of their equipment from the Worksite and immediately notify the Client. Unless subject to clause 28.9, the Client accepts and agrees that all additional costs that may be incurred by AFE as a result of any such delays (including but not limited to in the event AFE is unable to remove their equipment from the Worksite, etc.) shall be borne by the Client and shall be treated as a variation in accordance with clause 6.2. 9.10 Where AFE is requested to repair or replace damaged or destroyed fencing, AFE shall endeavour to match the existing finishesfence however, an exact match cannot the Client accepts that there may be guaranteed due to factors slight variations in colour or profile which is beyond MaximoAFE’s control. 10.6 The 9.11 Where the Client has supplied materials for AFE to complete the Works, the Client acknowledges that he accepts that where responsibility for the suitability of purpose, quality, and any remedial work has been performed as part of faults inherent in the Construction Work, some evidence of the work may be apparent and materials. AFE shall not be considered responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by Xxxxxx as a defectthe Client. If, in AFE’s judgement, the Client supplied Materials do not come up to the required industry standard, and AFE have to supply replacement Materials, those replacement costs will be passed on to the Client. 10.7 9.12 The Client shall indemnify Maximo from all responsibility for any acknowledges that Materials supplied may exhibit variations in shade, colour, aggregatetexture, markings, veining, and contain natural fissures, occlusions, and indentations, surface, and finish, and may fade or texture change colour over time. AFE will make every effort to match batches of product supplied and to match new Materials to existing items in order to minimise such variations of objects that are but shall not be liable in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companiesany way whatsoever where such variations occur. 10.8 Maximo 9.13 Where fencing is installed on a retaining wall AFE shall not be liable for any defect movement in the materials fence due to consolidation, or the movement of soil or any other component of the Construction Work if retaining wall. 9.14 AFE shall be entitled to rely on the accuracy of any surveyed boundary lines, plans, specifications and other information supplied by the Client. The Client acknowledges and agrees that in the event that any of this information is inaccurate, AFE accepts no responsibility for any loss, damages, or costs resulting from this inaccurate information. 9.15 AFE shall accept no responsibility for any works undertaken by any third-party contractor employed by the Client. If the Client does not follow Xxxxxx’s recommendationsbelieves that they have any claim in relation to the works undertaken by that third party, including (but not limited to): (a) suitable cleaning instructions of then said claim must be made direct to the Construction Work; and (b) time and frequency third-party contractor in the first instance. Payment for future repairsall other associated works shall be paid direct to that third-party contractor. 10.9 Maximo 9.16 If third-party damages work already undertaken by AFE, there is no liability to AFE and AFE will be allowed to charge a reasonable fee to fix the damage caused. 9.17 The Client acknowledges that, whilst AFE shall make endeavours to remove from the Worksite all rubbish, excavated material, vegetation, demolished or dismantled structures, AFE shall not be held responsible liable for any damage to small amounts of rubbish and the Construction Work caused by other tradesmenlike, outside agents or heavy vehicles. Where remaining at the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damageWorksite.

Risk. 10.1 9.1 If Maximo RKJ retains ownership of the Construction Work Goods under clause 12. then: (a) where Maximo RKJ is supplying materials for Construction Work Goods only, all risk for the Construction Work Goods shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Goods on or before delivery. Delivery of the materials of the Construction Work Goods shall be deemed to have taken place immediately at the time that either;: (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work Goods at Xxxxxx RKJ’s address; or (ii) the materials of the Construction Work Goods are delivered by Maximo RKJ or XxxxxxRKJ’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where RKJ is to both supply and install Goods then RKJ shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 9.2 Where RKJ is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and RKJ shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 9.3 Notwithstanding the provisions of clause 10.1 9.1 if the Client specifically requests Maximo RKJ to leave materials of the Construction Work Goods outside MaximoRKJ’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Goods are insured adequately or at all. In the event that such materials of the Construction Work Goods are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Goods shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations 9.4 The Client acknowledges that Goods (including but not limited to the Clientpaint, or the Client’s agenttimber, regarding the suitability of products for the repair or undertaking of any Construction Worktiles) supplied may exhibit variations in shade tone, colour, texture, markings, veining, surface and finish, and such advice may fade or recommendations are not acted upon then Maximo shall require the Client or their agent change colour over time. SCJ will make every effort to authorise commencement match batches/samples of the Construction Work Goods supplied in writing. Maximo order to minimise such variations, but shall not be liable in any way whatsoever where such variations occur. 9.5 Marble and Granite are porous products, and therefore, Goods are sealed for protection. However, oil and other acidic substances are prone to causing discolouration and staining if left on surfaces for some time. The Client agrees to indemnify RKJ against any damages or losses that occur damage occurring after any subsequent commencement of the Construction Workdelivery and installation. 10.4 9.6 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work Goods supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):may: (a) suitable cleaning instructions expand, contract or distort as a result of the Construction Workexposure to heat, cold, weather; and (b) time and frequency for future repairsxxxx or stain if exposed to certain substances; and (c) be damaged or disfigured by impact or scratching. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 7.1 If Maximo retains ownership required, EME Roofing shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Construction Work thenWorks, all risk for the Works shall immediately pass to the Client. 7.2 EME Roofing may, at its discretion notify the Client that it requires to store at the site Materials, fittings and appliances, or plant and tools required for the Works, in which event the Client shall supply EME Roofing a safe area for storage and shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the event that any such items are destroyed, stolen or damaged then the cost of repair or replacement shall be the Client’s responsibility. 7.3 The Client warrants that the structure of the premises upon which these Materials are to be installed or erected is sound and will sustain the installation and associated Works, and EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and associated Works. 7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are caused by incorrect or inaccurate information being supplied by the Client. 7.5 The Client acknowledges and agrees that no persons other than those authorised or employed by EME Roofing are to walk on the treated roof surface for a period of twenty-one (21) days after completion of the job and at no time are any persons permitted to be in the areas of the Works. EME Roofing shall not be liable for any loss, damages, injuries, or costs however arising / resulting from the Client’s failure to comply with this clause. 7.6 The Client acknowledges and accepts that: (a) where Maximo EME Roofing is supplying materials only responsible for Construction Work onlyparts that are replaced by EME Roofing and that in the event that other components/goods, all risk for subsequently fail, the Construction Work shall immediately pass Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and (b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client on delivery prior to the commencement of the materials and Works. If the Client must insure requests the materials replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the Construction Work on roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and (c) EME Roofing accepts no liability for any subsequent loss or before delivery. Delivery damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the materials of the Construction Work shall be deemed Works, where such loss or damage is due to have taken place immediately at the time that either;pre-existing faults or leaks; and (d) Materials supplied may (i) the Client exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or the Client’s nominated carrier takes possession change colour over time. EME Roofing will make every effort to match batches of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier product supplied in order to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then minimise such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As where such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workoccur; and (bii) time expand, contract or distort as a result of exposure to heat, cold and frequency for future repairsweather; and (iii) mark or stain if exposed to certain substances; and (iv) be damaged or disfigured by impact or scratching. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 8.1 If Maximo the Contractor retains ownership of the Construction Work Materials under clause 14 then: (a) where Maximo the Contractor is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo the Contractor or Xxxxxxthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain an appropriate insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 8.2 Notwithstanding the provisions of clause 10.1 8.1 if the Client specifically requests Maximo the Contractor to leave materials of Materials outside the Construction Work outside MaximoContractor’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 8.3 Where Maximo the Contractor has effected delivery all risk passes to the Client as per clause 8.1 and the Client claims the Materials have been stolen it shall be the Client’s responsibility to notify the police and forward evidence to the Contractor, this shall not excuse the Client from fulfilling their financial obligations under this contract. 8.4 The Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and Works incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation. 8.5 In the event that the Contractor discovers asbestos/hazardous materials whilst undertaking the Works, the Contractor shall immediately advise the Client of the same and shall be entitled to suspend the Works pending a risk assessment in relation to those materials. The Client shall be liable for all additional costs (howsoever arising) incurred by the Contractor as a result of the discovery of asbestos/hazardous materials and/or any suspension of the Works in relation thereto (including, but not limited to, where the Contractor agrees to remove any asbestos/hazardous materials on the Client’s behalf). 8.6 In the event asbestos or any other toxic substances are discovered at the worksite, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by the Contractor as a consequence of such discovery. Under no circumstances will the Contractor handle removal of asbestos product. 8.7 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the suitability scope of products for the repair Works (including but not limited to, a particular course of action, product selection or undertaking the condition of any Construction Workmaterials supplied by the Client being inferior), and such advice or recommendations are not acted upon upon, then Maximo the Contractor shall require the Client or their agent to authorise commencement of the Construction Work Works in writing. Maximo The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction WorkWorks nor will such losses or damages be deemed a defect. 10.4 8.8 Where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the materials, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client. 8.9 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any colours and textures are manually matched to of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.10 The Contractor shall not be liable for: (a) inferior existing features and availability of materials for paintwork where the Construction Work is achieved Contractor’s paint has bonded to the best existing paintwork and weakened the previous paint causing any kind of Maximoflake, crack or blemish; or (b) the quality of the Works if the Client does not follow the Contractor’s ability and is done with reasonable care and skill. As such variations recommendations as to the number of colour and texture are inherent and may have varying patchiness and unevenness coats of paint required to obtain the final finish if the Client chooses to accept a reduced Price based on fewer coats of paint; or (c) any loss or damage whatsoever to the Works (including, but not limited to, pinto effectpainted surfaces) that is caused by any other tradesmen during and after the completion of the Works; or (d) delays caused by any other third party suppliers that impacts on the provision of the Works by the Contractor; or (e) any defect or damage resulting from incorrect or faulty installation carried out by any other third party; and (f) furthermore, measles effect if the Client instructs the Contractor to rectify any damage caused by any other tradesman, this will become a variation to the original quotation and lappingwill be charged at the Contractor normal hourly rate. 8.11 The Client acknowledges and accepts that Materials (including but not limited to paint, timber, metal, etc.)) supplied may: (a) exhibit variations in shade tone, colour, texture, markings, veining, surface and finish, and contain natural fissures, occlusions, and indentations. Maximo The Contractor will make every effort to match batches/samples of the Materials supplied in order to minimise such variations, but shall not be liable for in any lossway whatsoever where such variations occur; (b) fade or change colour over time; (c) expand, damages contract or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx distort as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colourresult of exposure to heat, aggregatecold, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):weather; (ad) suitable cleaning instructions of the Construction Workmark or stain if exposed to certain substances; and (be) time and frequency for future repairsbe damaged or disfigured by impact or scratching. 10.9 Maximo shall not be held responsible 8.12 Timber is a hydroscopic material subject to expansion and contraction, therefore the Contractor will accept no responsibility for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagegaps that may appear during prolonged dry periods.

Risk. 10.1 If Maximo retains ownership 7.1 Risk of damage to, loss or deterioration of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Buyer on delivery of the materials Delivery and the Client Buyer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 7.2 If any of the materials Goods are damaged or destroyed following Delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Construction Work shall be deemed Seller’s rights to have taken place immediately at receive the time that either; (i) insurance proceeds without the Client or need for any person dealing with the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier Seller to the Client’s nominated delivery address (even if the Client is not present at the address)make further enquiries. 10.2 Notwithstanding 7.3 If the provisions of clause 10.1 if Buyer requests the Client specifically requests Maximo Seller to leave materials of Goods outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at the Buyer’s sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expenserisk. 10.3 Where Maximo gives advice or recommendations 7.4 The Buyer acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish. The Seller will make every effort to the Client, or the Client’s agent, regarding the suitability match batches of products for the repair or undertaking of any Construction Work, and product supplied in order to minimise such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses where such variations occur. 7.5 The Buyer warrants that occur after any subsequent commencement the structure of the Construction Work 10.4 The Client acknowledges that any colours premises or equipment in or upon which these Goods are to be installed or erected is sound and textures are manually matched to existing features will sustain the installation and availability of materials for work incidental thereto and the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo Seller shall not be liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever arising resulting from any variation of should the colour premises or texture between different batches of materials for equipment be unable to accommodate the Construction Work or mix designinstallation. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of 7.6 the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo Seller shall not be liable for any defect or damage resulting from incorrect or faulty installation. 7.7 The Buyer acknowledges that the Seller is only responsible for parts that are replaced/supplied by the Seller and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the materials source of the Construction Work if failure, the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of Buyer agrees to indemnify the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for Seller against any loss or damage to the Construction Work Goods, or caused by other tradesmenthereby, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagepart thereof howsoever arising.

Risk. 10.1 12.1 During the Hire Period the Container is at your risk. If Maximo retains ownership it is stolen lost or damaged beyond economic repair you must pay the cost of replacing it with an equivalent new Container and delivering it to the depot from which the Container was hired. You acknowledge the replacement cost of a Container at the time of signing this agreement is between approximately $3,000 and $4,000. 12.2 You are liable for any personal injury death or property loss or damage arising in any way from the use of the Construction Work then:Container during the Hire Period. You indemnify us against any claims for actions resulting from injury death loss or damage even if we were negligent or in breach of this agreement. 12.3 You must insure the Container against theft loss or damage during the Hire Period for its replacement value. We will advise you of that value on request. You must also effect public risk insurance relating to the use of the Container for not less than $10,000,000 for any occurrence. 12.4 These insurances must (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on delivery of the materials be in your and the Client must insure the materials of the Construction Work on or before delivery. Delivery of the materials of the Construction Work shall be deemed to have taken place immediately at the time that eitherour joint names; (ib) provide for all notices to be given to us as well as you; (c) provide for a waiver of subrogation rights against us; and (d) include a cross liabilities clause insuring us against liability to you. 12.5 You must provide evidence of these insurances if we request it. 12.6 You must pay the Client excess on any claim even if we are negligent or in breach of this contract. 12.7 We are not liable for any loss or damage which in any way relates to a failure of the Client’s nominated carrier takes Container to operate or perform as expected, or to delay in delivery or failure to redeliver after maintenance or repairs, including any such loss or damage resulting from our negligence. 12.8 You agree to indemnify us in respect of all claims or costs which may be made against us by any third party arising out of any action taken by us as a result of endeavouring to retake possession of the materials of the Construction Work at Xxxxxx ’s addressContainer where (a) we have issues with access; (b) or you have defaulted and our interests are jeopardised; or (iic) Council or the materials landlord of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier land upon which the Container is located requires the Container to be removed from the Client’s nominated delivery address (even if the Client is not present at the address)property. 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 3.1 It is The Hirers legal responsibility to comply with and ensure that current Health & Safety regulations are in place and any place of performance is fit for the use intended. A safe electrical supply must be provided. 3.2 The Hirer assumes full responsibility for The Equipment from the time of delivery, the duration of The Contract and such time until The Equipment has been collected. The Hirer assumes responsibility for providing suitable and adequate security arrangements for the safe keeping of the Construction Work then: equipment during the hire. The Hirer must take all necessary steps(at its own expense) to retain possession and control of the equipment and in the event of losing possession or control shall take all necessary steps to recover the equipment. The Hirer shall take all reasonable proper care of the Equipment and keep the same in good and serviceable condition (areasonable fair wear and tear excepted) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work and shall immediately pass indemnify Just Smile Ltd against loss of or damage to the Client on delivery Equipment howsoever caused and shall give Just Smile Ltd immediate notice of the materials and the Client must insure the materials of the Construction Work on any such damage. The Hirer shall not make or before delivery. Delivery of the materials of the Construction Work shall permit to be deemed to have taken place immediately at the time that either; (i) the Client made any alterations, modifications or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier additions to the Client’s nominated delivery address (even if Equipment and shall not carry out any repairs or authorise the Client is not present at carrying out of any repairs to the address)Equipment by a third party without Just Smile Ltd prior written consent. 10.2 Notwithstanding 3.3 It is a condition of hire that The Hirer has/takes out adequate insurance to cover the provisions of clause 10.1 if equipment hired and Just Smile Ltd reserves the Client specifically requests Maximo right to leave materials of see evidence that The Equipment is covered by a suitable policy, prior to checking out the Construction Work outside Maximo’s premises equipment. Just Smile Ltd reserves the right at its discretion to charge the Hirer for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event any equipment that such materials of the Construction Work are is lost, stolenstolen or damaged whether or not this is covered by the policy taken out by The Hirer. However, damaged or destroyed then replacement this does not reduce the liability of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever The Hirer for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 uninsured losses. The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be Hirer remains liable at all times for any loss, damages theft or costs howsoever arising resulting from damage to The Equipment by any variation persons other than representatives of the colour or texture between different batches of materials Just Smile Ltd. 3.4 The Hirer is responsible for the Construction Work conduct of all persons attending the event whether those persons are invited or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot. Just Smile Ltd does not be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where take any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregatecontrolling rowdy behaviour, or texture variations of objects that are in ejecting unwanted persons from the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time venue. Just Smile Ltd and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves its sub-contractors have the right to charge perform in a safe environment. We reserve the Client right to terminate the performance should any physical/verbal abuse, or intimidating actions be made to the team. Under these circumstances no refund will be given. 3.5 It is the responsibility of the Hirer to ensure that all the information passed to The Company is accurate. Where inaccuracies cause a delay or result in systems being unsuitable for The Event, The Company accepts no liability for any losses. 3.6 The Hirer agrees to indemnify and keep indemnified Just Smile Ltd, against all liabilities, actions, claims, damages, costs and demands suffered or incurred by Just Smile Ltd, as a result of a claim made by a third party arising out of the state, condition or use of the Equipment or in rectifying any way out of its hiring hereunder. 3.7 The hirer shall ensure that the Equipment is operated in a skilful and proper manner by persons competent to operate the same and in all respects in accordance with all instructions and any operations manual provided by Just Smile Ltd for the use of the Equipment and shall ensure that such damagedirections and instructions are fully understood and will be observed by all persons operating the Equipment.

Risk. 10.1 If Maximo 16.1 Irrespective of whether RHCS retains ownership of any Documentation all risk for such items shall pass to the Construction Work thenClient as soon as such items are delivered to the Client and shall remain with the Client until such time as RHCS may repossess the Documentation in accordance with clause 20.1. The Client must insure all Documentation on or before delivery. 16.2 RHCS reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Documentation as a result of the Client’s failure to insure in accordance with clause 16.1. 16.3 RHCS shall be entitled to rely on the accuracy of any plans, specifications, geological reports, sample test results and other information provided by the Client. In the event that any of this information provided by the Client and/or marking out of the proposed area by the Client is inaccurate, RHCS accepts no responsibility for any loss, damages, or costs however resulting from these inaccuracies where drilling/Site decisions need to be made by RHCS in the Client absence because the Client has failed to comply with this clause. 16.4 Without limiting any other term of this Agreement, the Client: (a) where Maximo is supplying materials for Construction Work onlywarrants that, all risk for the Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work on or before delivery. Delivery of the materials of the Construction Work shall be deemed to have taken place immediately at the time that either;of entering into this Agreement, it has notified RHCS in writing of all Site Conditions which affect, or might affect, the delivery or implementation of the Goods or Services under this Agreement; and (ib) agrees to indemnify RHCS in respect of any loss and damage or Claims arising as a result of any Site Condition which was not notified to RHCS in writing at the Client or the Client’s nominated carrier takes possession time of entering into this Agreement in breach of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the addresswarranty in clause 16.4(a). 10.2 Notwithstanding 16.5 If during the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials provision of the Construction Work outside Maximo’s premises for collection or Services, and as a result of extraordinary down hole issues, RHCS decides (based on industry experience) that the risk is too great to deliver continue the materials of the Construction Work to an unattended location then such materials of the Construction Work hole, RHCS shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to advise the Client, or the Client’s agent, regarding the suitability risk of products for the repair or undertaking of any Construction Workcontinuing. Where such advice is not acted on, and such advice or recommendations are not acted upon RHCS is requested to continue, then Maximo RHCS shall require the Client or their agent to authorise commencement the continuance of the Construction Work Services in writing. Maximo RHCS shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement continuance of the Construction Work 10.4 The Services, and the Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable reimburse RHCS for any lossPlant and Equipment lost or damaged, damages or costs howsoever arising resulting from any variation new cost price of the colour or texture between different batches of materials for the Construction Work or mix designreplacement Plant and Equipment will apply. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts 16.6 In the event that where any remedial work has been performed as part during the course of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for Services RHCS discovers any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding undisclosed waste and/or hazardous materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo RHCS reserves the right to charge halt all Services and immediately notify the Client. It shall be the responsibility of the Client to arrange the removal of all such materials. In the event that RHCS agrees to remove such materials for the Client then this shall be treated as a variation in accordance with clause 5.1 and shall be in addition to the Charges. RHCS under no circumstances shall undertake the removal of asbestos. 16.7 Drill cuttings shall not be removed from the Site. Any drilling fluids shall be spread over the ground except where environmental or other constraints forbid this. Where special requirements are advised by the Client after the Works have commenced to treat or dispose of such drilling fluid, then any associated treatment or disposal costs incurred shall be at the Client’s expense where a provision for these have not allowed for in rectifying such damagethe Proposal.

Risk. 10.1 If Maximo retains ownership of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work on or before delivery. Delivery of the materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by XxxxxxMaximo’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; andand‌ (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo retains ownership 7.1 Risk of damage to or loss of the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass Goods passes to the Client Customer on delivery of the materials Delivery and the Client Customer must insure the materials of the Construction Work Goods on or before delivery. Delivery Delivery. 7.2 If any of the materials of the Construction Work shall be deemed Goods are damaged or destroyed following delivery but prior to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work are delivered by Maximo or Xxxxxx’s nominated carrier ownership passing to the Client’s nominated delivery address (even if Customer, B&B Timbers is entitled to receive all insurance proceeds payable for the Client Goods. The production of these terms and conditions by B&B Timbers is not present at sufficient evidence of B&B Timbers’ rights to receive the address)insurance proceeds without the need for any person dealing with B&B Timbers to make further enquiries. 10.2 Notwithstanding 7.3 If the provisions of clause 10.1 if the Client specifically Customer requests Maximo B&B Timbers to leave materials of the Construction Work Goods outside Maximo’s B&B Timbers’ premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work Goods shall always be left at the Customer’s sole risk risk. 7.4 The Customer acknowledges that Goods supplied may: (a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time; and (b) expand, contract or distort as a result of exposure to heat, cold, weather; and (c) xxxx or stain if exposed to certain substances; and (d) be damaged or disfigured by impact or scratching. 7.5 Where B & B Timbers gives any advice, recommendation, information, assistance or service provided by B & B Timbers in relation to Materials or Works supplied is given in good faith to the Client Customer or the Customer’s agent and it is based on B & B Timbers’ own knowledge and experience and shall be accepted without liability on the Client’s responsibility to ensure the materials part of the Construction Work are insured adequately or at allB & B Timbers. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo B & B Timbers shall require the Client Customer or their agent to authorise commencement of the Construction Work Works in writing. Maximo B & B Timbers shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction WorkWorks. 10.4 The Client acknowledges that any colours 7.6 In the event the Customer supplies information relating to measurements and textures are manually matched quantities of Goods required in completing the Services, it shall be the Customer’s responsibility to existing features verify the accuracy of the measurements and availability of materials for quantities, before the Construction Work is achieved to the best of Maximo’s ability Customer or B&B Timbers places an order based on these measurements and is done with reasonable care and skillquantities. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable B&B Timbers accepts no responsibility for any loss, damages damages, or costs howsoever arising however resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix designCustomer’s failure to comply with this clause. 10.5 Whilst Maximo shall endeavour 7.7 Timber is a hydroscopic material subject to match existing finishesexpansion and contraction; therefore B&B Timbers will accept no responsibility for any gaps or natural fissures that may appear in the Goods after prolonged dry periods, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and in such instances this shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 7.1 If Maximo the Seller retains ownership of the Construction Work Goods under clause 10 then: (a) where Maximo the Seller is supplying materials for Construction Work Goods only, all risk for the Construction Work Goods shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Goods on or before delivery. Delivery of the materials of the Construction Work Goods shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of Goods at the Construction Work at Xxxxxx Seller’s address; or (ii) the materials of the Construction Work Goods are delivered by Maximo the Seller or Xxxxxxthe Seller’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 7.2 Notwithstanding the provisions of clause 10.1 7.1 if the Client specifically requests Maximo the Seller to leave materials of Goods outside the Construction Work outside MaximoSeller’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Goods are insured adequately or at all. In the event that such materials of the Construction Work Goods are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Goods shall be at the Client’s expense. 10.3 7.3 The Client warrants that the existing surface upon which Goods are to be applied, is sound and of suitable condition, and will sustain the application thereof, and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising caused by the failure or poor integrity of the surface upon which the Goods are applied. Any additional work required to repair surfaces to ensure the performance of the Goods shall be charged in addition to the Price. 7.4 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 7.5 Where Maximo the Seller gives advice or recommendations to the Client, or the Client’s agent, with specific instructions regarding the suitability of products for the repair or undertaking of any Construction Work, Services and such advice or recommendations are not acted upon then Maximo shall require upon, or where the Client or their agent Client’s instructions to authorise commencement the Seller compromises the purpose of the Construction Work in writing. Maximo Services, then the Seller shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction WorkServices. 10.4 7.6 The Client acknowledges and accepts that: (a) the Seller is only responsible for parts that are replaced by the Seller and that in the event that other parts/goods, subsequently fail, the Client agrees to indemnify the Seller against any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved loss or damage to the best of Maximo’s ability and is done with reasonable care and skill. As goods, or caused by the goods, or any part thereof howsoever arising; and (b) whilst the Seller will make every effort to match sales samples to the finished Goods the Seller accepts no liability whatsoever where such samples differ to the finished Goods supplied; and (c) variations of colour and texture are may be inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.)in the Goods. Maximo The Seller shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between surfaces, the different areas treated and/or batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Worksupplied; and (bd) time Goods supplied may expand, contract, xxxx or stain if exposed to certain substances and frequency for future repairs.may be damaged or disfigured by impact or scratching; and 10.9 Maximo (e) whilst every care shall not be held responsible for taken by the Seller, any damage to the Construction Work caused surrounding area or breakage to the Client’s existing glass, damage to existing paintwork during the Services by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves Seller shall be at the right to charge the Client for any costs incurred in rectifying such damageClient’s own risk.

Risk. 10.1 8.1 If Maximo the Contractor retains ownership of the Construction Work Materials under clause 12 then: (a) where Maximo the Contractor is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo the Contractor or Xxxxxxthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 8.2 Notwithstanding the provisions of clause 10.1 8.1 if the Client specifically requests Maximo the Contractor to leave materials of Materials outside the Construction Work outside MaximoContractor’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 Where Maximo gives advice 8.3 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or recommendations costs however resulting from these inaccurate plans, specifications or other information. 8.4 The Client acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where the Contractor is requested to merely clear such blockages, the Contractor can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, the Contractor will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work. 8.5 In the event that the Client requests the Contractor to use drain/pipe unblocking equipment, and the Contractor does not recommend the use of such equipment due to the Clientrisk of the equipment becoming lodged or stuck, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall Contractor may require the Client or their agent to authorise commencement of the Construction Work Works in writing. Maximo If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall not be liable in any way whatsoever responsible for any damages or losses that occur after any subsequent commencement the cost of the Construction Workrepair, replacement and/or retrieval of said equipment. 10.4 8.6 The Client acknowledges and agrees that where the Contractor has performed temporary repairs that: (a) the Contractor offers no guarantee against the reoccurrence of the initial fault, or any colours further damage caused; and (b) the Contractor will immediately advise the Client of the fault and textures shall provide the Client with an estimate for the full repair required. 8.7 The Client acknowledges that: (a) the Contractor is only responsible for components that are manually matched replaced by the Contractor and does not at any stage accept any liability in respect of previous materials and/or works supplied by any other third party that subsequently fail and found to existing features and availability be the source of the failure; (b) where the Client has supplied materials for the Construction Work is achieved Contractor to complete the best Works, the Client acknowledges that they accept responsibility for the suitability of Maximo’s ability purpose, quality and is done with reasonable care and skill. As such variations of colour and texture are any faults inherent and may have varying patchiness and unevenness in those materials; and (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo c) the Contractor shall not be liable for any loss, damages loss or costs damage to the Works (or any part thereof) howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): sub-clauses (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo Chillwell Limited retains ownership of the Construction Work Materials under clause 14.2 then: (a) where Maximo Chillwell Limited is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either;: (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work Materials at Xxxxxx Chillwell Limited’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo Chillwell Limited or XxxxxxChillwell Limited’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). (b) where Chillwell Limited is to both supply and install Materials then Chillwell Limited shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo Chillwell Limited to leave materials of the Construction Work Materials outside MaximoChillwell Limited’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges and agrees that where Chillwell Limited has performed temporary repairs on the equipment that: (a) Chillwell Limited offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and (b) Chillwell Limited will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair of the damaged equipment. 10.4 Any advice, recommendation, information, assistance or service provided by Chillwell Limited in relation to the Works and/or Materials supplied is given in good faith, is based on Chillwell Limited‘s own knowledge and experience and shall be accepted without liability on the part of Chillwell Limited, and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Works and/or Materials. 10.5 The Client warrants that any colours structures to which the Materials are to be affixed are able to withstand the installation of the Materials and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness that any electrical connections (including, but not limited to, pinto effectmeter boxes, measles effect main switches, circuit breakers, and lappingelectrical cable) are of suitable capacity to handle the Materials once installed. If, etcfor any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to crawl spaces and/or roofing), Chillwell Limited reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Chillwell Limited shall be entitled to delay installation of the Materials (in accordance with clause 9.2) until Chillwell Limited is satisfied that it is safe for the installation to proceed. 10.6 In the event asbestos or any other toxic substances are discovered at the property, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Chillwell Limited against any costs incurred by Chillwell Limited as a consequence of such discovery. Under no circumstances will Chillwell Limited handle removal of asbestos product. 10.7 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the Australian and New Zealand Wiring standards. 10.8 Where the Client has supplied materials for Chillwell Limited to complete the Works, the Client acknowledges that they accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. Chillwell Limited shall not be responsible for any defects in the Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client. 10.9 The Client acknowledges that: (a) Chillwell Limited is only responsible for parts that are replaced by Chillwell Limited, and in the event that other parts/goods, subsequently fail, the Client agrees to indemnify Chillwell Limited against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; (b) all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in Chillwell Limited’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information; and (c) they shall (i) not be entitled to withhold any payment due under this contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party; (ii) be responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable Chillwell Limited to carry out the Works; and (iii) provide and have erected scaffolding to enable the Works to be undertaken (where in Chillwell Limited’s opinion it is deemed necessary). Maximo Any scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be suitably qualifie d to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully lice nsed; and (iv) remove any furniture or personal/valuable items from the vicinity of the Works, and agrees that Chillwell Limited shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of damage caused to those items through the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour Client’s failure to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workcomply with this clause; and (bv) time provide Chillwell Limited while at the worksite with adequate access to electricity, temporary lighting, toilet, eating and frequency for future repairsfirst aid facilities if so required; (vi) be wholly responsible for: (A) the removal of rubbish from or clean-up of the worksite; and (B) any animals and/or children present on the worksite. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 7.1 If Maximo Weldone retains ownership of the Construction Work Goods under clause 13 then: (a) where Maximo Weldone is supplying materials for Construction Work Goods only, all risk for the Construction Work Goods shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Goods on or before delivery. Delivery of the materials of the Construction Work Goods shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work Goods at Xxxxxx Weldone’s address; or (ii) the materials of the Construction Work Goods are delivered by Maximo Weldone or XxxxxxWeldone’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where Weldone is to both supply and install Goods then Weldone shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 7.2 Notwithstanding the provisions of clause 10.1 7.1 if the Client specifically requests Maximo Weldone to leave materials of the Construction Work Goods outside MaximoWeldone’s premises for collection or to deliver the materials of the Construction Work Goods to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Goods are insured adequately or at all. In the event that such materials of the Construction Work Goods are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Goods shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations 7.3 Weldone shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Weldone accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 7.4 Where the Client is to supply Weldone with any design specifications (including, but not limited to CAD drawings) the Client shall be responsible for providing accurate data. Weldone shall not be liable whatsoever for any errors in the Goods that are caused by incorrect or inaccurate data being supplied by the Client. 7.5 The Client warrants that any structures to which the Goods are to be affixed are able to withstand the installation of the Goods and are of suitable capacity to handle the Goods once installed. If for any reason (including the discovery of asbestos, or dangerous access to installation sites) that Weldone, or employees of Weldone, reasonably form the opinion that the Client’s agent, regarding the suitability of products premises is not safe for the repair or undertaking installation of Goods to proceed then Weldone shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 6.2 above) until Weldone is satisfied that it is safe for the installation to proceed. 7.6 The Client acknowledges that where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any Construction Workinstallation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods. 7.7 The Client acknowledges that Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. Weldone will make every effort to match batches of product supplied in order to minimise such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo variations but shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Workwhere such variations occur. 10.4 7.8 The Client acknowledges that any colours Goods supplied may: (a) exhibit variations in shade tone, colour, texture, surface and textures are manually matched finish, and may fade or change colour over time. Weldone will make every effort to existing features and availability match batches of materials for the Construction Work is achieved product supplied in order to the best of Maximo’s ability and is done with reasonable care and skill. As minimise such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for in any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that way whatsoever where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture such variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Workoccur; and (b) time and frequency for future repairsfade or change colour over time; and (c) expand, contract or distort as a result of exposure to heat, cold, weather; and (d) xxxx or stain if exposed to certain substances; and (e) be damaged or disfigured by impact or scratching. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 If Maximo 9.1 Scafit retains ownership of property in the Construction Work then: (a) where Maximo is supplying materials for Construction Work only, Scaffolding nonetheless; all risk for the Construction Work shall immediately pass Scaffolding passes to the Client on delivery Delivery. 9.2 The Client accepts full responsibility for the safekeeping of the materials Scaffolding and indemnifies Scafit for all loss theft or damage to the Scaffolding howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client. 9.3 The Client will insure, or self-insure, Scafit’s interest in the Scaffolding against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Scaffolding. Further the Client must insure will not use the materials Scaffolding nor permit it to be used in such a manner as would permit an insurer to decline any claim. 9.4 The Client accepts full responsibility for and shall keep Scafit indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the Construction Work on or before delivery. Delivery use of the materials Scaffolding during the hire period and whether or not arising from any negligence, failure or omission of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or any other persons. 9.5 Scafit shall be entitled to rely on the Client’s nominated carrier takes possession accuracy of any plans, specifications and other information provided by the materials Client for the purposes of estimating quantities and type of Scaffolding required. The Client acknowledges and agrees that in the Construction Work at Xxxxxx ’s address; or (ii) the materials event that any of the Construction Work are delivered this information provided by Maximo or Xxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address)inaccurate, Scafit accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to leave materials of the Construction Work outside Maximo’s premises for collection or to deliver the materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. 9.6 In the event of damage to a building as a result of any action by Scafit’s employees or contractors, Scafit must be informed in order that Scafit may inspect such materials of the Construction Work are lost, stolen, damaged damage before any agreement to rectification costs can be accepted. 9.7 Any Scaffolding that is erected or destroyed then replacement of the materials of the Construction Work dismantled by Scafit’s trained and licensed employees or contractors shall be at as per the Client’s expense. 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability manufacturers and New Zealand Codes of products for the repair or undertaking of any Construction Work, Practice requirements. The Client acknowledges and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo accepts that Scafit shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement claim made in connection with the erection and dismantling of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etcScaffolding by non-Scafit employees or contractors.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the Construction Work caused by other tradesmen, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damage.

Risk. 10.1 9.1 If Maximo Xxxxxx ElectriCool Pty Ltd retains ownership of the Construction Work Materials under clause 14 then: (a) where Maximo Xxxxxx ElectriCool Pty Ltd is supplying materials for Construction Work Materials only, all risk for the Construction Work Materials shall immediately pass to the Client on delivery of the materials and the Client must insure the materials of the Construction Work Materials on or before delivery. Delivery of the materials of the Construction Work Materials shall be deemed to have taken place immediately at the time that either;: (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work Materials at Xxxxxx ElectriCool Pty Ltd’s address; or (ii) the materials of the Construction Work Materials are delivered by Maximo Xxxxxx ElectriCool Pty Ltd or XxxxxxXxxxxx ElectriCool Pty Ltd’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 10.2 (b) where Xxxxxx ElectriCool Pty Ltd is to both supply and install Materials then Xxxxxx ElectriCool Pty Ltd shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 9.2 Notwithstanding the provisions of clause 10.1 9.1 if the Client specifically requests Maximo Xxxxxx ElectriCool Pty Ltd to leave materials of the Construction Work Materials outside MaximoXxxxxx ElectriCool Pty Ltd’s premises for collection or to deliver the materials of the Construction Work Materials to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the materials of the Construction Work Materials are insured adequately or at all. In the event that such materials of the Construction Work Materials are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work Materials shall be at the Client’s expense. 10.3 Where Maximo gives advice or recommendations 9.3 The Client warrants that any structures to which the Client, or Materials are to be affixed are able to withstand the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement installation of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges Materials and that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness electrical connections (including, but not limited to, pinto effectmeter boxes, measles effect main switches, circuit breakers, and lappingelectrical cable ) are of suitable capacity to handle the Materials once installed. If, for any reason (including but not limited to, the structure not being watertight, the discovery of asbestos, defective or unsafe wiring, or dangerous access etc.)) Xxxxxx ElectriCool Pty Ltd reasonably forms the opinion that the Client’s property is not safe for the installation of Materials to proceed then Xxxxxx ElectriCool Pty Ltd shall be entitled to delay installation of the Materials (in accordance with clause 7.2) until Xxxxxx ElectriCool Pty Ltd is satisfied that it is safe for the installation to proceed. Maximo Xxxxxx ElectriCool Pty Ltd may in agreement with the Client bring the property up to a standard suitable for installation to proceed but all such Works undertaken and any additional Materials supplied shall be treated as a variation and be charged for in addition to the Price. 9.4 In the event asbestos or any other toxic substances are discovered at the property, it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Xxxxxx ElectriCool Pty Ltd against any costs incurred by Xxxxxx ElectriCool Pty Ltd as a consequence of such discovery. Under no circumstances will Xxxxxx ElectriCool Pty Ltd handle removal of asbestos product. 9.5 Xxxxxx ElectriCool Pty Ltd shall upon installation ensure that all Materials are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the Materials to be installed in any way which goes against Xxxxxx ElectriCool Pty Ltd’s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to Xxxxxx ElectriCool Pty Ltd. Accordingly, Xxxxxx ElectriCool Pty Ltd offers no warranty in regards to the aforementioned. 9.6 Xxxxxx ElectriCool Pty Ltd accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxxxx ElectriCool Pty Ltd’s and/or the manufacturers’ recommendations. 9.7 The Client acknowledges that: (a) Xxxxxx ElectriCool Pty Ltd is only responsible for components that are replaced by Xxxxxx ElectriCool Pty Ltd and does not at any stage accept any liability in respect of previous goods and/or services supplied by any other third party that subsequently fail and found to be the source of the failure;‌ (b) where the Client has supplied goods for Xxxxxx ElectriCool Pty Ltd to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those goods; and (c) Xxxxxx ElectriCool Pty Ltd shall not be liable for any loss, damages loss or costs damage to the Works (or any part thereof) howsoever arising resulting where sub- clauses (a) and (b) applies. 9.8 The Client acknowledges that all descriptive specifications, claimed efficiency/economy rates, illustrations, drawings, data dimensions, and weights stated in Xxxxxx ElectriCool Pty Ltd’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information. 9.9 Where Xxxxxx ElectriCool Pty Ltd requires that Materials, tools etc. required for the Works be stored at the site, the Client shall supply Xxxxxx ElectriCool Pty Ltd a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any variation of the colour stored items are destroyed, stolen or texture between different batches damaged, then the cost of materials for repair or replacement shall be the Construction Work or mix designClient’s responsibility. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 9.10 The Client accepts warrants that where no other tradesmen interfere with any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Works and/or Materials supplied under this Contract. Xxxxxx as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies. 10.8 Maximo ElectriCool Pty Ltd shall not be liable for any defect in costs, damages or loss however arising from the materials of the Construction Work if Client’s failure to comply with this clause. 9.11 Further to clause 9.10 above, the Client does accepts that any damage to the Works/Materials caused by rodent, insect, reptile or any other animal will not follow Xxxxxx’s recommendations, including (but not limited to):be covered by any warranty. 9.12 Xxxxxx ElectriCool Pty Ltd accepts no responsibility for: (a) suitable cleaning instructions any damage or defects in any Materials caused by movement and/or interference of the Construction Worksaid Materials; (b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out. 9.13 The Client acknowledges that they shall: (a) not be entitled to withhold any payment due under this Contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party; and (b) time and frequency for future repairsbe responsible for: (i) any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable Xxxxxx ElectriCool Pty Ltd to carry out the Works; and (ii) any animals and/or children on the worksite; and (iii) the removal of rubbish from or clean-up of the worksite. 10.9 Maximo (c) ensure that all Materials, plant or equipment which Xxxxxx ElectriCool Pty Ltd is to supply (or are to connect any of its Materials to) are of the correct type, size, rating, standard, quality, colour and finish, conform with all relevant Australian standards and local statutory requirements, and are as specified in the specifications, drawings and plans upon which Xxxxxx ElectriCool Pty Ltd based the quotation on and therefore, the Client agrees to indemnify Xxxxxx ElectriCool Pty Ltd against any costs incurred by Xxxxxx ElectriCool Pty Ltd in rectifying such errors if required; and (d) provide and have erected scaffolding to enable the Works to be undertaken (where in Xxxxxx ElectriCool Pty Ltd’s opinion it is deemed necessary). Any scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be suita xxx qualified to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and (e) remove any furniture or personal items from the vicinity of the Works, and agrees that Xxxxxx ElectriCool Pty Ltd shall not be held responsible liable for any damage caused to those items through the Construction Work caused by other tradesmenClients failure to comply with this clause; and (f) supply electricity, outside agents or heavy vehicles. Where the Client requests Maximo to repair such damage then Maximo reserves the right to charge the Client for any costs incurred in rectifying such damagetemporary lighting, toilet, eating and first aid facilities if so required.