Skip to content

Latest commit

 

History

History
62 lines (40 loc) · 2.61 KB

au-limitation-0.md

File metadata and controls

62 lines (40 loc) · 2.61 KB
Raw

Limitation of Liability

Recipient deals with the Limiting Party in respect of the Subject at its own risk. To the fullest extent permitted by law, Limiting Party excludes all liability (including Consequential Loss) to Recipient for any liabilities connected directly or indirectly with the Recipient and Limiting Party dealings in relation to the Subject, including liabilities based on:

  • contract law;
  • tort law; or
  • legislation,

and including liabilities caused by the Risks.

Where there is an Exception, this limitation of liability does not apply to the subject of the Exception.

Implied Conditions

To the fullest extent permitted by the law, all terms and conditions implied by any other source of law in relation to dealings between the Limiting Party and the Recipient in respect of the Subject are excluded from the Agreement.

Compulsory Conditions

To the fullest extent permitted by the law, Limiting Party's liability to the Recipient for breaching a Compulsory Condition in relation to the Subject is limited to:

  • in a case where a breach is deemed to be a breach in respect of goods:

    • the replacement of the relevant goods or the supply of equivalent goods;
    • the repair of the relevant goods;
    • the payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
    • the payment of the cost of having the relevant goods repaired; and

  • in a case where a breach is deemed to be a breach in respect of services:

    • the resupply of the relevant services; or
    • payment of a sum equal to the cost of resupplying the relevant services.

The Limiting Party will choose which of these options will apply.

Definitions

Defined terms in this document will have the meanings described below.

Agreement

means the terms and conditions constituting the agreement that incorporates this document.

Compulsory Condition

means any term or condition that by law cannot be limited or excluded.

Consequential Loss

means any kind of consequential or indirect loss like loss of profits, pure economic loss or loss of opportunity.

Exception

means the exception to the limitation of liability in this document that the Provision may or may not describe.

Limiting Party

means the party relying on the limitation of liability in the Provision.

Provision

means the provision in the Agreement that incorporates this document into the Agreement.

Recipient

means the party that is limited by the Limiting Party under the Provision.

Risks

means the risks that may cause liability described in the Provision.

Subject

means the subject(s) of the limitation of liability in the Provision.