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Term of Use
Limitation of liability
- Subject to the extent permitted by the Trade Practices Act and relevant state legislation, the sole obligation of the seller of this product is to provide the product and in no event shall the seller be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the product, and any indirect, special or consequential damages or injury to any person corporation or other entity.
Indemnity
- The buyer indemnifies the seller on an actual indemnity basis absolutely against any losses whatsoever arising out of or in respect to the supply of the product by the seller to the buyer and the seller is not liable for any loss arising in the course of its conduct as supplier of products to its customers including without limiting the generality of the foregoing in respect of:
- Any breach of any conditions or warranty given by the seller expressly or by operation of any statute in respect of any products;
- The seller being deemed ‘manufacturer’ of the product by operation of the Trade Practices Act (1974);
- Any claim arising by reason of the use of the product including all claims for actual or alleged infringement of any letters patent, trade marks, copyright, design, confidential information or similar protection whether granted by the Commonwealth of Australia or any foreign state or the common law.
No waiver
- The failure of the seller to enforce these provisions or to exercise any rights expressed is not be a waiver of such provisions or rights and does not affect the enforcement of this agreement.
- No waiver under cl 3 operates as an estoppel against the seller.
- The exercise by the seller of any of its rights does not preclude or prejudice it from exercising the same or any other rights it may have irrespective of any previous actions taken by it.
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