Upon acceptance of this quotation, you consent to adhere to the terms and conditions set forth herein:
Except as otherwise expressly agreed upon in writing by us, these terms and conditions shall govern the provision of services (the “Services”) and the supply of goods (the “Goods”) provided to you or for your benefit.
We do not operate as a common carrier and hereby disclaim all liabilities customarily associated with common carriers.
We reserve the right, at our sole discretion, to subcontract any portion of the Services to be provided to you.
You shall bear all risks and liabilities associated with the Services and the use of the Goods, irrespective of whether they are used individually or in combination with other services or goods we have supplied or with any other property. You are responsible for securing adequate insurance for all properties subject to our Services or under our control at any given time.
To the fullest extent permitted by applicable law, these terms and conditions expressly exclude all implied warranties and conditions, including those set forth in the Competition and Consumer Act 2010 (Cth), save for any warranty or condition the exclusion of which would contravene applicable laws or render this provision void (a “Non-excludable Condition”).
Our liability for breach of a Non-excludable Condition shall be limited, at our option, to (a) the re-supply of the Services or Goods, (b) the payment of the cost of having the Services or Goods supplied again or (c) the repair of the Goods.
Each party acknowledges that to the maximum extent permitted by law:
(a) It shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to lost profits, damage to goodwill or any damages resulting from personal injury or damage to property;
(b) Its liability for any claim, loss, or damage arising from or in connection with the Services or Goods, whether from negligence, breach of contract or otherwise, shall be limited to the lesser of the invoice value of the Services or Goods in question and $100;
(c) It agrees to release the other party from any claim for such loss or damage, provided that any amounts due under the limitation as mentioned above are paid.
Neither party shall be required to perform any obligation (other than obligations to pay money) under these terms and conditions to the extent that circumstances beyond its reasonable control prevent the performance.
You represent and warrant to us that you own (or have the right to direct us regarding) any property provided to us for the purpose of delivering the Services and that you have the rights to occupy any premises where we are required to deliver the Services or Goods. You agree to indemnify and hold us harmless from any damages arising from a breach of these terms and conditions.
This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions.
