By accepting this quote you agree to the terms outlined below:
Unless agreed by us in writing the following terms and conditions apply to every supply of services by us (Services) or goods we provide (Goods) to you or for your account.
We are not a common carrier and accepts no liability as such.
We may at our sole discretion subcontract the performance of any Services.
You assume all risks and liability in respect of the Services or any use of the Goods, whether used along or in conjunction with other Services or Goods we have provided or other property. You will effect adequate insurance for all property subject to our Services or under our control from time to time.
To the maximum extent permitted by law, these terms and conditions exclude all implied conditions and warranties (including the Competition and Consumer Act 2010 (Cth) except any condition or warranty, the exclusion of which would contravene any laws or cause this provision to be void (non- excludable condition).
Our liability for a breach of a non-excludable condition is limited at our option to the re-supply of replacement or equivalent Services or Goods, payment of the costs of having the Services or Goods replaced or the repair of the Goods.
Each party to this agreement (party) agrees that:
(a) no party will be liable for:
(i) any special, incidental, indirect, punitive or consequential damages (including lost profits, injury to goodwill, and damages for injuries to persons or to property);
(ii) damage to persons or property resulting from the Services or the use of the Goods, including in any operating processes, or in combination with other substances, or otherwise; and
(iii) any technical or safety advice provided or procured concerning the Services or the use of the Goods (and that all such advice is given without charge or warranty and accepted at your risk);
(b) it limits its liability to the other party for any loss, claim, demand or cause of action arising (whether directly or indirectly) from its own negligence or breach of contract or warranty (except for the amount owing by you to us on account of any amount expressly agreed in respect of the provision of the Services or delivery of the Goods) (Loss), to the lesser of the invoice value of the Services or the Goods in respect of which the claim is made and $100; and
(c) it forever discharges the other party in respect of any Loss subject to the payment of any amount payable under paragraph (b).
No party will be:
(a) obliged to carry out any obligations (other than payment of money) due to any circumstance beyond its reasonable control; or
(d) liable to the extent that the other party (or their agents, employees or subcontractors) has caused or contributed to any Loss.
You represent and warrant to us (and we acknowledge relying on this) that you own (or have the right to instruct us regarding) any property provided to us for the delivery of Services and have rights to occupy any premises on which we are required to be present (and authorise us to be present on them) to deliver the Services or Goods and you indemnify (and will continue to indemnify) and hold us harmless for any damage arising from breach of these terms and conditions.
This agreement is governed by and construed in accordance with the laws of Victoria, Australia.