Common use of Exclusion and Limitation of Liability Clause in Contracts

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures to preserve the Customer’s data to which Solista may have access in the course of provision of the Services, Solista cannot accept any responsibility in the event that any data is corrupted or erased for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista and its employees harmless from any loss or damage howsoever arising as a result of any claim by the Customer or any third party as a result thereof. 15.2. The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent the aggregate of all liability for all claims under or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term of this Agreement 15.6. Solista will not be liable in relation to any proceeding or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. 15.1 While Solista iiter will take all reasonable measures to preserve the Customer’s data to which Solista iiter may have access in the course of provision of the Services, Solista iiter cannot accept any responsibility in the event that any data is corrupted or erased for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista iiter and its employees harmless from any loss or damage howsoever arising as a result of any claim by the Customer or any third party as a result thereofresultthereof. 15.2. 15.2 The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista iiter or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista iiter does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. 15.3 In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solistaiiter’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: (a) In in relation to goods goods: (Hardware): i. i) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (ii. ) the repair of the goods or payment of the cost of having the goods repaired; (b) In relation to services: i. (i) the supplying of the services again; or (ii. ) the payment of the cost of having the services supplied again as in each case Solista iiter may select. 15.4. 15.4 Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. 15.5 Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista iiter be liable to the Customer: (a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; (b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; (c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; (d) in respect of any liability of the Customer to any third party; or (e) in respect of any loss, damage or injury to the extent the aggregate of all liability for all claims under or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista ▇▇▇▇▇ to perform any obligation or observe any term of this Agreement. 15.6. Solista 15.6 iiter will not be liable in relation to any proceeding or claim which: (a) was caused by any act or omission of the Customer or its employees or agents; or (b) relates to actions of Solista iiter which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures to preserve the Customer9.1 The Customer acknowledges that The Company’s data to which Solista may have access obligations and liabilities in the course of provision respect of the Services, Solista cannot accept any responsibility Maintenance Service are exhaustively defined in the event that any data is corrupted or erased for any reasonthis Agreement. The Customer accepts agrees that it must maintain backup data the express obligations and warranties made by The Company and this Agreement are in order to avoid any loss or damage arising from such corruption or erasurelieu of, and will indemnify and save Solista and its employees harmless from to the exclusion of, any loss warranty condition term undertaking or damage howsoever arising as a result representation of any claim by kind, express or implied statutory otherwise relating to anything supplied or services provided under or in connection with this Agreement including (without limitation) as to the Customer condition quality performance merchantability satisfactory quality or fitness for purpose of the Maintenance Service or any third party as a result thereofpart of it. 15.2. 9.2 The Customer acknowledges by entry into this Agreement that no promiseis responsible for the consequences of the use of the Maintenance Service and it has satisfied itself of the suitably of such Maintenance Service for its own purposes. 9.3 The Company shall not be liable for any indirect or consequential loss, representationdamage, warranty costs or undertaking expense of any kind whatever and however caused whether arising out of contract or tort (including negligence) or otherwise including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings even if The Company has been advised of their possibility. 9.4 The Company shall not be liable to The Customer :- 9.4.1 For non delivery unless a written claim is received by The Company within 14 days of the termination of the period for which The Customer has made payment; 9.4.2 For damage to or given by Solista loss of the Equipment or Software or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any part of them is applicable in transit (where the Equipment and Software are carried by The Company’s own transport or is conferred by a carrier on the behalf of The Company) unless The Customer where to do so is unlawful. In any event Solista’s sole liability for breach shall notify The Company of any such condition, warranty claim within 14 days of receipt of the Equipment and Software or other obligation, including any consequential loss which the Customer may sustain or incur, scheduled date of delivery whichever shall be limited (except to the extent specifically set forth herein) to:earlier; a) In relation to goods (Hardware): i. 9.4.3 For defects in the replacement Equipment or Software caused by wear and tear, abnormal or unsuitable conditions or storage or use or any act, neglect or default of the goods buyer or of any third party; 9.4.4 For other defects in the supply Equipment or Software unless notified to The Company within one month of equivalent goods receipt of the Equipment or payment Software by The Customer or where the defect would not be apparent on reasonable inspection within twelve months of delivery. 9.5 Where liability is accepted by The Company under clause 8.1, The Company’s only obligation shall be at it’s option to make good any shortage or non delivery and/ or as appropriate to replace or repair any Equipment or Software found to be damaged or defective and / or to refund the cost of replacing the goods such Equipment or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation Software to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may selectThe Customer. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista 9.6 The Company shall not be liable to the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury reliability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without The Company’s prior written approval and The Customer shall indemnify The Company against any and all claims and costs arising out of such claims to the extent the aggregate of all liability for all claims under that such repairs or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior remedial work have been performed by The Customer or its agents. 9.7 Subject to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term foregoing provisions of this Agreementclause 9:- 15.6. Solista will not be liable 9.7.1 all conditions, warranties and representations expressed or implied by statute common law or otherwise in relation to the Equipment or Software are hereby excluded; 9.7.2 The Company shall be under no liability to the buyer for any proceeding loss, damage or claim which: a) was injury, direct or indirect, resulting from defects in design, materials or workmanship or otherwise howsoever arising (and whether or not caused by any act or omission the negligence of the Customer or The Company, its employees or agents; or) (other than liability for death or personal injury resulting from The Company’s negligence). b9.8 Nothing in Clause 9 shall exclude or limit the liability of The Company for death or injury. 9.9 Notwithstanding the above, The Company’s total liability (whether in contract or tort, including negligence or otherwise) relates under or in connection with this Agreement and any other Agreement with The Customer relating to actions the Software or based on any claim for loss (including loss of Solista profits) indemnity or contribution shall not exceed the payments made by The Customer to The Company, in the twelve month period preceding the date on which were expressly or impliedly authorised any such liability arises. 9.10 The Customer acknowledges and agrees that the allocation of risk contained in Clause 9 and Clause 10 is reflected in the Maintenance Charge and is also a recognition of the fact that inter alia it is not within The Company’s control how and for what purpose the Maintenance Service is used by the The Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. 15.1 While Solista iiter will take all reasonable measures to preserve the Customer’s data to which Solista iiter may have access in the course of provision of the Services, Solista iiter cannot accept any responsibility in the event that any data is corrupted or erased for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista iiter and its employees harmless from any loss or damage howsoever arising as a result of any claim by the Customer or any third party as a result thereof. 15.2. 15.2 The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista iiter or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista iiter does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. 15.3 In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solistaiiter’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: (a) In in relation to goods goods: (Hardware): i. i) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (ii. ) the repair of the goods or payment of the cost of having the goods repaired;having (b) In relation to services: i. (i) the supplying of the services again; or (ii. ) the payment of the cost of having the services supplied again as in each case Solista iiter may select. 15.4. 15.4 Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. 15.5 Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista iiter be liable to the Customer: (a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; (b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; (c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; (d) in respect of any liability of the Customer to any third party; or (e) in respect of any loss, damage or injury to the extent the aggregate of all liability for all claims under or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista ▇▇▇▇▇ to perform any obligation or observe any term of this Agreement. 15.6. Solista 15.6 iiter will not be liable in relation to any proceeding or claim which: (a) was caused by any act or omission of the Customer or its employees or agents; or (b) relates to actions of Solista iiter which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1(a) The Client acknowledges that, given the nature of computer systems, the Company cannot warrant that the operation of any hardware, software or firmware by a subsequent 3rd recovery party will always be uninterrupted or free from error or that data stored can always be accessed accurately or at all. While Solista In the event of any failure of any hardware, software or firmware the Company shall in all such cases be notified and no claim of whatsoever nature will take all reasonable measures be made against the Company. (b) The Client is solely responsible for ensuring that the Services are suitable to preserve fulfill the Customer’s data requirements of the Client. The Client agrees that save to which Solista may have access the extent that they cannot be excluded by law, the Company gives no warranties or conditions, express (other than the express warranties set out in this Agreement), implied or statutory, including but not limited to conditions as to: (i) the course satisfactory quality, functionality or fitness for a particular purpose of the 3rd party recovery providers chosen by the Client and/or (ii) the performance of the Services. (c) Nothing in this Agreement will limit or exclude the Company's liability for death or personal injury resulting from the Company's negligence or for any other matter prohibited by law. (d) Without prejudice to clauses 11(e) and 11(f) the Company's liability to the Client in contract, tort, (including without limitation negligence) or otherwise under or in connection with the provision or non-provision of the Services, Solista canor supply, non-supply, delay in supplying the Services or non- performance of the Services, is limited to a maximum aggregate figure of twice the annual value in respect of the Company's aggregate liability under this Agreement. (e) The Client acknowledges and agrees that the Company shall not accept under any responsibility circumstances be liable to the Client in the event that any data is corrupted contract, tort (including without limitation negligence or erased breach of statutory duty) misrepresentation or otherwise for any reason. The Customer accepts that it must maintain backup data of the following losses or damages, whether direct or indirect, and even if such losses and/or damages were foreseen, foreseeable or known, or the Company was advised of the possibility of them in order to avoid any advance: (i) loss or damage arising from such corruption incurred by the Client as a result of third party claims; (ii) loss of actual or erasureanticipated profits; (iii) loss of business opportunity or wasted management time; (iv) loss of anticipated savings; (v) loss of goodwill; (vi) any indirect, and will indemnify and save Solista and its employees harmless from any special or consequential loss or damage howsoever arising caused. (f) the Company will in no circumstances be liable for: (i) Any loss to or interference with any programs or data during the delivery or transmission of the same to or from the Recovery 3rd parties (ii) Any costs claims or Proceedings whatsoever threatened or brought against the Client as a result of the use of any claim by programs or data on the Customer or any third Recovery Equipment at the 3rd party as a result thereof.recovery site 15.2. The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation (g) subject to clauses 11(c) and 11(e) the Company's liability to the capacity, uses Client in contract or benefits to be derived from use, profitability of tort (including negligence) or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent Client's tangible property resulting from the Company's negligence is limited to a maximum aggregate figure of all liability for all claims under or incidental £2,000,000 (two million pounds). (h) The Client will only be entitled to this Agreement exceed bring a claim against the value of Company where the aggregate of Client issues legal proceedings against the fees paid hereunder during Company within the period of 6 months prior to commencing on the date upon which the Client ought reasonably to have known of its entitlement to bring such a claim. (i) The exclusions from and limitations of liability set out in this clause 11 shall be considered severally. The validity or unenforceability of any one clause, whether arising from sub- clause, paragraph or sub-paragraph of this clause 11 shall not affect the supply validity or enforceability of any other part of this clause 11. (j) The provisions of this clause ll shall survive the Services or any failure by Solista to perform any obligation or observe any term termination of this Agreement 15.6. Solista will not be liable in relation to any proceeding or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures to preserve the Customer’s data to which Solista may have access in the course of provision of the Services, Solista cannot accept any responsibility in the event that any data is corrupted or erased for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista and its employees harmless from any loss or damage howsoever arising as a result of any claim by the Customer or any third party as a result thereof. 15.2. The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation (a) Subject to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out terms and conditions in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particularcontract, the Customer acknowledges that Solista does Company shall not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) in respect of for any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity person, howsoever caused or expectation benefitarising, whether: (i) an authorised or unauthorised act OR contemplated or uncontemplated act under this contract; (i) caused by the negligence and/or recklessness and/or wilful misconduct of the Company’s servants, agents, employees, subcontractors or otherwise; (ii) resulting from, or attributable to, any quotation, statement, representation or information, oral or written, made or given on behalf of the Company or its servants, agents, employees or subcontractors as to the classification of, liability for, amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods subject of any Service. (b) for any unanticipated down time No declaration of all value or a portion of liability will be made which might extend the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury Company beyond that stated herein. The Goods will be forwarded/dealt with at the Customer’s risk unless express written instructions to the extent contrary are given by the aggregate Customer, accepted in writing by the Company and extra charge paid if required. (c) In all cases where liability has not been, or cannot be, excluded by this agreement because of all mandatory applicable statute, convention or law , the liability for all claims under of the Company is limited to the lesser of AUD $100.00 or incidental to this Agreement exceed the value of the aggregate Goods the subject of the fees paid hereunder during agreement at the period time the Goods were received by the Company. (d) In all cases where liability cannot be limited as aforesaid or by this agreement because of 6 months prior breach of any condition or warranty herein or under other mandatorily applicable law or otherwise, the liability of the Company is limited to either of the date of claim, whether arising from following as determined by the Company at its absolute discretion: (i) providing supply of the Services again; or (ii) payment of the cost of having the Services supplied again. (e) Without limiting the generality of the foregoing, the Company shall in no circumstances be liable for loss or damage arising from any failure Service in respect of the Goods whilst not in its possession or direct, indirect or consequential loss or damage arising from the Services performed in respect of the Goods including loss of market, loss of profit or loss of contracts howsoever caused. The rights, immunities, defences and limits provided for in these conditions shall apply in any action against the Company for loss or damage whether the action be found in contract, tort or otherwise notwithstanding any breach of any condition herein by Solista to perform any obligation or observe any term the Company. (f) Further without limiting the generality of this Agreement 15.6. Solista will the foregoing, the Company shall not be liable in relation to for any proceeding loss or claim which: a) was caused damage suffered by any act or omission of the Customer or its employees any other person as a result of a failure or agents; or b) relates inability of the Company or Subcontractor to actions of Solista which were expressly collect or impliedly authorised receive C .O.D. payments from any consignees or their agents whether caused by the negligence of the Company’s servants , agents, employees, Subcontractors or otherwise. (g) It is hereby agreed between the Customer and the Company that the Customer’s right to compensation for any claim for loss or damage will only be maintained provided the following is strictly adhered to: (i) Any claim for damage to Goods must be lodged in writing to the Company within 7 days of delivery of the Goods or the date Services are or should have been completed, whichever date occurs first; (ii) Any claim for loss/non-delivery of Goods must be notified in writing to the Company within 60 days from the date the Goods should have been delivered or the Services should have been completed, whichever date occurs first; (iii) Any right to any legal remedy against the Company shall be extinguished unless legal proceedings are brought against the Company in the state of New South Wales and not otherwise within 6 months from the date of this contract or the date the Services were completed or Goods delivered, or by the Customer's employees date the Services should have been completed or agentsthe Goods should have been delivered, whichever date occurs first.

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures ‌ 12.1 Codan does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the UK Consumer Rights Act 2015 and the Competition and Consumer Act 2010 (Cth) and its Schedules and Regulations) where to preserve the Customer’s data do so would contravene that statute, legislation or regulation or cause any part of this clause or document to which Solista may have access be void, and nothing in the course Agreement is to be interpreted as doing so. 12.2 The parties acknowledge and agree that:‌ (a) certain legislation implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of provision goods and services, which cannot be excluded, restricted or modified (Non-Excludable Guarantees); and (b) Codan does not exclude, restrict or modify any Non-Excludable Guarantees; and (c) nothing in the Agreement is intended or is to be construed as doing so, or affects any remedies available to the Company at law and which cannot be lawfully excluded by ▇▇▇▇▇, including in respect of any of the ServicesNon-Excludable Guarantees which may be applicable. 12.3 Subject to clause 12.2 above, Solista cannot accept to the maximum extent permitted by law, Codan excludes all warranties, terms, conditions and guarantees regarding the Products, Spare Parts and any responsibility in other goods or services supplied or provided under the event that Agreement which are implied by law (including the general law), international convention or custom, and the Company will be solely responsible for the Products it sells to End Users (including any data is corrupted consequences resulting from the use of the Products by End Users). In no circumstances will Codan or erased any of its Related Bodies Corporate be liable to the Company or any other party for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss loss, cost, expense or damage arising from such corruption sustained by the Company or erasurean End User, or any action, claim, proceeding or demand made by the Company or an End User customer in connection with the Products, except pursuant to clause 12.2 above (if applicable). 12.4 To the fullest extent permitted by law, Codan will not be liable for any special, indirect or consequential losses or damages that may be suffered or incurred by the Company, regardless of the circumstances and will indemnify even if ▇▇▇▇▇ knew they were possible, or they were otherwise reasonably foreseeable (and save Solista including without limitation, loss of profits and its employees harmless from any loss or damage howsoever arising suffered as a result of any claim claims by the Customer or any third party person, such as a result thereofan End User or other customer of the Company). 15.2. The Customer acknowledges 12.5 To the fullest extent permitted by entry into this Agreement that no promiselaw, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation Codan excludes all liability to the capacityCompany in negligence for acts or omissions of Codan, uses or benefits to be derived from useits employees, profitability agents and contractors arising out of or any other consequences of or benefits to be obtained from in connection with the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that will not be liable or otherwise responsible for: (a) any consequences of any modification to the Customer has relied on its own skill and judgment Products or Spare Parts (whether or not authorised) or for any loss, damage or claim arising from such actions; and (b) any loss, accident, damage or injury arising in deciding to acquire connection with the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error freeProducts or Spare Parts, or free any failure of harmful componentsthe Products or Spare Parts to operate in the manner required by the Company, whether or not caused by a defect or fault in the Products or Spare Parts or due to Codan's negligence. 12.6 The Company unconditionally frees, releases and discharges Codan, its Related Bodies Corporate and each of their respective directors, officers, employees, agents and contractors from any claim or cause of action arising in connection with the use of the Products or Spare Parts by the Company, or that any content will be secure modification of the Products or Spare Parts (whether or not otherwise lost or damagedauthorised) to the fullest extent permitted by applicable law. 15.3. In 12.7 To the event that fullest extent permitted by law, Codan’s liability to the supply Company for breach of any goods Non-excludable Guarantee (if any) which is applicable (and other than those implied by sections 51, 52 or services under this Agreement constitutes a supply 53 of goods or services to a consumer as defined in Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth)) if applicable) is limited to any one of, as amendedat Codan’s option, repairing or relevant State replacing the Products or Territory legislation (“the Acts”), nothing contained Spare Parts in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any respect of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incurbreach occurred, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of supplying equivalent goods or products, payment of the cost of replacing the goods Products or Spare Parts, or acquiring equivalent goods; or ii. the repair of the goods products, or payment of the cost of having the goods Products or Spare Parts repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only 12.8 Notwithstanding anything to clause 15.3, all conditions and warranties which would or might otherwise be implied the contrary in this the Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent permitted by law, ▇▇▇▇▇’s maximum liability to the Company for any cause of action or claim in connection with the Products, Spare Parts or the Agreement shall be limited to a total aggregate of all liability for all claims under or incidental amount equal to this Agreement exceed the value Order Value of the aggregate Order in connection with which the cause of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term of this Agreement 15.6. Solista will not be liable in relation to any proceeding action or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agentsarose.

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures 11.1 This clause 11 sets out the entire financial liability of DWS, including acts and omissions on the part of its employees, agents and subcontractors to preserve the Customer’s data to which Solista may have access Client arising under or in connection with this Agreement in respect of any use made by the course of provision Client of the Services, Solista cannot accept the Solution, the Deliverables or any part of them; and in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. 11.2 DWS and its licensors exclude all representations, misrepresentations, warranties and terms of any kind whatsoever (whether by statute or otherwise) to the fullest extent permitted by applicable law. 11.3 Except as expressly provided in this Agreement the Client assumes sole responsibility in for results obtained from the event that any data is corrupted or erased use of the Solution and the Services by the Client, and for conclusions drawn from such use. DWS shall have no liability for any reasondamage caused by errors or omissions in any information, instructions, scripts or software produced or used by DWS in connection with the Services or Solution, or any actions taken by DWS (automated or otherwise) at the Client’s direction. The Customer accepts that it must maintain backup data All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement. 11.4 Nothing in order to avoid this clause 11 shall limit either party's liability for death or personal injury resulting from negligence or for fraud, fraudulent misstatement or fraudulent misrepresentation or for any indemnity given under this Agreement. 11.5 Neither party shall be liable, (in contract, tort (including negligence) or for breach of statutory duty or in any other way) for any loss of revenue, profits, business, contracts, anticipated savings or damage arising from such corruption or erasureprofits, and will indemnify and save Solista and its employees harmless from any loss of use of facilities, loss of goodwill or damage howsoever arising as a result reputation, similar losses or corruption of data or information, pure economic loss and/or any claim indirect, special or consequential loss, costs, damages, charges or expenses suffered or incurred by the Customer other party arising out of or any third party as a result thereof. 15.2. The Customer acknowledges by entry into this Agreement that no promisein connection with the use or provision of the Solution or the Services, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by matter under this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply 11.6 The aggregate liability of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) DWS in respect of any loss or damage suffered by Client arising out or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty shall not exceed the Customer Fees incurred by the Client in the nature 12 months preceding the date upon which the claim arose. 11.7 The total liability of consequentialDWS, incidentalwhether in contract, exemplary tort (including negligence) or indirect loss otherwise and whether in connection with this Agreement or damageotherwise, loss shall in no circumstances exceed the sum of profit, use £500,000. 11.8 The provisions of this clause 11 shall continue to apply notwithstanding the termination or data, or loss expiry of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) this Agreement for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent the aggregate of all liability for all claims under or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term of this Agreement 15.6. Solista will not be liable in relation to any proceeding or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. While Solista 10.1 ZEISS shall only be liable for damages and reimbursement of expenses regardless of the legal grounds in the event of intent, gross negligence or negligent breach of an essential contractual obligation (a contractual obligation whose breach endangers the proper execution of the contract and the achievement of the purpose of the contract) limited to the typical contractual damage foreseeable at the time of conclusion of the contract. 10.2 For damages caused by delay in negligent violation of an essential contractual obligation, ZEISS is liable for only up to 5% of the agreed purchase price. 10.3 The exclusions and limitations of liability in sections 10.1 and 10.2 shall also apply in the event of breaches of duty by persons whose fault ZEISS is responsible for. 10.4 The exclusions and limitations of liability in sections 10.1 to 10.3 shall not apply in cases ZEISS fraudulently concealed a defect, or gave a guarantee of quality (representation by ZEISS that the object of purchase has a certain characteristic at the time of passing of risk and that ZEISS will take be liable for all reasonable measures consequences of its absence irrespective of fault), or for damages based on injury to preserve life, body or health, or in the case of strict liability under the laws on product liability. 10.5 The limitation period for claims for damages against ZEISS regardless of the legal basis shall be one year (whether the Customer is the end user or an intermediate seller of the goods) from the date of delivery to the Customer or, in case of tortious claims, from the date the Customer knew or ought to have known of the circumstances justifying the claim and of the person liable to pay compensation. 10.6 The liability of ZEISS for software delivered by ZEISS shall be limited to liability for losses or alteration of data caused by the program; however, ZEISS shall not be liable for any losses or alteration of data which could have been avoided by the Customer’s compliance with its duty to secure such data to which Solista may have access in at appropriate intervals and at least once per day. 10.7 In all other respects, the course liability of provision of the Services, Solista cannot accept any responsibility in the event that any data ZEISS is corrupted or erased for any reasonexcluded. The Customer accepts that it must maintain backup data in order to avoid any loss or damage arising from such corruption or erasure, and will indemnify and save Solista and its employees harmless from any loss or damage howsoever arising as a result burden of any claim by the Customer or any third party as a result thereof. 15.2. The Customer acknowledges by entry into this Agreement that no promise, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation to the capacity, uses or benefits to be derived from use, profitability proof of or any other consequences of or benefits to be obtained from the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that the Customer has relied on its own skill and judgment in deciding to acquire the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. 15.3. In the event that the supply of any goods or services under this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), as amended, or relevant State or Territory legislation (“the Acts”), nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incur, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or ii. the repair of the goods or payment of the cost of having the goods repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only to clause 15.3, all conditions and warranties which would or might otherwise be implied in this Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to remains with the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent the aggregate of all liability for all claims under or incidental to this Agreement exceed the value of the aggregate of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term of this Agreement 15.6. Solista will not be liable in relation to any proceeding or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agents.

Exclusion and Limitation of Liability. 15.1. While Solista will take all reasonable measures 12.1 Codan does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the UK Consumer Rights Act 2015 and the Competition and Consumer Act 2010 (Cth) and its Schedules and Regulations) where to preserve the Customer’s data do so would contravene that statute, legislation or regulation or cause any part of this clause or document to which Solista may have access be void, and nothing in the course Agreement is to be interpreted as doing so. 12.2 The parties acknowledge and agree that: (a) certain legislation implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of provision goods and services, which cannot be excluded, restricted or modified (Non-Excludable Guarantees); and (b) Codan does not exclude, restrict or modify any Non-Excludable Guarantees; and (c) nothing in the Agreement is intended or is to be construed as doing so, or affects any remedies available to the Company at law and which cannot be lawfully excluded by ▇▇▇▇▇, including in respect of any of the ServicesNon-Excludable Guarantees which may be applicable. 12.3 Subject to clause 12.2 above, Solista cannot accept to the maximum extent permitted by law, Codan excludes all warranties, terms, conditions and guarantees regarding the Products, Spare Parts and any responsibility in other goods or services supplied or provided under the event that Agreement which are implied by law (including the general law), international convention or custom, and the Company will be solely responsible for the Products it sells to End Users (including any data is corrupted consequences resulting from the use of the Products by End Users). In no circumstances will Codan or erased any of its Related Bodies Corporate be liable to the Company or any other party for any reason. The Customer accepts that it must maintain backup data in order to avoid any loss loss, cost, expense or damage arising from such corruption sustained by the Company or erasurean End User, or any action, claim, proceeding or demand made by the Company or an End User customer in connection with the Products, except pursuant to clause 12.2 above (if applicable). 12.4 To the fullest extent permitted by law, Codan will not be liable for any special, indirect or consequential losses or damages that may be suffered or incurred by the Company, regardless of the circumstances and will indemnify even if ▇▇▇▇▇ knew they were possible, or they were otherwise reasonably foreseeable (and save Solista including without limitation, loss of profits and its employees harmless from any loss or damage howsoever arising suffered as a result of any claim claims by the Customer or any third party person, such as a result thereofan End User or other customer of the Company). 15.2. The Customer acknowledges 12.5 To the fullest extent permitted by entry into this Agreement that no promiselaw, representation, warranty or undertaking has been made or given by Solista or any person on its behalf in relation Codan excludes all liability to the capacityCompany in negligence for acts or omissions of Codan, uses or benefits to be derived from useits employees, profitability agents and contractors arising out of or any other consequences of or benefits to be obtained from in connection with the provision of the Services, except as set out in this Agreement and any additional Statement of Work governed by this Agreement, and that will not be liable or otherwise responsible for: (a) any consequences of any modification to the Customer has relied on its own skill and judgment Products or Spare Parts (whether or not authorised) or for any loss, damage or claim arising from such actions; and (b) any loss, accident, damage or injury arising in deciding to acquire connection with the Services. In particular, the Customer acknowledges that Solista does not and cannot warrant that any services will be uninterrupted, error freeProducts or Spare Parts, or free any failure of harmful componentsthe Products or Spare Parts to operate in the manner required by the Company, whether or not caused by a defect or fault in the Products or Spare Parts or due to Codan's negligence. 12.6 The Company unconditionally frees, releases and discharges Codan, its Related Bodies Corporate and each of their respective directors, officers, employees, agents and contractors from any claim or cause of action arising in connection with the use of the Products or Spare Parts by the Company, or that any content will be secure modification of the Products or Spare Parts (whether or not otherwise lost or damagedauthorised) to the fullest extent permitted by applicable law. 15.3. In 12.7 To the event that fullest extent permitted by law, Codan’s liability to the supply Company for breach of any goods Non-excludable Guarantee (if any) which is applicable (and other than those implied by sections 51, 52 or services under this Agreement constitutes a supply 53 of goods or services to a consumer as defined in Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth)) if applicable) is limited to any one of, as amendedat Codan’s option, repairing or relevant State replacing the Products or Territory legislation (“the Acts”), nothing contained Spare Parts in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the goods and services to be supplied hereunder, which pursuant to the Acts or any respect of them is applicable or is conferred on the Customer where to do so is unlawful. In any event Solista’s sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the Customer may sustain or incurbreach occurred, shall be limited (except to the extent specifically set forth herein) to: a) In relation to goods (Hardware): i. the replacement of the goods or the supply of supplying equivalent goods or products, payment of the cost of replacing the goods Products or Spare Parts, or acquiring equivalent goods; or ii. the repair of the goods products, or payment of the cost of having the goods Products or Spare Parts repaired; b) In relation to services: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again as in each case Solista may select. 15.4. Subject only 12.8 Notwithstanding anything to clause 15.3, all conditions and warranties which would or might otherwise be implied the contrary in this the Agreement, whether by operation of statute, inference from circumstances, industry practice or otherwise, are hereby excluded. 15.5. Other than as set out in clause 15.3, and notwithstanding anything else in this Agreement, under no circumstances will Solista be liable to the Customer: a) in respect of any loss or damage suffered by the Customer in the nature of consequential, incidental, exemplary or indirect loss or damage, loss of profit, use or data, or loss of or damage to goodwill or any other opportunity or expectation benefit; b) for any unanticipated down time of all or a portion of the services (or any systems or processes connected with the services) for any reason; c) for any unauthorised access to, alteration of or deletion, destruction, damage, loss or failure to store any of the customer’s content or other data; d) in respect of any liability of the Customer to any third party; or e) in respect of any loss, damage or injury to the extent permitted by law, ▇▇▇▇▇’s maximum liability to the Company for any cause of action or claim in connection with the Products, Spare Parts or the Agreement shall be limited to a total aggregate of all liability for all claims under or incidental amount equal to this Agreement exceed the value Order Value of the aggregate Order in connection with which the cause of the fees paid hereunder during the period of 6 months prior to the date of claim, whether arising from the supply of the Services or any failure by Solista to perform any obligation or observe any term of this Agreement 15.6. Solista will not be liable in relation to any proceeding action or claim which: a) was caused by any act or omission of the Customer or its employees or agents; or b) relates to actions of Solista which were expressly or impliedly authorised by the Customer, or by the Customer's employees or agentsarose.