Common use of Liability and Risk Clause in Contracts

Liability and Risk. (a) Subject to clause 11 (Australian Consumer Law), any applicable law, and the provisions of this clause 12, You: (1) access and use the Space (including storing Goods in the Space) at Your own risk; (2) bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others: (A) any Unforeseen Event (including flood, fire, leakage or overflow of water); (B) mildew, mould, or temperature fluctuations; (C) transportation (including delivery and removal) of the Goods; (D) infestations (including pest or vermin); and/or (E) spillage of material from any other storage space caused by other users of the Facility; (3) must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Space, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate’s wilful misconduct, negligent omission, fraud or criminal conduct and/ or the storage of Prohibited Goods; and (4) release Us from all claims and liability arising from any loss, damage or injury occurring in the Space or the Facility or in connection with Your use of the Space; and, in any event, if it is determined that We are liable to You, Our liability is capped at: (A) if the loss, damage or injury relates to Goods or property, $1000; or (B) otherwise, the amount which is the greater of: i. the Storage Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and

Liability and Risk. (a) a. Subject to clause 11 (Australian Consumer Law), any applicable law, and the provisions of this clause 12, You: (1) . access and use the Space (including storing Goods in the Space) at Your own risk; (2) . bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others: (A) A. any Unforeseen Event (including flood, fire, leakage or overflow of water); (B) B. mildew, mould, or temperature fluctuations; (C) C. transportation (including delivery and removal) of the Goods; (D) D. infestations (including pest or vermin); and/or (E) E. spillage of material from any other storage space caused by other users of the Facility; (3) . must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Space, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate’s 's wilful misconduct, negligent omission, fraud or criminal conduct and/ or and/or the storage of Prohibited Goods; and (4) . release Us from all claims and liability arising from any loss, damage or injury occurring in the Space or the Facility or in connection with Your use of the Space; and, in any event, if it is determined that We are liable to You, Our liability is capped at: (A) A. if the loss, damage or injury relates to Goods or property, $1000; or (B) B. otherwise, the amount which is the greater of: i. the Storage Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and ii.$5000. b. Clause 12(a) does not apply to the extent any risk, liability, damage, or injury is caused by any of Our (and/or any of Our Indemnified Party's) gross negligence, wilful misconduct, fraud or criminal conduct. c. Each party: 1. is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; and 2. shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages; d. Each party's liability for any loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant loss, damage or injury. e. You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.

Liability and Risk. (a) Subject to clause 11 (Australian Consumer Law), any applicable law, and the provisions of this clause 12, You: (1) access and use the Space (including storing Goods in the Space) at Your own risk; (2) bear the risk of theft of Your Goods from the Space and of any damage, deterioration and/or destruction to Your Goods caused by, among others: (A) any Unforeseen Event (including flood, fire, leakage or overflow of water); (B) mildew, mould, or temperature fluctuations; (C) transportation (including delivery and removal) of the Goods; (D) infestations (including pest or vermin); and/or (E) spillage of material from any other storage space caused by other users of the Facility; (3) must indemnify and hold harmless the Indemnified Party in respect of any loss, damage, or injury (as applicable) to the Space, Facility, Us, and/or any third party, where such loss, damage, or injury is caused by Your or Your Associate’s wilful misconduct, negligent omission, fraud or criminal conduct and/ or the storage of Prohibited Goods; and (4) release Us from all claims and liability arising from any loss, damage or injury occurring in the Space or the Facility or in connection with Your use of the Space; and, in any event, if it is determined that We are liable to You, Our liability is capped at: (A) if the loss, damage or injury relates to Goods or property, $1000; or (B) otherwise, the amount which is the greater of: i. the Storage Fees You paid Us under this Agreement within 6 months of the date of the event giving rise to the liability; and ii. $5000. (b) Clause 12(a) does not apply to the extent any risk, liability, damage, or injury is caused by any of Our (and/or any of Our Indemnified Party’s) gross negligence, wilful misconduct, fraud or criminal conduct. (c) Each party: (1) is not entitled to recover damages or obtain payment, reimbursement, restitution or indemnity more than once for the same liability or breach of this Agreement; and (2) shall not be liable under this Agreement for any indirect, consequential, special or incidental loss or damages; (d) Each party’s liability for any loss, damage, or injury (as applicable) under this Agreement will be reduced proportionally to the extent that any act or omission by the other party contributed to the relevant loss, damage or injury. (e) You acknowledge that this clause is a fundamental term of this Agreement as the risk and liability allocation has been factored into the Fees and Our operations would not be viable on any other basis.