Common use of Liability of Supplier Clause in Contracts

Liability of Supplier. 10.1. To the maximum extent permitted by law, no warranty, condition, description or representation on the part of Festo is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2. Where Festo’s performance of these Terms or any Agreement constitute a supply of goods or services to a consumer within the meaning of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) (including the Australian Consumer Law), as amended, or any relevant similar State or Territory legislation ("the Acts"), then: a) nothing contained in these Terms shall exclude, restrict, or modify any condition, warranty or other obligation in relation to any Agreement and/or the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful; and b) to the maximum extent permitted by law, Festo’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:- i) the replacement of the Goods or Services; or ii) the supply of equivalent goods or services; or iii) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or iv) the repair of the Goods or payment of the cost of having the Goods repaired, as Festo may select in its sole and absolute discretion. 10.3. To the maximum extent permitted by law, the Customer releases Festo from any and all liability (including any Consequential Liability) which the Customer may sustain or incur where Festo fails or is unable to supply or deliver Goods or Services in accordance with any Agreement as a result of any matter that is beyond the control of Festo (including, but not limited to as a consequence of fire, embargo, strike, inability to secure materials or labour, flood, act of government, riot, epidemic, or pandemic). 10.4. To the maximum extent permitted by law, the Customer releases Festo from liability for any and all loss, damage, injury, cost, expense, or liability suffered by the Customer or any third party of any kind whatsoever, and whether actual or contingent, present or future, fixed or unascertained, and whether based in contract, tort, or otherwise arising at law, and howsoever arising out of or in connection with any Agreement, these Terms or the sale or supply of Goods or Services to the Customer, including but not limited to indirect loss or Consequential Loss, except to the extent that any such liability is due to the negligence of Festo or any of its employees or agents.

Liability of Supplier. 10.1. To the maximum extent permitted by law, no warranty, condition, description or representation on the part of Festo the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2. Where Festo’s performance of these Terms or any In the event that an Agreement constitute constitutes a supply of goods or services to a consumer within the meaning of as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth) (including the Australian Consumer Law), ) as amendedamended from time to time, or any relevant similar analogous State or Territory legislation ("“the Acts"”), then: a) nothing contained in these Terms shall exclude, restrict, that Agreement excludes restricts or modify modifies any condition, warranty or other obligation in relation to any Agreement and/or the Goods and Services which, pursuant to any of the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful; and b) to . In such cases, the maximum extent permitted by law, FestoSeller’s sole liability for breach of any such condition, warranty or other obligation (obligation, including any Consequential Loss consequential loss which the customer Customer may sustain or incur) , shall be limited (except to the extent specifically set forth herein) to:- ito:- a.) the replacement of the Goods or Services; or iior b.) the supply of equivalent goods or services; or iiior c.) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or ivor d.) the repair of the Goods or payment of the cost of having the Goods repaired, ; as Festo the Supplier may select elect in its sole and absolute discretion. 10.3. To The Seller will not be liable for any failure to deliver the maximum extent permitted by law, the Customer releases Festo from any and all liability (including any Consequential Liability) which the Customer may sustain or incur where Festo fails or is unable to supply or deliver Goods or Services in accordance with any Agreement as a result of any matter that is beyond if the control of Festo (including, but not limited to failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, flood, act of government, riot, epidemic, or pandemic)any other circumstances beyond the Seller’s control. 10.4. To The Supplier accepts no responsibility for any Damage, claim, loss, demand and/or Liability which may arise out of the maximum extent permitted incorrect, improper or negligent use of the Products and/or Services supplied by lawthe Supplier, and the Customer releases Festo from liability hereby forever releases, holds harmless and fully indemnifies the Supplier for any and all such Damage, claim, loss, damage, injury, cost, expense, or liability suffered by the Customer or any third party of any kind whatsoever, and whether actual or contingent, present or future, fixed or unascertained, and whether based in contract, tort, or otherwise arising at law, and howsoever arising out of or in connection with any Agreement, these Terms or the sale or supply of Goods or Services to the Customer, including but not limited to indirect loss or Consequential Loss, except to the extent that any such liability is due to the negligence of Festo or any of its employees or agentsdemand and/or Liability.

Liability of Supplier. 10.1. 10.1 To the maximum extent permitted by law, no warranty, condition, description or representation on the part of Festo the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2. Where Festo’s performance of these Terms or any Agreement constitute 10.2 In the event that this Contract constitutes a supply of goods or services to a consumer within the meaning of as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth) (including the Australian Consumer Law), as amended, or any relevant similar State or Territory legislation ("the Acts"), then: a) nothing contained in these Terms shall exclude, restrict, this Contract excludes restricts or modify modifies any condition, warranty or other obligation in relation to any Agreement and/or this Contract and the Goods and Services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful; and b) to , in which event the maximum extent permitted by law, Festo’s Seller's sole liability for breach of any such condition, warranty or other obligation (obligation, including any Consequential Loss consequential loss which the customer may sustain or incur) , shall be limited (except to the extent specifically set forth herein) to:- i) 10.2.1 the replacement of the Goods or Services; or ii) 10.2.2 the supply of equivalent goods or services; or iii) 10.2.3 payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or iv) 10.2.4 the repair of the Goods or payment of the cost of having the Goods repaired, as Festo Radlink may select in its sole and absolute discretionselect. 10.3. To 10.3 The Seller will not be liable for any failure to deliver the maximum extent permitted by law, the Customer releases Festo from any and all liability (including any Consequential Liability) which the Customer may sustain or incur where Festo fails or is unable to supply or deliver Goods or Services in accordance with any Agreement as a result of any matter that is beyond if the control of Festo (including, but not limited to failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, flood, act of government, riot, epidemic, or pandemic). 10.4. To the maximum extent permitted by law, the Customer releases Festo from liability for any and all loss, damage, injury, cost, expense, or liability suffered by the Customer or any third party other circumstances beyond the control of any kind whatsoever, and whether actual or contingent, present or future, fixed or unascertained, and whether based in contract, tort, or otherwise arising at law, and howsoever arising out of or in connection with any Agreement, these Terms or the sale or supply of Goods or Services to the Customer, including but not limited to indirect loss or Consequential Loss, except to the extent that any such liability is due to the negligence of Festo or any of its employees or agentsSeller.

Liability of Supplier. 10.1. To the maximum extent permitted by law, no warranty, condition, description or representation on the part of Festo the Seller is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the Goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions necessarily implied by any statute or other applicable law. 10.2. Where Festo’s performance of these Terms or any In the event that an Agreement constitute constitutes a supply of goods or services to a consumer within the meaning of as defined in the Competition and Consumer ▇▇▇ ▇▇▇▇ Act 2010 (Cth) (including the Australian Consumer Law), ) as amendedamended from time to time, or any relevant similar analogous State or Territory legislation ("“the Acts"”), then: a) nothing contained in these Terms shall exclude, restrict, that Agreement excludes restricts or modify modifies any condition, warranty or other obligation in relation to any Agreement and/or the Goods and Services which, pursuant to any of the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful; and b) to . In such cases, the maximum extent permitted by law, FestoSeller’s sole liability for breach of any such condition, warranty or other obligation (obligation, including any Consequential Loss consequential loss which the customer Customer may sustain or incur) , shall be limited (except to the extent specifically set forth herein) to:- i(a) the replacement of the Goods or Services; or ii(b) the supply of equivalent goods or services; or iii(c) payment of the cost of replacing the Goods or Services or acquiring equivalent goods; or iv(d) the repair of the Goods or payment of the cost of having the Goods repaired, as Festo the Supplier may select elect in its sole and absolute discretion. 10.3. To The Seller will not be liable for any failure to deliver the maximum extent permitted by law, the Customer releases Festo from any and all liability (including any Consequential Liability) which the Customer may sustain or incur where Festo fails or is unable to supply or deliver Goods or Services in accordance with any Agreement as a result of any matter that is beyond if the control of Festo (including, but not limited to failure arises as a consequence of fire, embargo, strike, inability to secure materials or labour, flood, act of government, riot, epidemic, or pandemic)any other circumstances beyond the Seller’s control. 10.4. To The Supplier accepts no responsibility for any Damage, claim, loss, demand and/or Liability which may arise out of the maximum extent permitted incorrect, improper or negligent use of the Products and/or Services supplied by lawthe Supplier, and the Customer releases Festo from liability hereby forever releases, holds harmless and fully indemnifies the Supplier for any and all such Damage, claim, loss, damage, injury, cost, expense, or liability suffered by the Customer or any third party of any kind whatsoever, and whether actual or contingent, present or future, fixed or unascertained, and whether based in contract, tort, or otherwise arising at law, and howsoever arising out of or in connection with any Agreement, these Terms or the sale or supply of Goods or Services to the Customer, including but not limited to indirect loss or Consequential Loss, except to the extent that any such liability is due to the negligence of Festo or any of its employees or agentsdemand and/or Liability.