Common use of Limitation of Liability and Release Clause in Contracts

Limitation of Liability and Release. 5.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including Australian Consumer Laws. 5.2 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT will not be liable for, and the Purchaser releases and holds harmless EPRAKT in respect of, any claim, loss, cost, damage or expense (Claim) arising out of the provision of the services including, but not limited to, any loss or damage to the Purchaser’s property unless that Claim is a direct result of the negligence of EPRAKT. 5.3 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT will not be liable for, and the Purchaser releases EPRAKT in respect of, any claim, loss, cost, damage or expense (Claim) arising out of any act or omission of EPRAKT or its employees, officers or agents unless that Claim is a direct result of the negligence or breach of this Agreement or a warranty by EPRAKT. 5.4 The parties agree that to the extent permitted by law any liability for a Claim against EPRAKT that cannot be excluded will be limited to one of the following (at the election of EPRAKT): (a) the rectification of defective services (if applicable); or (b) the amount paid by the Purchaser in respect of the original supply of the services. 5.5 Notwithstanding any of the above, the parties agree that EPRAKT will under no circumstances be liable to the Purchaser for any indirect or consequential loss, loss of income, profit or opportunity or for any contingent, consequential direct/indirect special, or punitive damages arising out of or in connection with this Agreement, at law or in equity. 5.6 EPRAKT’s liability/obligations to honour any Claim under or in connection with this Agreement do not extend to rectification of defects, loss or damage which is caused or contributed to by use, or treatment of any part of the completed services other than in accordance with the more stringent of either: guidelines or specifications supplied by EPRAKT; industry best practice; or use under normal working conditions. EPRAKT will also not be liable for defects, loss, costs or damage arising out of or in connection with: (a) the misuse, neglect, or wilful destruction of any part of the completed services; or (b) any damage caused by or to the completed services as a result of continued use after a defect has been detected or ought to have been detected; or (c) tampering with or alteration of the completed services by a third party or by services supplied by a third party. 5.7 To the extent permitted by law and unless otherwise set out in this Agreement, EPRAKT does not provide and expressly excludes all warranties whether implied by statute or otherwise in respect of any services. 5.8 The Purchaser indemnifies EPRAKT and keeps EPRAKT indemnified against all liability, loss, cost or damage in connection with or arising out, whether directly or indirectly, of any of the following: (a) any breach by the Purchaser of this Agreement or any order, quotation, proposal or contract between EPRAKT and the Purchaser; (b) any Claim arising out of or in any way related to any injury to or death of any person or loss of or damage to any tangible property arising out of or in any way relating to this Agreement or any order, quotation, proposal or contract between EPRAKT and the Purchaser and caused or contributed to by an act or omission of the Purchaser or its employees or agents; and (c) any Claim by a third party arising out of or in any way related to any wilful, reckless, negligent or unlawful act or omission of the Purchaser or its employees or agents, provided however that the Purchaser’s liability to indemnify EPRAKT under this clause 5.8 will be reduced proportionally to the extent that any negligent act or omission of EPRAKT contributed to the liability. 5.9 Notwithstanding any other provision in this Agreement, the Purchaser acknowledges and agrees that, to the full extent permitted by law, any Claim that the Purchaser makes against EPRAKT must be commenced within six (6) months after the date that the Purchaser becomes aware, or ought to have become aware of, the Claim but not later than the date that is 12 months after the act, omission or incident upon which the Claim is based.

Limitation of Liability and Release. 5.1 This Agreement does not attempt to exclude, restrict or modify the application of any applicable laws of the Commonwealth State or Territory which cannot be excluded, restricted or modified including Australian Consumer Laws. 5.2 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT Stoke Consulting will not be liable for, and the Purchaser releases and holds harmless EPRAKT Stoke Consulting in respect of, any claim, loss, cost, damage or expense (Claim) arising out of the provision of the services including, but not limited to, any loss or damage to the Purchaser’s property unless that Claim is a direct result of the negligence of EPRAKTStoke Consulting. 5.3 The Purchaser acknowledges and agrees that to the extent permitted by law, EPRAKT Stoke Consulting will not be liable for, and the Purchaser releases EPRAKT Stoke Consulting in respect of, any claim, loss, cost, damage or expense (Claim) arising out of any act or omission of EPRAKT Stoke Consulting or its employees, officers or agents unless that Claim is a direct result of the negligence or breach of this Agreement or a warranty by EPRAKTStoke Consulting. 5.4 The parties agree that to the extent permitted by law any liability for a Claim against EPRAKT Stoke Consulting that cannot be excluded will be limited to one of the following (at the election of EPRAKTStoke Consulting): (a) the rectification of defective services (if applicable); or (b) the amount paid by the Purchaser in respect of the original supply of the services. 5.5 Notwithstanding any of the above, the parties agree that EPRAKT Stoke Consulting will under no circumstances be liable to the Purchaser for any indirect or consequential loss, loss of income, profit or opportunity or for any contingent, consequential direct/indirect special, or punitive damages arising out of or in connection with this Agreement, at law or in equity. 5.6 EPRAKTStoke Consulting’s liability/obligations to honour any Claim under or in connection with this Agreement do not extend to rectification of defects, loss or damage which is caused or contributed to by use, or treatment of any part of the completed services other than in accordance with the more stringent of either: guidelines or specifications supplied by EPRAKTStoke Consulting; industry best practice; or use under normal working conditions. EPRAKT Stoke Consulting will also not be liable for defects, loss, costs or damage arising out of or in connection with: (a) the misuse, neglect, or wilful destruction of any part of the completed services; or (b) any damage caused by or to the completed services as a result of continued use after a defect has been detected or ought to have been detected; or (c) tampering with or alteration of the completed services by a third party or by services supplied by a third party. 5.7 To the extent permitted by law and unless otherwise set out in this Agreement, EPRAKT Stoke Consulting does not provide and expressly excludes all warranties whether implied by statute or otherwise in respect of any services. 5.8 The Purchaser indemnifies EPRAKT Stoke Consulting and keeps EPRAKT Stoke Consulting indemnified against all liability, loss, cost or damage in connection with or arising out, whether directly or indirectly, of any of the following: (a) any breach by the Purchaser of this Agreement or any order, quotation, proposal or contract between EPRAKT Stoke Consulting and the Purchaser; (b) any Claim arising out of or in any way related to any injury to or death of any person or loss of or damage to any tangible property arising out of or in any way relating to this Agreement or any order, quotation, proposal or contract between EPRAKT Stoke Consulting and the Purchaser and caused or contributed to by an act or omission of the Purchaser or its employees or agents; and (c) any Claim by a third party arising out of or in any way related to any wilful, reckless, negligent or unlawful act or omission of the Purchaser or its employees or agents, provided however that the Purchaser’s liability to indemnify EPRAKT Stoke Consulting under this clause 5.8 will be reduced proportionally to the extent that any negligent act or omission of EPRAKT Stoke Consulting contributed to the liability. 5.9 Notwithstanding any other provision in this Agreement, the Purchaser acknowledges and agrees that, to the full extent permitted by law, any Claim that the Purchaser makes against EPRAKT Stoke Consulting must be commenced within six (6) months after the date that the Purchaser becomes aware, or ought to have become aware of, the Claim but not later than the date that is 12 months after the act, omission or incident upon which the Claim is based.