5. Warranties, Liability, and Indemnities
5.1 Nothing in this clause 5 shall limit the operation of or detract from the provisions of clause 6.
5.2 Our products and services will be provided by us using our usual standards, skill and reasonable care. If during the course of providing our products or services, we make use of the goods or services of a third party, we make no warranty, guarantee or any other statement as to their quality, fitness for purpose or otherwise. If possible, we will use reasonable endeavours to assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying such goods or services to us.
5.3 Should any damages suffered by you arise as a result of faulty, incorrect, incomplete or improperly provided information or documentation provided by you, there shall be no liability whatsoever on our part.
5.4 There shall be no service warranties except for those provided in this Agreement. All other warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law, are excluded to the extent permitted by law. We will not be liable for any special, indirect or consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing the products or services to you or as a result of your use of our products or services.
5.5 We do not warrant and are not liable for any actions, omissions or information provided by any other person using our website, products or services.
5.6 We do not warrant that the materials on, in or available via our website, products or services will be suitable for any particular purpose. Access to the materials is provided on a strictly “as is” basis.
5.7 We do not warrant that your use of our website, products or services will be fit for any specific purposes other than, in the case of our products and services, those we tell you at the time of provision of those products and services to you.
5.8 In consideration for being given access to our website, products or services, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of our website, products or services or any of the links provided on, in or via the website, products or services or reliance by you or any person upon information contained within or made available via our website, products or services.
5.9 In further consideration for our supply of our goods and/or services to you (including making goods available for your collection as the case may be), you further release and forever discharge us, our employees, servants and agents and each of them from any claim or demand of any nature whatsoever associated with or arising out of any of (or any use of or reliance upon) our goods or services (other than non-delivery due to our wilful default) that you have, had or but for this clause would have had against any of the parties so released.
5.10 Subject to our compliance with the terms of this Agreement, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of our website, products or services or any of their contents or from any breach by you of these terms and conditions.
5.11 Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. This Agreement must be read and interpreted subject to such statutory provisions or any other similar provisions.
5.12 Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
- the supply of the relevant goods or services again; or
- payment of the cost of having the goods or services supplied again or repaired.