Limitation of Liability Statement

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The customer acknowledges that it is a term of sale that to the extent permitted by law, the Distributor’s liability for any defect in (whether in quality, performance, title or otherwise) or failure of a Product supplied by the Distributor is limited to an obligation to refund to the customer the amount paid by the customer for the individual Product which has a defect or has failed.

The customer acknowledges that the Distributor has no liability to the customer for:

1. any loss of revenue or profit (whether suffered by the customer or any other person), costs of obtaining substitute products from alternate sources or increased transportation costs (whether these costs are incurred by the customer or any other person); 
2. claims brought against the customer by the customers of the customer or by any other persons; or
3. any consequential loss, special loss or indirect loss.

This clause applies, to the extent permitted by law, to all claims of any nature which may be brought against the Distributor under, or related to, this document, including, without limitation, claims for breach of contract, in tort (including negligence), for breach of statutory duty, claims brought under statute and claims brought for misrepresentation.

The customer acknowledges that the prices that the products are sold to the customer reflect the limitations on the Distributor’s liability set out herein which prices would be higher if a different liability regime applied. The parties acknowledge that the liability regime is fair and reasonable having regard to the prices prevailing under the terms of sale.