EXCLUSION AND LIMITATION OF LIABILITY FORM
Please read the below carefully before you sign it. We bring to your attention that paragraph 1.1 includes a specific waiver of liability for death and personal injury.
1.1. Recreational Services
(a) In this paragraph 1.1, Personal Injury and Recreational Services have the meanings given to them in the Australian Consumer Law and Fair Trading Act 2012 (Vic).
(b) Notwithstanding anything to the contrary contained in this document, to the maximum extent permitted by law Humming Puppy will not be liable for the death of, or Personal Injury suffered by, the Customer in relation to the supply by Humming Puppy to the Customer of Recreational Services, and the Customer releases Humming Puppy from all such liability.
1.2. Exclusion of excludable warranties
(a) Humming Puppy excludes all warranties and guarantees in connection with any goods and services supplied to the Customer (or in connection with any advice regarding the such goods or services), other than those which may not be excluded under the Competition and Consumer Act 2010 (Cth) or other relevant legislation. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute.
(b) Without limiting the generality of clause 1.2(a), the Customer acknowledges and agrees that in entering into this document and doing anything pursuant to it, it relies on its own investigations and the professional advice it has received and does not rely on any representation, guarantee, warranty or assurance from or on behalf of Humming Puppy as to any matter.
1.3. Limitation of liability where exclusion not available
Humming Puppy’s liability under any guarantee, condition or warranty implied or stipulated by the Competition and Consumer Act 2010 (Cth) or similar legislative provision which may not be excluded but may be limited in any of the following ways, is limited at Humming Puppy’s option to:
(a) in the case of goods supplied by Humming Puppy:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods; or
(iii) the refund of the price paid by the Customer for the goods; or
(b) in the case of services supplied by Humming Puppy:
(i) the supply by Humming Puppy of the services again; or
(ii) the refund of the fee or other price paid by the Customer for the services.
1.4. Exclusion of excludable indirect loss
Humming Puppy is not liable for any indirect loss, or consequential loss, or loss of income, profits, revenue or opportunity, or loss or theft of goods, or damage to goods, or loss, theft or corruption of data or information, or the cost of replacing or repairing goods, or the cost of recovering or recompiling data or information, or any damage to reputation, in each case except for any such liability which may not be excluded by force of the Competition and Consumer Act 2010 (Cth) or similar legislative provision.
A provision of this document or a right created under it may not be waived except in writing signed by the party granting the waiver.
If any provision of this document is void, voidable, unenforceable, illegal, prohibited or otherwise invalid, the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of this document.