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WA Australian Consumer Law - Supplier is Responsible for Nothing?

Discussion in 'Australian Consumer Law Forum' started by The Intern, 4 October 2016.

  1. The Intern

    The Intern Member

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    Here is a statement that has been taken from our Terms and Conditions. I had to read it twice. Could someone please confirm my thinking here - it seems this statement in simple terms implies "we're not responsible for anything".

    "21.1 Notwithstanding any other clause in this agreement, in no circumstances will the supplier be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, productivity, or anticipated savings, corruption, loss or destruction of data, failure of a backup to run correctly or for any indirect, special or consequential loss whatsoever"
     
  2. Tim W

    Tim W Lawyer

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    What's the product?
    is the product being supplied in a transaction to which the ACL applies?
     
  3. Rod

    Rod Well-Known Member

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    Sounds like software or a server.

    How much is the product?
    Is the product for resale (eg you're buying from a wholesaler/supplier to sell retail)?
    Is it for normal consumer use or can be used by consumers?

    Can't answer your question without more details so we can work out if the ACL applies.

    If the ACL applies then the clause may have a limited operation, if any at all. General principle is you can't contract out of statutory rights, however need to see if some exclusionary clause operates to push the transaction outside of the statutory rights.
     

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