Watchguard V2 Especificaciones descargar pdf (Pagina 54)

6. LIMITING OF LIABILITY AND INDEMNITY

Subject to clause 6(c), The Company shall have no liability whatsoever in respect of:

Any circumstances or event which occurs during any period when this contract is suspended pursuant to clause

7(b);

Any loss or damage caused by any reason beyond the control of The Company including, but not limited to

mechanical breakdown, storm earthquake, strikes, lockouts, labour disputes of whatever type, Acts of God, war

(whether declared or not), act (administrative or legislation) of any Government, riot or civil commotion, fire

explosion, act or omission by You, Your servants, or agents.

Any indirect or consequential damage.

Any loss or damage suffered by You except so far as such loss or damage is solely attributable to the

negligence of The Company or any of its employees acting within the scope of their employment.

Any delays by You, which shall cause automatic suspension of The Company's obligations under this Contract

until the delay is terminated.

Notwithstanding the provisions hereof they shall be read subject to any implied terms, conditions or warranties

imposed by the Trade Practices Act 1974 or any other Commonwealth or State legislation insofar as such

legislation may be applicable.

In cases where part V Division 2 of the Trade Practices Act of 1974 (or equivalent part of any State or Territory

legislation) applies and the goods or services supplied are other than those ordinarily acquired for personal,

domestic or household use or consumption, The Company's liability to the Customer shall be limited as The

Company determines:

In the case of goods to any one of the following:

the replacement of the goods or the supply of equivalent goods; or

the repair of the goods; or

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

the payment of the cost of having the goods repaired;

In the case of services any one of the following:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

You shall indemnify The Company with respect to any loss, damage, cost, or expense suffered by The

Company directly or indirectly in connection with or arising out of the performance by The Company of its

obligations under this Contract due to the fault of the Customer including, without limitation, any claims by any

client of the Customer.

You hereby indemnify The Company and shall keep The Company indemnified against all losses, costs,

expenses that The Company may suffer and all demands, actions, suits, causes of action that may be made

against The Company arising directly out of the failure of the equipment, control unit, communication device, or

the telephone network connection to operate or perform properly.

7. ACKNOWLEDGEMENT

a. The fees set out herein are based solely on the value of all services provided and are unrelated

to the value of Your property or the property of others located at Your Premises.

b. Whilst The Company will use its reasonable best endeavours to ensure that the equipment,

control unit, communication device, or the telephone network connection will operate correctly

and will in all cases perform the purpose for which they were designed, The Company shall not

be responsible and is hereby released from all liability from any loss or damage resulting there

from.

c. You hereby acknowledge that The Equipment installed in The Premises may not prevent

unlawful entry occurring, loss or damage to property and death or injury may occur to persons

even though The Company's obligations to You under this Contract have been fulfilled and that

The Company makes no representation in this regard.

d. You shall not require The Company to supply performance records, history or other reports to

anyone who is not a party of this Contract.

e. You will use reasonable best efforts to ensure that The Premises are safe when Patrol Officers

attend The Premises to provide services.

f. You agree that The Company may sub-contract to a third party all or part of the services

detailed in this Contract at its absolute discretion, including bureau alarm monitoring.

g. This Contract is conditional upon compatibility to the satisfaction of The Company with the

equipment installed in The Company's Central Station and equipment installed at the premises

of the Customer.

h. The Company may terminate this Contract within seven days notice in writing to You, if The

Company's Central Station receives such number of alarm signals which, in the opinion of The

Company are excessive, or The Company is unable to obtain the rights or means to transmit

signals between The Company's Central Station and the Premises.

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Watchguard V2 Especificaciones Pagina 54

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