12. CANCELLATION
No contract or order may be cancelled without INTECH’s written consent. In the event that cancellation is agreed for whatever reason the Customer shall indemnify INTECH against all costs, claims, loss and expenses occasioned thereby including any consequential loss and loss of profits.
13. REFUNDS
Refunds will not be provided, however INTECH will provide a credit for any order placed in error.
14. EXCLUSIONS AND LIMITATIONS
14.1 INTECH shall not be liable to the customer in connection with or arising out of the subject matter of these conditions, expect that the loss or damage results from misrepresentation, the negligence of, or breach of contract or other default by INTECH, its agents or contractors, in which case such liability shall be subject to the exclusions and limitations expressed in these conditions.
14.2 INTECH does not, and nothing stated in this Clause 14 shall be construed or be deemed as operating to exclude or restrict its liability in damages or otherwise.
14.2.1 for death or personal injury to the extent that such liability results from the negligence of INTECH or its employees, agents or contractors, or
14.2.2 for breach of the obligations arising from Section 12 of the Sale of Goods Act 1979 (as amended from time to time);
14.2.3 under the Consumer Protection Act 1987, but to the extent only that INTECH is prohibited by law from seeking to restrict or exclude its liability thereunder.
14.3 INTECH’s liability for any loss or damage which shall include without limitation costs and expenses related to any claim, however, caused, in connection with or arising out of the subject matter of these conditions, will:-
14.3.1 in the case of direct physical damage to any tangible property (other than the Equipment) to the extent it results from the negligence of INTECH, or of its employees, agents or contractors, be limited in respect of any one claim or series of claims arising out of the same event or circumstances, to $1m.
14.3.2 in the case of any other claim or series of claims arising out of the same event or circumstances be limited to the amount of the price payable by the Customer pursuant to the Contract governed by these conditions (excluding GST thereon).
14.4 Notwithstanding Clause 14.3 above, INTECH shall not be liable to the customer or to any other person
for:-
14.4.1 loss of use, operating time, contracts, business, profits, goodwill, revenue, anticipated savings or any other like economic loss, however, caused;
14.4.2 any indirect or consequential loss or damage however caused;
14.4.3 any loss or damage to any intangible property (including but not limited to loss of programmes or data) or for any inconvenience caused to the customer, however caused.
14.4.4 any claim, unless made with reasonable details in writing to INTECH no later than 2 months (or such longer period as may be reasonable in the circumstances) after the date the claimable event first comes or ought reasonably to have come to the notice of the customer, its employees, agents or contractors.
14.5 The term “however caused” shall mean arising by reason of breach of contract, misrepresentation, negligence or other tort, breach of statutory duty or other wrongful act, omission (whether deliberate or not) or otherwise, however fundamental the result.
14.6 Notwithstanding any other provisions herein, all exclusions and limitations of liability contained in these Conditions shall apply to all liabilities of INTECH under or in connection with or in relation to the subject matter of these conditions and regardless of whether or not the loss or damage was foreseeable, and of whether the Customer notifies INTECH of the possibility of any greater loss or damage, and shall
apply only so far as is permitted by law.
14.7 The customer agrees to indemnify INTECH at all times hereafter against all claims, demands, costs and expenses in excess of the liability expressly accepted by INTECH hereunder.
14.8 No representation of fact, oral or written, including but not limited to statements regarding the capacity, suitability for use or performance of the Equipment, whether made by INTECH, its employees or otherwise shall be deemed to be a warranty by INTECH for any purpose, or give rise to any liability of INTECH whatsoever, unless made by INTECH in writing.
14.9 Save as set out in these conditions, all other express or implied terms, conditions and warranties (whether statutory or otherwise) including without limitation, terms as to satisfactory quality, year 2000 compliance, and fitness for purpose are hereby excluded to the fullest extent permitted by law.
14.10 Where any valid claim in respect of any of the Equipment which is based on any defect in the quality or condition of the Equipment or its failure to meet specification is notified to INTECH in accordance with these conditions, INTECH shall be entitled to repair or replace the equipment (or the part in question) free of charge or at INTECH’s sole discretion, refund the customer the price of the equipment (or a proportionate
part of the price) but INTECH shall have no further liability to the customer.
14.11 The customer acknowledges that it has had the opportunity to negotiate different terms of these conditions.
