Common use of Exclusions Clause Clause in Contracts

Exclusions Clause. This clause means that the Customer might not be able to get compensation from the Retailer for some losses the Customer might suffer as a result of the Retailer’s actions. The effect of this clause may be limited by law, including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), in which case it has effect only as far as the law allows. In particular, if the Customer is a consumer under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), the Retailer may be taken to have given the Customer certain consumer guarantees about the supply of goods or services (including gas) to the Customer. If the Retailer fails to comply with those guarantees, then the Customer may have statutory rights under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA) against the Retailer, and the limitations set out in this clause will not limit the Retailer’s liability to the Customer to the extent those statutory rights apply. Despite anything else the contract says (other than the paragraph above), and despite anything outside the contract (other than applicable laws including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA)), the Retailer will only ever be liable to the Customer for direct damage. The Retailer will not in any circumstances be liable to the Customer for indirect damage, including (but not limited to): i. indirect loss; or

Exclusions Clause. This clause means that the Customer might not be able to get compensation from the Retailer for some losses the Customer might suffer as a result of the Retailer’s actions. The effect of this clause may be limited by law, including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), in which case it has effect only as far as the law allows. In particular, if the Customer is a consumer under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA), the Retailer may be taken to have given the Customer certain consumer guarantees about the supply of goods or services (including gas) to the Customer. If the Retailer fails to comply with those guarantees, then the Customer may have statutory rights under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA) against the Retailer, and the limitations set out in this clause will not limit the Retailer’s liability to the Customer to the extent those statutory rights apply. Despite anything else the contract says (other than the paragraph above), and despite anything outside the contract (other than applicable laws including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA)), the Retailer will only ever be liable to the Customer for direct damage. The Retailer will not in any circumstances be liable to the Customer for indirect damage, including (but not limited to): i. indirect loss; or):