Liability for supply Clause Samples
Liability for supply. (a) The Service Provider shall indemnify the User against any Claim by a Customer (who is party to the Deemed Contract) against the User relating to the quality of, or Interruptions to, the Supply by the Service Provider, where the Service Provider would have been liable to that Customer under the Deemed Contract had that Customer claimed against the Service Provider, but only to the extent that the Service Provider would have been liable to that Customer under the Deemed Contract.
(b) The Service Provider shall indemnify the User against any Claim against the User by a Customer for breach by the User of:
(1) any guarantee which arises between the User and that Customer under Division 1 of Part 3-2 of the Australian Consumer Law; or
(2) implied conditions, warranties or terms (of a type equivalent to the guarantees set out in Division 1 of Part 3-2) implied under State legislation, which Claim arises in respect of the Supply by the Service Provider in relation to that Customer:
(3) but only to the extent that the breach of the guarantee, condition, warranty or terms has not occurred as a result of the acts or omissions of the User; and
(4) provided that this indemnity will not apply unless each of the following conditions are satisfied:
(A) the User has by its conduct and in its Retail Contract with that Customer limited or excluded its liability to that Customer for breach of any guarantee under Division 1 of Part 3-2 of the Australian Consumer Law or implied conditions, warranties or terms (of a type equivalent to the guarantees set out in Division 1 of Part 3-2) implied under State legislation to the maximum extent permitted by the Australian Consumer Law, applicable State legislation and by the Regulatory Instruments;
(B) the User has, at the Service Provider’s request, delivered to the Customer any information published by the Service Provider concerning the inherent limitations in the quality and reliability of the Supply; and
(C) the User has not agreed to supply to the Customer Distribution Services in excess of the standard of Distribution Services to be supplied by the Service Provider to the User under this Agreement.
(c) The indemnities in clauses 13.2(a) and 13.2(b) do not limit any other legal liability of the Service Provider but apply subject to the exclusions provided in sections 213, 233(1) and 233(3) of the GIA and in the Gas Safety Act 1997 and subject to any other exclusions or limitations on liability contained in relevant Regulatory ...
Liability for supply. Without limiting any other legal liability of a Distributor, subject to the exclusions provided in section99 of the EI Act and sections 119 and 120 of the National Electricity Law, the Distributor shall indemnify the Retailer against any:
(a) Claim by a Customer against the Retailer relating to the quality of, or interruptions to, the Supply by the Distributor (other than a Claim of the type referred to in clause 13.2(b)), where the Distributor would have been liable to that Customer under the Deemed Contract had that Customer claimed against the Distributor, but only to the extent that the Distributor would have been liable to that Customer under the Deemed Contract;
(b) Claim against the Retailer by a Customer for breach by the Retailer of any conditions, warranties or terms implied by Part 3-2 of Schedule 2 to the Competition & Consumer Act 2010 and equivalent State legislation in respect of the Supply by the Distributor in relation to that Customer:
(1) to the extent that the breach has not occurred as a result of the acts or omissions of the Retailer;
(2) where the Retailer has by its conduct and in its Retail Contract with that Customer limited or excluded its liability to that Customer for breach of any of the conditions, warranties or terms implied by Part 3-2 of Schedule 2 to the Competition & Consumer Act 2010 and equivalent state legislation into that Retail Contract to the maximum extent permitted by that Act and by the Electricity Law; and
(3) where the Retailer has, at the Distributor’s request, delivered to the Customer any information published by the Distributor concerning the inherent limitations in the quality and reliability of the supply of electricity.