Common use of Liability for supply Clause in Contracts

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 Instruments including without limitation section 316 of the National Energy Retail Law. (d) The User must demonstrate to the Service Provider its compliance with its obligations under clauses 13.2(b)(4)(A), 13.2(b)(4)(B) and 13.2(b)(4)(C) on reasonable request of the Service Provider from time to time. (e) The liability of the Service Provider under this clause 13.2 shall be reduced to the extent that the User has caused or contributed to the Claim. (f) A Claim under this clause 13.2 will be a Claim for the purposes of clause 13.9(a). (g) This clause 13.2 does not apply to the User to the extent it is acquiring Distribution Services from the Service Provider as an End-User.

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) 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, 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) and 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) and 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 Instruments including without limitation section 316 of the National Energy Retail Law. (d) . The User must demonstrate to the Service Provider its compliance with its obligations under clauses 13.2(b)(4)(A), 13.2(b)(4)(B) and 13.2(b)(4)(C) on reasonable request of the Service Provider from time to time. (e) . The liability of the Service Provider under this clause 13.2 shall be reduced to the extent that the User has caused or contributed to the Claim. (f) . A Claim under this clause 13.2 will be a Claim for the purposes of clause 13.9(a). (g) . This clause 13.2 does not apply to the User to the extent it is acquiring Distribution Services from the Service Provider as an End-User. The Service Provider may not rely on clause 13.2(b)(4)(A) of this Agreement to exclude any liability of the Service Provider to the User for any Claim made against the User by a Customer, to the extent that, at the time the User entered into its contract with the Customer, the User was prohibited by law (including the Regulatory Instruments) from including in that contract a provision which excluded the User from liability for that Claim. Clause 13.2(b)(4)(A) shall not apply in relation to any Customer to whom the User sells Gas under a contract executed before the Commencement Date to the extent that the contract does not exclude the User from the warranties, terms and conditions described in clause13.2(b)(4)(A).