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DISCLAIMER
No warranties
This website is provided “as is” without any representations or warranties, express or implied. R & D Total Clean makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, R & D Total Clean does not warrant that:
l this website will be constantly available, or available at all; or
l the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
R & D Total Clean will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
l to the extent that the website is provided free-of-charge, for any direct loss;
l for any indirect, special or consequential loss; or
l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if R & D Total Clean has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit R & D Total Clean liability in respect of any:
l death or personal injury caused by R & D Total Clean negligence;
l fraud or fraudulent misrepresentation on the part of R & D Total Clean or
l matter which it would be illegal or unlawful for R & D Total Clean to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, R & D Total Clean has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against R & D Total Clean officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect R & D Total Clean officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as R & D Total Clean.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
This website disclaimer
This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com
The Hirer acknowledges that the hire of any linen from R & D Total Clean, here after referred to as (“the Owner”) is subject to the following hire conditions:-
1. All terms and conditions contained in this document represent the entirety of the Agreement between the Hirer and the Owner;
2. All hire linen supplied by the Owner shall at all times remain the property of the Owner;
3. The Hirer agrees to pay hire charges as invoiced by the Owner;
4. The Hirer agrees to pay the Owner for any linen lost, returned damaged or incomplete during the hire period at full replacement cost;
5. In the event that the Hirer fails to pay the hire charges as invoiced or to return the linen at the cessation of the hire period, the Owner shall be entitled to claim loss of profits due to the failure to return the linen and any costs associated with it’s recovery;
6. The Hirer must notify the Owner of any changes of address within 48 hours of the Hirer changing address;
7. The Owner is entitled to recover their additional laundering expenses, should staining be intentional;
8. The Hirer is responsible for insuring the linen at all times whilst the linen is in possession or control of the Hirer;
9. No warranty is given by the Owner in respect of the condition of the linen hired or it’s suitability for any particular purpose implied or otherwise;
10. The Owner reserves the right to change the hire rate without notice;
11. The Owner reserves the right to charge a bond on all linen hired. The bond will be returned to the Hirer upon the Owner’s satisfaction that the linen has been returned in a working order;
12. The Owner offers free delivery within the Pacific Palms area excluding camping areas accessible only by four wheel drives;
13. All cancellations must be made at least 24 hours prior to the delivery or prior to the anticipated delivery date. Should less than 24 hours notice be given, the Owner reserves the right to impose a late cancellation fee of 50% of the value of the order;
14. The Hirer will be responsible to pay the total hire charges for the full hire period of no less than 7 days;
15. The Owner does not accept any responsibility or liability for any injury, damage or loss caused to any person or persons or property belonging to the Hirer or any third party arising from the use of the hire linen. Notwithstanding how such injury may have arisen, it is the Hirer’s sole responsibility to ensure that the hired linen is appropriate for the Hirer’s intended use;
16. Should a Court of competent jurisdiction find that any term or condition of this agreement is found to be void or unenforceable by law, then the invalidity or un enforceability of the term or condition will not effect any other term of condition of the agreement;
17. This contract is governed by and construed in accordance with the law of the New South Wasles Indemnity Clause;
18. The Hirer shall indemnify the Owner, the Owner’s employees and agents from loss, damage, injury, actions or claims arising either directly or indirectly from use, maintenance, transport or operation of the hired linen or otherwise.
19. The Owner is not liable to the Hirer or Hirer’s servants or agents for any loss, damage, injury, actions or claims arising either directly or indirectly from any representations, warranties, terms or conditions expressed or implied for the use, maintenance, transport or operation of the hired linen or otherwise, whether resulting from the negligence of the Owner, the Owner’s employees, agents or otherwise.
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