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12. Indemnity: To the extent allowed by law, the Customer will indemnify RPC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a complete indemnity basis) that RPC may incur as a consequence of any reliance placed on the content of a service or inspection report from any person other than the Customer who obtained the report by the Client without the written approval of RPC, except to the extent any damage or loss is caused by RPC or its Personnel. .
13. Force Majeure: RPC shall not be responsible for failure to fulfill any obligation if the failure results directly or indirectly from a cause beyond its control.
(a) they will not (nor let anyone acting on their behalf) to provide, provide, request or take any undue financial or other advantage of any kind in any manner connected with entry into this agreement; and
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(b) they will each comply with all applicable laws associated with bribery and corruption in connection with this agreement. Any failure to abide by this clause entitles a party to terminate this agreement upon notice to the party.
15. Debt Collection: The Client indemnifies RPC for all expenses incurred in relation to the recovery of debts.
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(a) obtain credit reports in respect of the Client and its associated entities from credit-reporting agencies;
(b) seek and/or disclose information about the Client and its related entities (including any information about their credit worthiness, credit history, standing or ability ) which credit suppliers are permitted by the Privacy Act 1988 to supply, obtain or get;
(c) disclose information about the application for credit under this agreement and, if the application is successful, Concerning the charge account and any credit provided to a credit-reporting agency in order to obtain information or charge reports;
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(e) disclose information regarding the Customer and its related entities to any person considering acting as a guarantor of their Customer.
17. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to the subject matter. To the extent permitted by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be reached by RPC to the Client in writing. .
(a) RPC will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any kind of indirect or consequential loss arising out of or in connection with this agreement, the distribution of these solutions, the equipment or the sale of any merchandise.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, RPCs total aggregate liability to the Customer address under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at RPC option to:
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(I) in relation to claims relating to services, the resupply of the services or the prices of resupply of the ceremony; or
(ii) in relation to claims relating to products, the resupply of the prices or the cost of re supply of their merchandise.
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(c) in all other circumstances, the accountability of RPC into the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by RPC in the Client pursuant to this agreement.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
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(e) This agreement is governed by the laws of the State or Territory where the Services are being provided to the Customer and the parties submit to the jurisdiction of the courts of the State or Territory.
1. Rentokil Pest Control (QLD) Pty Ltd ABN 38 125 713 108 trading as Rentokil Pest Control (RPC) agrees to supply a Residential Pest Control Inspection and Treatment (the Agency ) at the specified regions of the premises described above for the Fees (incl GST) in relation to these Pests described in this document in accordance with these terms and conditions.