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12. Indemnity: To the extent allowed by law, the Client will indemnify RPC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a complete indemnity basis) that RPC could incur as a consequence of any reliance placed on the content of an agency or inspection report by any person other than the Customer who obtained the report from the Customer without the written consent of RPC, except to the extent any loss or damage results from 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 by a cause beyond its control.
(a) that they will not (nor allow anyone acting on their behalf) to offer, 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 related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles a party to terminate this agreement upon notice to the other 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 Customer and its related entities out of credit-reporting agencies;
(b) seek and/or disclose information about the Customer and its associated entities (including any information about their credit worthiness, credit history, standing or capacity) which credit providers are permitted by the Privacy Act 1988 to provide, obtain or get;
(c) disclose information about the application for credit under this agreement and, if the application is successful, Concerning the credit account and any credit provided to a credit-reporting agency in order to obtain information or credit reports;
(d) disclose information including identity details, the fact that the Client has applied for credit and details of payments which are overdue more than sixty (60) days to credit-reporting agencies and other credit providers; and
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(e) disclose information about the Client and its associated entities to any person considering acting as a guarantor of the Customer.
17. Entire Agreement: This agreement supersedes and replaces all previous agreements between the parties in relation to pest control providers and contains the entire agreement between them as to the subject matter. To the extent allowed by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be reached by RPC to the Customer in writing. .
(a) RPC will not be responsible 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 the services, the equipment or the selling of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, RPCs total aggregate liability to the Client under or in relation to this agreement (including in contract, negligence, click now tort or any common law or statutory right) is restricted at RPC option to:
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(I) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to products, the resupply of their prices or the expense of re supply of the goods.
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(c) in all other circumstances, the liability 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 from the Client pursuant to the agreement.
(c) If any provision of this agreement is illegal, invalid or unenforceable it might be severed without affecting the enforceability of the other provisions.
(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 the agreement.
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(e) This agreement is governed by the laws of this State or Territory in which the Services are being given 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 areas of the assumptions described above for the Fees (incl GST) in relation to these Pests explained other in this document in accordance with these terms and conditions.