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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 full indemnity basis) which RPC may incur as a consequence of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report by the Customer 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 meet any obligation if the failure results directly or indirectly from a cause beyond its control.
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or take any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
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(b) they will comply with all applicable laws associated with 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 Customer indemnifies RPC for all expenses incurred in relation to the recovery of debts owed by the Customer.
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(a) obtain credit reports in regard to the Client and its associated entities out of credit-reporting agencies;
(b) seek and/or disclose information about the Client and its associated entities (including any information about their credit worthiness, credit history, standing or ability ) which credit suppliers 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 charge account and any credit provided to a credit-reporting agency in order to obtain information or charge reports;
(d) disclose information including identity particulars, 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 regarding the Customer and its related entities to any person considering acting as a guarantor of their Client.
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 concerning its 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 form of indirect or consequential loss arising out of or in connection with this agreement, the distribution of these services, the equipment or the sale of any goods.
(b) in which a claim relates to a guarantee or warranty under the Australian Consumer Law, RPCs total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, 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 goods, the resupply of the prices or the cost of re supply of the merchandise.
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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 look these up agreement will not exceed the fees received by RPC in 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 the State or Territory in which the Services are being given to the client 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 provide a Residential Pest Control Inspection and Treatment (the Service) in the specified regions of the premises described above for the Charges (incl GST) in relation to those Pests click for more described in this document in accordance with these terms and conditions.