Where a claim(s) relates to both Goods and Services, the limits on our liability shall operate separately and independently of each other in respect of such Goods and Services. A party’s liability for a claim of another party will be reduced proportionately to the extent that any act or omission of the first
mentioned party or any of its officers, agents, employees or contractors causes or contributed to those liabilities, losses, damages, cost or expenses.
Term and Termination
This Contract will continue in force for the term set out in a CED or until we have fulfilled our obligations under this Contract. Either of us may terminate this Contract, on 30 days prior written notice, where the other is in material default. We may terminate this Contract with immediate effect if you become unable to pay your debts as and when they become due and payable.
We are excused from performing our obligations to the extent we are prevented by circumstances beyond our reasonable control including, but not limited to, acts of God, natural disasters, acts of war, riots and strikes.
Assignment My Info Tech Partner may at any time transfer or assign any or all of its rights, obligations, benefit or interest under this Contract.
Severability The provisions is this Contract are enforceable independently of each of the others and if a provision of this Contract is, or becomes, illegal, invalid, void or deemed unenforceable by any court of competent jurisdiction, it shall not affect the legality, validity or enforceability of any other provisions of this Contract. If any of these provisions is so held to be illegal, void, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
Variations This Contract may be varied from time to time providing that both parties agree to the variations in writing.
Waiver Failure or delay by either party to enforce any provision of this Contract shall not be deemed a waiver of future enforcement of that or any other provision, unless agreed in writing by the relevant party.
Entire Contract Where this Contract applies, it constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any prior condition, warranty, representation, statement, agreement, undertaking, indemnity (whether negligently or innocently) imposed, given or made by a party, whether written, oral or implied and may only be amended in writing and signed by both parties.
Governing Law and Jurisdiction This Contract shall be governed by the laws of Western Australia and each party submits to the non-exclusive jurisdiction of the courts of Western Australia.