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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 an agency or inspection report by any person other than the Client who obtained the report by the Client without the written approval 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 meet any obligation if the failure results directly or indirectly by a cause beyond its control.
(a) they will not (nor allow anyone acting on their behalf) to offer, provide, request or accept 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 each comply with all applicable laws associated with bribery and corruption in connection with this agreement. Any failure entitles a party to terminate this agreement upon notice to another party.
15. Debt Collection: The Client indemnifies RPC for all expenses incurred in relation to the recovery of debts owed by the Client.
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(a) obtain credit reports in respect of the Client and its related 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 allowed 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 credit account and any credit provided to a credit-reporting agency in order to obtain information or credit 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 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 the subject matter. To the extent allowed by law, RPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by RPC into the Client in writing. .
(a) RPC will not be responsible for any loss of earnings 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 supply of the solutions, the equipment or the selling 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 expense of re distribution of their merchandise.
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(c) in all other circumstances, the accountability of RPC to the Client (including in contract, negligence, tort or any published here common law or statutory right) under this agreement will not exceed check this the fees received by RPC in the Customer 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 the agreement.
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(e) This agreement is governed by the laws of the State or Territory where the Services are being given to the client and the parties submit to the jurisdiction of the courts of that 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 areas of the premises described above for the Charges (incl GST) in relation to those Pests explained in this document in accordance with these terms and conditions.