Terms & Conditions

These terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web suite. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

Terminology

In these terms and conditions, the expressions "we", "us" and "our" are a reference to Pro AV Solutions Pty Ltd ACN 158 642 650 trading as Pro AV Solutions except where otherwise indicated.

Amendments to Terms and Conditions

We reserve the right to amend, modify, add or remove any portion or portions of these terms and conditions at any time. Amendments will be effective immediately upon notification on this web site. It is your responsibility to check these terms and conditions periodically for any changes. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Ordering Procedure                                                                                    

You may offer to purchase goods described on this web site for the price specified on this web site. Your order must contain your name, email address, credit card details and any other ordering information specified on this web site. You are personally responsible for all contracts for purchase entered into with us. You warrant that you are able to make a legally binding contract with us.

Within seven (7) days of receipt of your order, we will at out discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.

We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We give no undertaking as to the availability of products advertised on this web site. Delivery of the goods to you will be effected in the manner described on this web site. Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch. Until payment is made you are not able to use the goods purchased in any manufacturing process or otherwise change their character or incorporate them in any item without our prior written consent. You must keep the goods separate and identifiable as our goods until full payment is made. Payment must be effected in the manner described on the web site. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. We will charge interest on the daily outstanding balance of all amounts due and payable at the rate 1.5% per month from the due date until payment is received by us. In the event that you are a sold trader or trustee of a trading trust we reserve the right in addition to reliance upon the retention of title provisions referred to herein, in our sole discretion, to register a security interest in respect of any goods provided on credit in accordance with our rights pursuant to the Personal Property Securities Act 2009 and you agree to execute any and all documents to assist with the registration of the relevant security interest.

Return of Defective Goods

You are responsible for inspection of the goods on delivery. In the event you consider the goods to be faulty or defective you may contact us by emailing Pro AV Solutions within (7) seven days of the date of invoice for the goods to obtain a Returned Goods Authorisation for the goods. You may return the goods in their original packaging together with the Returned Goods Authorisation. Return of the goods will be at your own cost. We will examine any returned goods and if we determine that they are faulty or defective but are otherwise undamaged and in saleable condition, we will repair or replace the goods in accordance with the manufacturer's warranty. We will not accept any returned goods which we determine are not faulty or defective, which are damaged or otherwise unsaleable and/or which have not been returned in their original packaging together with any relevant manuals for the goods and the relevant Returned Goods Authorisation.

We will notify you whether we accept the return of any goods within a reasonable time of return. You will be responsible for all costs in redelivery of the goods (whether original or repaired and/or replacement goods).

We will not be responsible for any loss or damage to the goods occurring whilst the goods are in transit (either on return to us or upon redelivery to you of the original or repaired and/or replacement goods). We will not accept return of goods otherwise than in accordance with the above.

Returns Policy

Returns for credit of goods purchased and supplied will be accepted at the sole discretion of us. Any application or a return must be received within seven (7) days.

In certain circumstances a re-stocking charge may apply for returned goods or should goods be returned for repair and are found to be non-faulty, a service fee may be charged to you.

To be entitled to a return and for a crediting of your account the returned goods must be in a complete format with unmarked packaging and any relevant manuals for the goods included.

Second Hand Goods

In certain circumstances we sell second hand goods which have been traded in from another customer of ours. These goods will be described on the website as second hand goods which will also specify the price. As second hand goods the warranty that applies for new goods supplied under these Terms and Conditions does not apply. The only warranty that we will supply is the warranty to repair for a period of ninety (90) days from purchase.  To the extent possible we make no warranties as to the fitness or purpose and condition of the second hand goods sold under this website.

Complaints - Time Limits

Any complaint as to the goods supplied must be made in writing to us within 48 hours of delivery of the goods. Any complaint made after the expiry of 48 hours will not be accepted by us.

If the complaint by you is accepted by us, we shall have the sole discretion as to whether we replace the goods, the subject of the claim, or to credit the appropriate proportion of the purchase price of the goods relevant to the complaint.

Delivery Information

Pro AV Solutions will make every effort to ensure goods purchased from us will be delivered to customers promptly. The goods will be shipped to the address nominated by customers at the time of ordering. Please ensure this address is correct. There may be instances where an item is out of stock and we are unable to supply immediately. In this instance, you will be notified that the particular item is out of stock and provided with an estimated delivery time. Our aim is to provide our customers with a fast and efficient service, at a reasonable price.

Freight charges

Free shipping is available on selected products only. It excludes any sales items. Delivery charges may vary depending on the size and weight of an item. Pro AV Solutions will contact you to disclose any freight charges applicable prior to dispatch.

Credit Card Policy

We accept both Visa and MasterCard and do not apply a surcharge for using your credit card. Your credit card will be billed as soon as your click the ‘purchase’ button in the Check Out process. This is done to protect the security of your credit card details, as we do not store your card details at any point.

Credit Card security

All credit card details and personal information is encrypted using 128 Bit Secure Sockets Layer (SSL) technology.

International Shipping

Pro AV Solutions will only ship goods to Australian addresses or Post Office Boxes. International Shipping is not available.

Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one of more of the following:

(a) if the breach relates to goods,

(i)    the replacement of the goods or the supply of equivalent goods;

(ii)   the repair of such goods;

(iii)   the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)  the payment of the cost of having the goods repaired; and

(b) if the breach relates to services,

(i)    the supplying of the services again; or

(ii)   the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage), which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific Warnings – Web Site

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you. You warrant to us that you are of sufficient legal age to use or participate in all services and features available on the website.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site. Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods acquired from us over this web site will meet your requirements. Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright

All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively “content”) including but not limited to the design, structure, selection, co-ordination, expression,”look and feel” and arrangement of such content contained on the website is owned, controlled or licensed by or to us and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. As set out we are either the owner, controller, or Licensor of the content. In certain circumstances we will provide to customers the interface but not the computer code to enable to the customer to better deal with the system/products supplied by us. In those circumstances the customer will be asked to execute with us a Software License Agreement that can be provided upon request. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

In relation to the website or the content:

copy, reproduce, re-publish, upload, post, publically display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, products or services obtained from any part of this web site; without our  express prior written  consent.

Trade Marks

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

* in or as the whole or part of your own trade marks;

* in connection with activities, products or services which are not ours;

* in a manner which may be confusing, misleading or deceptive;

* in a manner that disparages us or our information, products or services (including this web site)

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked Web Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience and may not remain current or be maintained. Such linked websites are not under our control and accordingly we are not responsible for and we do not endorse the content of such linked websites, including any information or materials contained on such linked websites. You will need to make your own independent judgement regarding your interaction with these linked web sites. We are not responsible for the content or privacy practices associated with linked web sites. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy Policy

We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.

How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in the State of South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

To Return to the Web Site

To return to the web site, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.

 

WARRANTY AGAINST DEFECTS

WARRANTIES AVAILABLE TO YOU/LIMITATION OF LIABILITY/INDEMNITY BY US

1.     Goods with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or a refund for a major failure for compensation for any other reasonable foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and your failure does not amount to a major failure.

We do not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010) where to do so would:-

1.1  Contravene that statute;

1.2  Cause any part of this clause to be void.

2.     Subject to the following clause and to the extent permitted by the Competition and Consumer Act 2010  and all relevant State legislation, the sole obligation of us under this agreement is to use our best endeavours to provide the goods or to repair the goods or replace (at our discretion) any part of the goods which is found to be found defective during the period of one year from the date of the supply of the goods.  In no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from any loss of use of the products and any indirect, special or consequential damages or injury to any person, corporation or other entity where the product is faulty and/or where the product has failed.  We shall be under no obligation to repair or replace the goods as provided by this clause in the event that the failure arises as a result of incorrect installation of the goods or usage of the goods contrary to any and all specifications and directions given to the customer.

3.     If any of the goods are supplied to the customer as an “consumer” and of goods and services within the meaning of that term in the Competition and Consumer Act 2010 as amended or similar State legislation, the customer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which, pursuant to the Competition and Consumer Act or similar legislation is so conferred. However, if the product is not a product ordinarily acquired for personal, domestic or household use or consumption we limit our liability to payment of an amount equal to the lowest:-

3.1    The cost of replacing  the goods;

3.2    The cost of repairs of the goods;

3.3    The cost of having the goods replaced.

Where goods are subject to a warranty supplied by a manufacturer or a supplier other than us, our obligation under this agreement to repair or replace the goods shall, notwithstanding the provisions above, be limited to the terms of the applicable manufacturer’s warranties subject to the above clause which preserves certain non-excludable rights and remedies under the Competition and Consumer Act 2010 in the appropriate circumstances.

We shall indemnify the customer and save the customer harms from any loss, damage or expense (including, without limitation costs, whether or not the subject of a Court Order) incurred by the customer in respect of direct loss suffered by the customer arising solely from the failure of the goods.  We shall not indemnify the customer in respect of any loss, damage or expense incurred or suffered by the customer in respect of the failure of the goods arising from any incorrect installation of the goods or incorrect usage of the goods contrary to the terms and specifications relevant to those goods. 

It is acknowledged and agreed by the parties that the extent of the indemnity provided by us to its customer pursuant to these terms and conditions shall only extend directly to the customer and any such indemnity shall only extend to any and all damage based solely on an assessment and proof of the failure of the goods supplied by us to the customer and only any and all direct loss and/or damage associated with the goods or failure and no consequential damage whatsoever.

1.         CONSUMER GUARANTEES

Where the Contract under which the Customer purchases Goods or Services is a Consumer Contract (i.e. where the Customer is a Consumer:

1.1            The Goods and Services are supplied subject to the Consumer Guarantees;

1.2            If the Goods or Services fail to meet any Consumer Guarantee, the Customer will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded;  

1.3         The Customer may only exercise any right or remedy for breach of an Consumer Guarantee strictly in accordance with the rights and responsibilities of the Customer under the Australian Consumer Law;

1.4         where the Goods are not ordinarily acquired for personal, domestic or household use or consumption, then, unless the Company is the manufacturer of the Goods under the Australian Consumer Law, the Company’s liability for breach of a Consumer Guarantee is limited at the Company’s option to repairing or replacing the Goods, supplying equivalent goods or paying the costs of the repair or replacement of the Goods or of acquiring equivalent goods;

1.5         where the Services are not ordinarily acquired for personal, domestic or household use or consumption, then the Company’s liability for breach of a Consumer Guarantee is limited at the Company’s option to supplying the Services again or paying the costs of having the Services supplied again.

2.       MANUFACTURER’S WARRANTY

If the Company is not the actual or the deemed manufacturer of the Goods under the Australian Consumer Law, then the warranty of the actual manufacturer of the Goods is the only warranty given to the Customer in respect of the Goods and clauses 9 and 10 do not apply.

3.       COMPANY WARRANTY

3.1         Nothing in this clause affects the Customer’s rights under the Australian Consumer Law.  The benefits to the Customer under the Company Warranty are in addition to the rights and remedies of the Customer under any Consumer Guarantees.

3.2         Subject to clause 3.1, the Company warrants that:

3.2.1      the Goods will be free of manufacturing defects and will perform to the Company’s specifications;

3.2.2      the Services will be supplied with due care and skill and will comply with the Company’s specifications or service standards for the Services subject to the following clauses.

3.3         The benefit of the Company Warranty extends only to the Customer and not to any subsequent owner or user of the Goods or other party benefiting from the Services.

3.4         The Company Warranty:

3.4.1      in respect of Goods, commences on the date of delivery of the Goods and continues for a period of one year from that date (“Goods Warranty Period”);

3.4.2      in respect of Services, commences on the date of delivery of the Services and continues for a period of 90 days from that date (“Service Warranty Period”).

3.5         If within the Goods Warranty Period a manufacturing defect is discovered in the Goods or the Goods fail to perform to the Company’s specifications as a result of some defect in materials or workmanship in the Goods, then the Company will, at its option, repair the Goods or supply replacement Goods at no cost to the Customer or refund the purchase price paid by the Customer.

3.6         The Company Warranty will not apply to:

3.6.1      normal wear and tear suffered in respect of Goods; or

3.6.2      consumable components or parts of Goods such as projector lamps, filters and other components and parts which have a limited lifespan.

3.7         The Company Warranty will not apply to Goods:

3.7.1      used otherwise than in accordance with normal and intended use; or

3.7.2      subjected to misuse, neglect, negligence or accidental damage; or

3.7.3      subjected to power surges, inundation, excessive heat or other abnormal climate conditions; or

3.7.4      operated or maintained in any way contrary to any operating or maintenance instructions; or

3.7.5      installed, repaired or maintained by any person other than a qualified tradesperson; or

3.7.6      improperly handled, installed, repaired or maintained; or

3.7.7      altered or modified after delivery; or

3.7.8      used after any defect becomes reasonably apparent; or

3.7.9      in respect of which any serial number of the Company or the manufacturer is altered or removed.

3.8         If within the Service Warranty Period it is discovered that the Services were not supplied with due care or skill or did not comply with the Company’s specifications or service standards for the Services, the Company will, at its option, resupply the Services free of charge or refund the purchase price paid by the Customer.

The Australian Consumer Law requires the inclusion of the following statement with the Company Warranty in any Consumer Contract:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4.       CLAIMING UNDER THE COMPANY WARRANTY

4.1         In order to make a claim under the Company Warranty, the Customer must:

4.1.1      return to the place of purchase of the Goods and/or Services or contact the Company by:

4.1.1.1    calling 1300 AV CARE; or

4.1.1.2    emailing to [info@proavsolutions.com.au];

4.1.2      provide all information requested by the Company in respect of the claim including:

4.1.2.1    a detailed description of the defect or fault in the Goods or Services;

4.1.2.2    the Customer’s contact details (including postal address, email address and telephone numbers at which the Customer can be contacted during usual business hours);

4.1.3      subject to clause 4.2, return to the place of purchase of the Goods and/or Services or send to the address for service of the claim specified by the Company:

4.1.3.1    a copy of the invoice or other proof of purchase of the Goods or Services; and

4.1.3.2    where relevant, the defective or faulty Goods together with all accessories, instructions, specifications or other material supplied with the Goods.

4.2         The Company may at its discretion, dispense with the requirement for the Customer to return Goods to the Company under clause 4.1.3 and instead, attend the Customer’s premises to assess and determine the Customer’s claim. In such case, the Customer must:

4.2.1      allow the Company access to the Customer’s premises and facilities between the hours of 6.00am and 6.00pm any day of the week; and

4.2.2      provide the Company with any information or other assistance the Company reasonably requests for the above purpose.

4.3         The Company will consider the Customer’s claim under the Company Warranty and where relevant, examine any returned Goods and determine whether the Company accepts the Customer’s claim under the Company Warranty.

4.4         The Company will notify the Customer whether it accepts the Customer’s claim under the Company Warranty within a reasonable time of its determination.

4.5         The Company will not accept any claim under the Company Warranty where the claim is not made strictly in accordance with the Company Warranty.

4.6         Where the Company accepts the Customer’s claim under the Company Warranty, the Company will at its option:

4.6.1      repair or replace the Goods; or

4.6.2      resupply the Services; or

4.6.3      refund the purchase price paid by the Customer in accordance with the Company Warranty.

4.7         The Customer will be responsible for all costs of returning Goods to the Company and for redelivery of the Goods (whether original or repaired and/or replacement Goods) by the Company and any other expenses of the Customer in claiming under the Company Warranty.

4.8         Whilst the Company will take all reasonable steps to prevent any loss of data, corruption or system failure in respect of any Goods returned to the Company, the Customer must carry out appropriate back-up copies of all relevant data and systems prior to the return of Goods.

4.9         The Company will not be responsible for:

4.9.1      any loss or damage to the Goods occurring while the Goods are in transit (either on return to the Company or upon redelivery to the Customer of the original or repaired and/or replacement Goods);

4.9.2      any delay in determining the Customer’s claim under the Company Warranty or providing the Customer with any remedy under such claim; or

4.9.3      any loss of data, corruption or system failure in respect of data or systems installed on the Goods.

4.10       Where the Company rejects the Customer’s claim under the Company Warranty, the Customer must pay all reasonable costs of the Company in assessing and determining the Claim.

4.11       The Company’s determination as to the cause of any defect in Goods or Services supplied is conclusive.

4.12       The Company may at its discretion repair or replace any defective components or parts with refurbished components or parts, or may replace defective components or parts with alternative components or parts with the same or similar specifications.

4.13       Any Goods, components or parts which are replaced under the Company Warranty become the property of the Company.

5.       GENERAL LIMITATIONS ON LIABILITY

5.1         This clause does not limit the liability of the Company under Consumer Contracts.

5.2         The Company shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any Goods and/or Services unless expressed in writing and signed on behalf of the Company and any such warranty or representation shall be limited to its express terms.

5.3         None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.

5.4         The Company’s liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any such Contract is limited at the option of the Company to repairing or re-supplying Goods and/or Services which have been found defective, or, paying the cost of repairing or re-supplying Goods and/or Services which have been found defective.

5.5         The Company is not liable in tort for any loss or damage suffered by the Customer or any third party.

5.6         In no circumstance whatsoever shall the Company be liable to the Customer or to any third party for any loss of data or profits, loss of anticipated savings, economic loss or interruption of business or for any indirect or consequential loss (“Consequential Loss”) arising out of the Customer’s failure to comply with its responsibilities under clause 4.7 or out of the late delivery of Goods and/or Services or any failure to perform or observe the Company’s obligations under any Contract or Implied Terms and the Customer will keep the Company fully indemnified against any claim made against the Company by a third party for any Consequential Loss.