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12. Indemnity: To the extent permitted 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) which 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 Client who obtained the report by the Client 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 let 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 each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure entitles a party to terminate this agreement upon notice to the party.
15. Debt Collection: The Customer 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 associated 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 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 charge 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 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 liable for any loss of profits or revenue, loss of business, wasted expenditure or any Get More Information kind of indirect or consequential loss arising out of or in connection with this agreement, the supply of these services, the equipment or the selling of any merchandise.
(b) in which 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, 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 ceremony; or
(ii) in relation to claims relating to products, the resupply of the prices or the expense of re distribution of the merchandise.
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(c) in all other circumstances, the accountability of RPC to 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 in the Client pursuant to the 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 in which the Services are being provided to the Customer 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 supply a Residential Pest Control Inspection and Treatment (the Agency ) at the specified regions of the premises described above for the Charges (incl GST) in relation to these Pests described in this document in accordance with these terms and conditions.