Disclaimer

The strata reports provided by Trachtenberg Strata Reporting Services, are subject to the terms and conditions set out below.

Exclusion of liability

Trachtenberg Strata Reporting Services (“TSRS”) and its subsidiaries shall not be liable in any way for any direct, indirect or consequential loss, damage or expense (including legal costs) arising in any way out of:

the supply or omission to supply, or delay in supplying, any services including, without limitation, the conduct and supply of strata reports;

any negligent conduct or omission of TSRS, including without limitation, any error recorded in any strata report or otherwise in connection with any other services supplied or performed by TSRS: or

any implied conditions and warranties which relate to the supply or performance of services by TSRS.

Certain liability not excluded

Any conditions and/or warranties implied by statute, general law or custom which are applicable to any services performed or provided by TSRS are hereby excluded except any implied condition or warranty the exclusion or limitation of which would contravene any statute (including the Trade Practices Act 1974 (Cth) or cause any part of this disclaimer to be void (“non-excludable condition”).

Limitation of liability

The liability of TSRS under any non-excludable condition shall be limited in the absolute discretion of TSRS to:

in the case of services, the supply of the relevant services again or payment of the costs of having the relevant services supplied again; and

in the case of goods, the repair or replacement of those goods or the payment of the cost of having the goods repaired or replaced.

Exclusions extend to agents

Every exclusion from or limitation of liability applicable to TSRS extends to every officer, employee or agent of TSRS, and to any contractor engaged by TSRS to perform or provide any services.