Export Control and Limitations of Use
10.1 Certain products sold by OIC are subject to export control regulations of Australia, New Zealand, United Kingdom, European Union, United States of America and other countries (“Export Laws”). The Customer shall comply with all such Export Laws and obtain any licence or permit required to transfer, export, re-export or import the products.
10.2 The Customer shall not, directly or indirectly, sell, permit to be sold, dispose of, export, re-export or otherwise provide products to any country or entity under sanction or embargo administered by Australia, New Zealand, United Kingdom, European Union, United States of America or other country.
10.3 The Customer certifies that products purchased from OIC will not be used, sold or incorporated into products used directly or indirectly in the design, development, production or use of chemical, biological or nuclear weapons, delivery vehicles and systems of the same or in the development of any weapons of mass destruction.
10.4 Products sold by OIC are not recommended or authorised for use in life support, surgical implantation, nuclear or aircraft applications or for any use or application in which the failure of a single component could cause substantial harm to persons or property.
10.5 Classifications of product for export purposes, including Harmonised Tariff codes, are made for internal use by OIC only. Such information is provided by OIC in good faith based on the information available to it at the time of compilation. OIC makes no warranty or representation that such information is up to date or correct, and shall not be liable to the Customer for any form of loss or damage suffered by the Customer as a result of reliance upon such information. Use of the information is done so at the Customer’s own risk with no recourse to OIC. The Customer is responsible for ensuring compliance with all applicable export legislation, including determining the correct classification of an item at the time of any onward export.
Liability
11.1 OIC shall not be under any liability for damage, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits, business or economic loss, depletion of goodwill, costs (including legal costs), claims, demands, proceedings, judgments or otherwise resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the OIC technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
11.2 OIC shall not be liable for economic loss, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with:
- i. any express or implied terms of the contract between OIC and the Customer, or of any order accepted by OIC;
- ii. any duty of any kind imposed on OIC by law arising out of or in relation to the contract between OIC and the Customer or order;
- iii. any defect in the products or services;
- iv. intellectual property rights infringement; or
- v. any other loss whatsoever arising out of these terms and conditions of sale.
11.3 If, not withstanding any other provisions in these terms and conditions of sale including without limitation clauses 9 (Warranties and Remedies), 10 (Export Control and Limitations of Use) and 11 (Liability), any liability attaches to OIC, OIC’s liability to the Customer arising out of or in connection with these terms and conditions of sale or any order whether in contract, tort or otherwise in respect of one or more of:
- i. any express or implied terms of the contract between OIC and the Customer, or of any order accepted by OIC;
- ii. any duty of any kind imposed on OIC by law arising out of or in relation to the contract between OIC and the Customer or the order;
- iii. any defect in the products or services;
- iv. intellectual property rights infringement; or
- v. any other loss whatsoever arising out of these terms and conditions of sale;
shall be limited in the aggregate to $100,000 or the total value of the order, whichever is greater.
11.4 Nothing in these terms and conditions of sale (including without limitation this clause 11) shall exclude or limit the liability of OIC for death or personal injury caused by the negligence of OIC or its employees, agents or sub-contractors, or for fraud or anything else which cannot by law be limited or excluded.