In addition to any applicable legislation, these Condition of Sales state:
(a) The entire liability of each party to the other; and
(b) The extent of each party’s liability for any Claim.
"BCSY" does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this agreement to be void ("Non-excludable Condition")
"BCSY" total liability to Customer:
(a) For a breach of an express term of these Condition of Sales is limited to refunding the amount paid by Customer for the Products of Services in respect of which the breach occurred; and
(b) For a breach of any Non-excludable Condition (other that one implied by s69 of the Trade Practices Act 1974) is limited, at "BCSY"’ option, to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing or replacing, the Products or supplying again, or paying the cost of supplying again the Services in respect of which the breach occurred.
(a) All conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition;
(b) All liability to Customer in contract for consequential or indirect damages arising out of or in relation to Products or Services or any delay or other failure in supplying any Products or Services or these Condition of Sales even if:
(i) "BCSY" knew they were possible; or
(ii) They were otherwise foreseeable, including without limitation, lost profits and damage suffered as a result of claims by any third person, such as a customer of Customer; and
(c) All liability to Customer in tort (including without limitation, negligence) and bailment for acts or omissions of "BCSY", its employees, agents and subcontractors arising out of or in relation to Products, Services or any delay or other failure in supplying any Products or Services or these Condition of Sales.