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15. General

15.1 The failure by Cedar to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Cedar’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of there maining provisions shall not be affected, prejudiced or impaired.

15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria in whichCedar has its principal place of business, and are subject to the jurisdiction of the Melbourne Courts in that state.

15.3 Subject to clause 10 Cedar shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Cedar of these terms and conditions (alternatively Cedar’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

15.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Cedar nor to withhold payment of any invoice because part of that invoice is in dispute.

15.5 The Customer agrees that Cedar may amend these terms and conditions at any time. If Cedar makes a change to these terms and conditions, then that change will take effect from the date on which Cedar notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Cedar to provide Goods to the Customer.

15.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

15.7 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

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