Parkmate PM-82A, User Manual, Page: 11 / 16

9
STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR
GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER
LAW, CANNOT BE EXCLUDED.
LIMITATIONS OF PARKMATE LIABILITY
UNDER NO CIRCUMSTANCES WILL PARKMATE BE LIABLE IN
ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED
TO, THE LOSS OF CONTENT, ANY ERRORS OR OMISSIONS
IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED IN CONNECTION WITH USE OF OR EXPOSURE
TO ANY CONTENT POSTED, EMAILED, ACCESSED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
PARKMATE APP.
PARKMATE LIABILITY FOR DAMAGES, ESPECIALLY
FOR BREACH OF DUTY OR OBLIGATION, DELAY
IN PERFORMANCE, NON-PERFORMANCE, OR
MALPERFORMANCE SHALL BE PRECLUDED, EXCEPT
WHEN THESE ARE DUE TO NEGLIGENT BREACHES OF ANY
SIGNIFICANT CONTRACTUAL DUTY OR OBLIGATION ON
THE PART OF PARKMATE. ANY LIABILITY FOR NEGLIGENCE
IS LIMITED TO DIRECT LOSSES USUALLY AND TYPICALLY
FORESEEABLE IN SUCH CASE. SHOULD THE CLAIM FOR
DAMAGES BE BASED ON WILLFUL OR GROSSLY NEGLIGENT
BREACH OF CONTRACTUAL DUTY OR OBLIGATION ON THE
PART OF PARKMATE, THE PRECLUSION AND LIMITATION OF
LIABILITY MENTIONED IN THE PRECEDING SENTENCES WILL
NOT APPLY. THE PRECEDING PRECLUSION AND LIMITATION
OF LIABILITY WILL ALSO NOT APPLY TO CLAIMS FOR
DAMAGES ARISING OUT OF LOSS OF LIFE, BODILY INJURY
OR HEALTH IMPACTS FOR WHICH PARKMATE MAY BE LIABLE,
OR FOR NON-CONTRACTUAL LIABILITY.
SOME STATES AND COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. ADDITIONALLY,
THIS PROVISION IS NOT INTENDED TO LIMIT PARKMATE'S
LIABILITY IN THE EVENT OF PARKMATE'S WILLFUL OR
INTENTIONAL MISCONDUCT.