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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5740
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Is a Limitation of Liability clause enforceable in all states

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Is a Limitation of Liability clause enforceable in all states in Australia? The clause is part of a support agreement to provide support services in Australia (from OnCall Group, which is me), to a UK based software company (Halcyon):
"In no event, whether based in contract or tort, shall OnCall Group be liable for any special, incidental, or consequential damages of any kind, or for loss of profits, loss of business or goodwill, loss of use or of data, or interruption of business arising out of or in connection with this Agreement or the sale, installation, use, performance, failure or interruption of Halcyon products."

Yes, it would be enforceable in all states.

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