In no event shall the RTA be responsible for any action or omission of the
Provider hereunder. Without limitation, the RTA shall not be held liable in
the event that a permit authorizing the Client to operate a vehicle equipped
with an ignition interlock device is not issued or, having been issued, is
subsequently revoked.
Notwithstanding anything to the contrary in this Agreement, the Client
expressly authorises and consents that if this agreement ends or is
terminated, or Provider otherwise ceases to be an Accredited Interlock
Service Provider for any reason, then Provider will need to remove then
current Approved Interlock Devices and, at the Participant's cost, the
Participant will need to enter into a new Standard Contract with a new
provider for interlock services.
The Provider reserves the right to review these terms and conditions from
time to time. If, following any such review, there are changes in such terms
and conditions, that change will take effect from the date the Provider
notifies the Client of such change.
12. Loss Protection Plan (Optional)
The Client acknowledges and accepts financial responsibility for and
damage to or loss of the System, however caused, provided that upon
payment of the Loss Protection Plan fee, the Client's financial responsibility
for damage to or loss of the System shall be limited to a maximum of
$500.00 per occurrence. Notwithstanding the foregoing, purchase of the
Loss Protection Plan shall not limit the Client's financial responsibility for
damage to or loss of the System caused by a wilful act or omission on the
part of the Client or other permitted users of the Vehicle. The Client must
present a copy of the police report, along with any other evidence of loss,
and pay the liability limit up to a maximum of $500.00 within 72 hours of
loss. If the Client declines the Loss Protection Plan the Client is responsible
for any loss or damage to the System to a maximum of $1,300.00 (Inc GST)
in the event of a complete loss.
13. Complaints
Complaints will be handled in accordance with the established Guardian
Complaints Handling Policy.
14. Legal Construction
These terms and conditions are to be governed and interpreted according
to the laws of New South Wales and the Provider and the Client consent
and submit to the jurisdiction of the Courts of New South Wales which is
where the head office of the Provider is located.
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