17.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
17.3 The Funeral Director shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Funeral Director of these terms and conditions, except to the extent any loss/and or expense that is subject and relating to the consumer guarantees provisions set out in the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010), other relevant legislation or the Client’s common law rights.
17.4 In the event of any breach of this contract by the Funeral Director the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Funeral Director exceed the Price of the Goods. However, this does not limit a client’s right to his or her rights to compensation or similar recourse in a court of competent jurisdiction.
17.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Funeral Director.
17.6 The Funeral Director may license or sub-contract all or any part of its rights and obligations without the Client’s consent. However, the client’s consent will be obtained if his or her rights or obligations result in a change in circumstances outside these terms and conditions.
17.7 The Funeral Director, as an agent in performing Services for the Client, acts solely on behalf of the Client in securing services by establishing contracts with third parties so that direct and/or indirect contractual relationships are established between the Client and such third parties. The Funeral Director shall not be liable for the acts and omissions of such third parties.
17.8 The Funeral Director reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Funeral Director notifies the Client of such change.
17.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.10 The failure by the Funeral Director to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Funeral Director’s right to subsequently enforce that provision.