New Zealand Gazette – 2003 – No. 151

Page 4261

✨ Contractual Obligations and Liabilities



7 NOVEMBER NEW ZEALAND GAZETTE 4261

d. both of us agree to continue to comply with all our obligations under this
Notice until the dispute is resolved, but payments may be withheld to the
extent that they are disputed.

C16.2 Clause C16.1 will not apply to any dispute:

a. as to whether or not any person is an Eligible Person;

b. concerning any negotiation in relation to a variation of this Notice under
clause C19;

c. directly or indirectly arising from any matter which has been referred to a
Complaints Body unless the Complaints Body directs otherwise; or

d. arising from a review of this Notice under clause A5.

C16.3 If we determine that a dispute under clause C16.1 is of general or national application,
then we may choose to address that dispute with a Representative Body, in
accordance with the same procedure as is set out in clause C16.1.

C17 OUR LIABILITY

C17.1 We are not liable to you for any claims, damages, penalties, losses or any other costs
you may incur in providing the Services.

C18 UNCONTROLLABLE EVENTS

C18.1 Where either of us is affected by an Uncontrollable Event either party will not be in
default under the terms and conditions of this Notice if the default is caused by that
Uncontrollable Event. The party affected agrees to:

a. promptly give written notice to the other specifying:
i. the cause and extent of that party's inability to perform any of that
party's obligations; and

ii. the likely duration of the non-performance;

b. in the meantime take all reasonable steps to remedy or reduce the impact of
the Uncontrollable Event.

C18.2 Neither of us is obliged to settle any strike, lock-out or other employment disturbance.

C18.3 We both agree that performance of any obligation affected by an Uncontrollable
Event will be resumed as soon as is reasonably possible after the Uncontrollable
Event ends or its impact is reduced.

C18.4 If you are unable to provide any Services as a result of an Uncontrollable Event we
may make alternative arrangements suitable to us after we Consult with you.



Next Page →



Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2003, No 151


Gazette.govt.nz — PDF NZ Gazette 2003, No 151




✨ LLM interpretation of page content

🏥 General Terms and Conditions for Oral Health Services (continued from previous page)

🏥 Health & Social Welfare
Contractual obligations, Dispute resolution, Liability, Uncontrollable events