[4] For the purposes of the above, we shall rely solely on your instruction and direction and the information you provide. We shall not be liable for any loss or damage which arises due to the instructions or information supplied to us, including incorrect or inaccurate information.
Mercedes-Benz Road Care is offered by Mercedes-Benz Australia/Pacific Pty Ltd (Mercedes-Benz), ABN 23 004 411 410. Mercedes-Benz Road Care service is provided by Assist Australia Pty Ltd ABN 59 072 530 217. All information contained herein is correct at the time of publishing (July 2024). For more information, please call 1300 762 718.
Third Party Services - Many of the services provided under this program are supplied by third parties (Third Party Services). In this regard we will use our reasonable endeavours to arrange these services for you however cannot guarantee these will always been available. We will advise you if a Third Party Service is unavailable or may be subject to delay. To the fullest extent permitted by law: (a) our liability in all circumstances will be limited to our direct act and omissions and shall not extend to the supply or provision of such Third Party Services (b) we shall not be liable for any contingent, indirect or consequential loss resulting from the program; (c) we shall not be liable for any loss or damage arising from the acts or omissions of any third party; and (d) our total liability under this program is limited to the total annual amount paid by the Customer under the Program. If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause that provision is to be severed to the extent necessary, and the rest of this document remains in full force and effect.
Force Majeure Event- MBAuP is excused from performing its obligations under this Road Care Plan to the extent that MBAuP is prevented (or performance is made impractical) by a Force Majeure Event. During a Force Majeure Event, this Road Care Plan will remain in effect but MBAuP will not be in default for failure to perform. MBAuP will promptly notify you of any occurrence of a Force Majeure Event and how it impacts the Road Care Plan. “Force Majeure Event” means anything outside the reasonable control of a party, including (a) an act of God, lightning, fire, storm, explosion, flood, landslide, peril of sea or air, bushfire, volcano or earthquake; (b) strikes or other industrial action whether in Australia or overseas; (c) an act of public enemy, war (declared or undeclared), terrorism, piracy, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic; (d) disease, epidemics, pandemics, plague, advice of the World Health Organisation; (e) any act or omission of a wharf or port authority, a government authority or agency or a shipping or transportation company; (f) the effect of any change in law; and (g) an embargo or power shortage.