SAFEGUARD SAFES PTY LTD – TERMS AND CONDITIONS
- Our website (Site) is operated by Safeguard Safes Pty Ltd (ABN 88 257 974 587) as trustee for Nettway Trust (we, our or us). It is available at: https://www.safeguardsafes.com.au and may be available through other addresses or channels.
- If you access and/or use the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with the Terms.
- If you request for us to provide the products and/or services to you as described on our Site and/or any quote issued by us to you for the products and/or services (Quote), you accept these Terms by:
- making an order for the products and/or services on our Site;
- confirming (whether in writing (including by email) or orally) any Quote provided by us to you;
- instructing us (whether in writing (including by email) or orally) to proceed with the provision of the products and/or services; or
- paying, in part or in full, the purchase price for the product and/or services.
2. Collection Notice
- We may disclose that information to third party service providers who help us deliver our products or services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators, independent contractors and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products or services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
- You may order products or services from us as set out on the Site.
- You may also order the products (including custom-made products) or services by contacting us directly. If you wish to make an order for and on behalf of the Australian Government, you may also send us a purchase order form.
- If you wish to order a custom-made product, we will discuss the specifications of your desired custom-made product. If we have the capability to provide the custom-made product, we will provide you with a Quote for the custom-made product.
- You acknowledge and agree the following:
- Any order placed through the Site is an offer by you to purchase or hire a particular product or service (or products or services) for the specification set out on the Site and the price notified at checkout on the Site, as well as any additional costs set out in these Terms, at the time you place your order. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- The provision of a Quote by us to you, is an offer by us to you to purchase or hire the product (including custom-made product) or services for the price and specifications set out in the Quote. You may accept the Quote as set out in clauses 1(c)(2), 1(c)(3) or 1(c)(4).
- Each order that we accept, or Quote that you accept, results in a separate binding agreement between you and us for the supply of products (including custom-made products) or services in accordance with these Terms.
- It is your responsibility to check the details set out in the order or Quote, including selected products, custom-made products or services, their pricing and specifications (including weight and measurements), before you submit your order through the Site or accept the Quote. You agree that any price set out in the order or Quote may be subject to additional costs, as set out in these Terms. We aim to display the products on the Site as accurately as possible, however, they may appear slightly different once the products are received by you. To the maximum extent permitted by law, we do not warrant that the appearance of any products on the Site are accurate, complete, reliable, error-free or as they appear in real life.
- We will have no obligation to supply the products (including custom-made products) or services until you have paid the relevant price in full.
- You must provide all assistance (including information or documentation) which we request, to enable us to comply with the obligations under these Terms, including but not limited to, information regarding safety requirements for the Premises, all On-Site Conditions, lift weight capacity and the location of any relevant services and utilities.
- We may supply the products (including custom-made products) or services through our employees, subcontractors or agents.
4. Availability and cancellation
- All purchases or hires are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of our products or services.
- If there is a considerable delay in dispatching your order, or if for any reason, we cannot supply or hire out the products or services, we will contact you using the details you provided when you placed your order.
- All enquiries made for any services or custom-made products are subject to our capability.
5. Price and Payments
- You must pay us the purchase or hire price of each product (including custom-made products) or service you order in accordance with the payment terms and payment methods set out on the Site or the Quote (the Price). All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We will display insurance costs, warehouse costs, import duties, freight costs and service costs (including delivery or installation) separately from the Price. You agree that any price set out in the order or Quote may be subject to additional costs, as set out in these Terms.
- Unless otherwise agreed by us in writing (including according to any relevant credit terms agreed between the parties), you must pay the Price upfront as a condition precedent to our supply or hiring out of the products (including custom-made products) or services to you. Only once the Price has been paid in full will we supply, hire out the products (including custom-made products) or services to you. If you are purchasing or hiring a product and/or service on behalf of the Australian government, or if we otherwise agree, we may, in our absolute discretion, allow you to pay for the product on a 30-day invoice basis.
- We currently accept the following payment methods: Visa, MasterCard, AmericanExpress (which will incur an additional 3% credit card fee) or direct debit.
- You acknowledge and agree that if the products or services are to be delivered to you on a date more than 3 months from the date of receipt of your order, the Price may be subject to variation without notice to you.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
6. Price Beat Guarantee
- If you find, and provide us evidence of, an identical product stocked by us, that is advertised at a price less than the price advertised by us by another business (Competitor Price), we will offer you a price equal to, or less than, the Competitor Price for the product (Price Match). We will only offer a Price Match once we confirm that the evidence provided by you is genuine (to our reasonable satisfaction). The Price Match does not apply for:
- run out or discontinued models;
- display stock or ex demonstration models;
- reconditioned models;
- prices that do not include delivery charges;
- Ratner Safe branded products;
- advertising errors or mistakes;
- restrictive offers (including, but not limited to, money back offers, large volume purchases or customer package arrangements on a minimum quantity);
- bulk, wholesale, exclusive events, group or association member offers that are not accessible to the general public; or
- prices obtained from auctions, importers, distributors, traders, manufactures, suppliers, re-sellers or classified advertisements.
7. Site Access and Conditions
- We use our best endeavours to provide quality products and services, including highly experienced removalists and installers.
- Where you indicate that you wish to order delivery, hire and/or installation services or any other service which requires access to your Premises, from us, we will contact you to determine the on-site conditions (including, but not limited to, the presence of stairs, ramps, parking conditions or access factors) (On-Site Conditions) of the premises where the products should be accessed, delivered, installed or picked up (Premises). You agree to notify us of all On-Site Conditions (including premises contact availability, flooring, access, traffic management control, site parking, stairs, site inductions or safety requirements) in order to avoid delays or additional costs.
- If requested by us, you agree to organise a time for us to inspect the Premises to determine the On-Site Conditions. Once we have determined the On-Site Conditions, we will provide you with a Quote for any relevant additional services (including access, hire, delivery, pick-up and/or installation of the products in the Premises). You acknowledge and agree that the Quote for the additional services is an estimate only, and may be subject to change based on the actual On-Site Conditions of the Premises.
- In relation to the Onsite Conditions, you are responsible for:
- checking any services (e.g. electricity) in the floor or wall of the location where the product will be installed (Installation Location). If you foresee any issues with services in the floor or wall that may affect installation, please arrange a slab scanner or similar safety and structural checks prior to installation being conducted by us. To the maximum extent permitted by law, if any damage or interruption may occur during the installation, we exclude our liability in accordance with clause 15(b);
- obtaining any relevant approvals, including from landlords or centre management;
- ensuring a clear and unimpeded and structurally sound pathway for the movement of the product on, or throughout, your Premises; and
- ensuring that the Installation Location is structurally sound to carry the weight of the product.
- You acknowledge and agree that additional costs may apply:
- despite any insurances we may have, excess charges may apply to you in the event that loss and/or damage is caused that is not covered by insurance, or that is the result of you not complying with these Terms;
- unless other prior arrangements have been made, prices are based on clear and easy ground level access with no stairs, steps or ramps, and with parking arranged in close proximity to the entry/exit point;
- for unexpected steps, stairs, tile flooring, carpet, concrete, floating floor, or other similar On Site Conditions that have not been disclosed to us;
- if a product is required to be transported on a lift, this will depend on the capacity of the lift and the weight of the product. If lift technicians are required to attend, you will need to arrange such such lift technicians and take full responsibility for all works provided by lift technicians. We will take instructions and be guided by the lift technicians to determine the capability and capacity of the lift to transport the product. To the maximum extent permitted by law, we exclude and limit our liability in accordance with clause 15;
- if we are not able to provide the services, through no fault of our own, charges will apply for the idle time of $150 plus GST per person per hour;
- if we are not able to provide the services at all due to restrictions, conditions or other circumstances, through no fault of our own, a failed delivery fee of $285 ex GST and an attendance fee of $150 ex GST per person per hour will be due and payable by you;
- if return delivery is required, an additional cost will apply as a separate charge; and
- if we incur additional costs for additional time and hire of equipment, including, but not limited to forklift, stair climber, and gantry crane, among other things.
8. Pick-up or Delivery
- This clause 8 will apply where you have purchased or hired a product from us.
- You may choose to pick-up the product or have the product delivered to the Premises (and said delivery will form part of the services).
- If the product is being picked-up from the location nominated by us, which may be a freight depot or warehouse (Pick-up Location), you acknowledge and agree that:
- You will be responsible for the freight costs to send the product to the Pick-Up Location (which, if the product is not in stock at your preferred location, may be the freight depot or warehouse at another location).
- We will contact you when the product is ready for pick-up in the Pick-up Location using the contact details you provided when placing your order. You must arrive at the Pick-up Location on the time, and on the date, nominated or notified by us (whether orally or in writing).
- All collections must be signed for either by yourself or your authorised representative. If for any reason you or your authorised representative are unable to collect the product on the nominated collection date, you must contact us to arrange another collection time. If you do not collect the products on the agreed collection date and you have not collected them within 14 days of being notified by us that the product has arrived in the Pick-up Location, we may charge a daily storage fee (as detailed on the Site) at our absolute discretion.
- You must comply with all of our requirements, protocols, policies, procedures and directions in relation to your collection of the product at the Pick-up Location or as otherwise advised to you by us.
- If the product is being delivered and/or installed in the Premises, as part of our services to you or if you are hiring the products, we will deliver and/or install the products in the Premises. You acknowledge and agree that:
- We deliver Australia wide. The applicable delivery costs will be set out on the Site or on our Quote. Delivery and/or installation costs may vary in accordance with clause 7(a) and 5(d).
- Unless otherwise noted on the Site or the Quote, we normally dispatch standard products within 10 business days of receiving an order and custom-made products within 6-12 weeks from receiving an order. Any delivery periods displayed on the Site or Quote are estimates only.
- Strictly 48 hours notice is required in writing to cancel or reschedule works. $295.00+GST fee will otherwise apply.
- If you or an authorised representative are not available at the Premises, you will be responsible to pay any additional costs incurred or suffered by us (including, but not limited to, any re-delivery costs or costs of our employees, contractors or agents).
- We may deliver the products using the following delivery methods:
- Scheduled delivery to Premises: This option will allow the product to be delivered to the Premises. You will be responsible for unloading the product from the delivery vehicle and to position and install the product at the Installation Location, unless you otherwise purchase additional delivery assistance from us; or
- Assisted scheduled delivery to Premises: This option will allow the product to be delivered to the Premises. We will use a hydraulic tailgate lift to deliver the product to the ground level and front entry door of the building only. You will be responsible for transferring the product from the front entry door to the Installation Location, including on any stairs or ramps.It is important that, prior to delivery, you are mindful of the product’s measurements and weight for the safe transportation of the product from the delivery vehicle to the Installation Location. If special installation is required, then we engage a third party specialised safe service with industry installers to attend, unload, position and bolt the product into the installation location. This will be quoted and charged according to the assessment of all Onsite Conditions in accordance with clause 7. This price will be in addition to any freight charge.
- If you need to change the delivery date or delivery address, please notify us immediately in writing.
- If applicable, you must provide us with unfettered access to the Premises, free from harm or risk to health or safety at the times and on the dates requested by us or to enable us to comply with these Terms. You must ensure that you, or any third party, do not cause or contribute to any:
- injury or death to us or our employees, contractors or agents; or
- loss of, or damage to, any of our (or our employees’, contractors’ or agents) or your property.
- If you do not comply with your obligation under clause 8(d)(7) and this causes or contributes to additional costs, then:
- you must pay us the additional costs as a debt due and immediately payable to us (including, but not limited to, the costs of our employees, contractors or agents or the requirement of additional equipment or personnel (including lift technicians)); and
- despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with the breach of clause 8(d)(7).
- Any damage or loss becomes the responsibility of the purchaser once the goods leave our premises.
- If the consumer receives the wrong item they must notify Safeguard Safes by email within 24 hours. The item must be kept in its original packaging / boxes, undamaged and unused. The item will be picked up and the correct item ordered will be delivered to the consumer.
9. Title and Risk
- If you purchase products from us, title to the products will remain with us until you have paid us the Price in full in accordance with these Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products. If you do not purchase products from us, title is dealt with in accordance with clause 13.
- Until title in the products passes to you:
- You will store and identify the products so as to indicate that they are our property.
- We reserve the right to enter the Premises or any premises where the products are located without liability for trespass or any resulting damage and retake possession of the product.
- You acknowledge that should we lawfully repossess the products, we reserve the right to keep or resell the products.
- If the products are resold to a third party by you:
- You are authorised to transfer the title in the product as our agent and the title in such product will vest in the third party at the time of the sale for the sole purpose of permitting the customer to transfer the title to the third party.
- You will hold such part or the proceeds of such sale as an amount due and owing to us, in trust for us, and such payment will not be constructed as a waiver, or to release you, from any liability to us under these Terms (including paying the full sum due to us).
- If you request to pick-up the products from the Pick-up Location, risk in the products will pass to you immediately upon commencement of the collection of the products at the Pick-up Location. If you have requested us to deliver the product to the Premises, risk in the products will pass to you as soon as the product is delivered to the location in accordance with clause 8(d)(5) (i.e. on dispatch of the product from the delivery vehicle or on delivery of the product to the front door of the building). Once risk in the products passes, you will be solely responsible for them.
- If, within 3 days after the delivery, collection or completion of the products or services (as applicable), you notify us via email of any fault, defect or error in the products or services, which is caused by a breach of these Terms by us (Defect), along with a photo and description of the relevant Defect. We will investigate the issue. If Safeguard Safes is responsible for the fault, defect or error in the product or service, we will, at our own cost:
- repair or remedy the Defect; or
- if we are unable to repair or remedy the Defect, offer you a choice of a credit or a refund with respect to that part of the Price applicable to the Defect.
- If requested by us, you must make available or return to us the product or products the subject of the services that are the subject of a notice under clause 10(a), together with all packaging, parts, accessories, documentation and proof of purchase which were handed over by us with the products or services. You must adequately package any products you are returning to us to ensure they are not damaged during return delivery to us or otherwise notified by us to you. You acknowledge and agree that you may be required to pay a handling and re-stocking fee (as detailed on the Site) at our discretion for products incorrectly returned.
- Despite anything to the contrary, to the maximum extent permitted by law, our aggregate liability for any fault, defect, error, omission or lack of functionality or suitability with respect to the products or services will be limited to, and must not exceed, the costs we incur in complying with clause 10(a)(1) or 10(a)(2) (as applicable).
- The products may come with a manufacturer’s warranty (Manufacturer’s Warranty). If the Manufacturer’s Warranty applies, we will liaise with the manufacturer as to your claim under the Manufacturer’s Warranty, however we will not be liable for any Manufacturer’s Warranty. Please complete and email the warranty/return form here [contact us for more details]. Your claim will be investigated at your Premises, or on arrangement, via freight pick up (at your cost). We will assist the manufacturer to determine the authenticity of the claim and if the claim is valid, the manufacturer will, at its discretion, provide a replacement or repair of the product. If a claim is valid, the manufacturer will cover the final cost of replacement or repair of the product. If a claim does not fall under the Manufacturer’s Warranty and is not valid, you will be required to pay for all related costs, including investigation, freight costs, etc.
- You agree that, except as expressed in these Terms, we do not provide any warranty in the products, and, to the maximum extent permitted by law, our obligations to you for any defects in the products is limited to the remedies you have available under the Australian Consumer Law or under these Terms.
- If the product is damaged during freight, the consumer must notify Safeguard Safes in writing via email within 24 hours of receiving the goods. Safeguard Safes will investigate the issue on a case by case basis and provide assistance to the customers.
11. Use, care and maintenance
You acknowledge and agree that If you do not engage us to deliver and/or install the products at the Premises or if you pick-up the products at the Pick-up Location:
- it is your responsibility to place the product in its final position and install it as per the manufacturer’s and insurance company’s recommendations and standards;
- it is your responsibility to check that the product is operating at its maximum security level;
- you have taken the weight and size of the product into consideration, including the appropriate equipment you will require to safely and securely move and install the product; and
- you have taken the weight and size of the product into consideration when choosing the floor or supporting structure for the final position of the product in the Premises.
12. Contractual lien and security interest
- This clause 12 will apply if we provide services to you that will require you to drop off the products the subject of the services at a location nominated by us (Drop-off Location).
- Within a reasonable time of acceptance of our Quote by you, you must deliver the products the subject of the services at the Drop-off Location (unless we otherwise agree that the services will be performed at your nominated premises) at the time and date agreed between the parties.
- If the Price remains unpaid by you, or if you fail to retrieve the products from us, within 6 months of us notifying you that we have completed the services, we reserve our statutory rights to dispose of the products the subject of the services, and to recover our costs or expenses (including the Price) from such disposal of the products.
- You acknowledge and agree that we hold a general lien over any products, materials or stock held in our possession, or otherwise the subject of the services under these Terms for the satisfactory performance of your obligations under these Terms.
- You acknowledge and agree that these Terms and your obligations under these Terms create a registrable security interest in favour of us under the Personal Property Securities Act 2009 (Cth), and you consent to the security interest (and any other registrable interest created in connection with these Terms) being registered on the Personal Property Securities Register (PPSR) (and you must do all things to enable us to do so).
13. Product hire
- This clause 13 will apply if we provide product hire services to you.
- You acknowledge and agree that, the product hired by you under the services (Hired Product) is for the hire period described in the Quote, the Site and/or as agreed between the Parties (Hire Period).
- You must, if requested by us, pay a security deposit to us, and maintain the deposit at the amount requested by us, for the duration of the Hire Period. We may draw on the security deposit to recover any cost, loss, damage or expense suffered or incurred by us as a result of your breach of these Terms. As soon as reasonably practicable after the expiry of the Hire Period and you have returned the product to us and performed all of your obligations under these Terms, we will refund any unused part of the deposit.
- Upon notice to you, and subject to any applicable laws, you grant us the right to access the premises where the product is situated at any time for the purpose of inspecting, maintaining or repossessing the Hired Product.
- Unless you notify us in writing within 2 hours of being in possession of the Hired Product, demonstrating that the Hired Product does not comply with these Terms, you agree that the Hired Product has been delivered to you in accordance with this Agreement (Condition). If you provide us with a notice under this clause:
- we may, at our sole discretion, either replace the relevant Hired Product, or refund that portion of the Price to which the Hired Product relates; or
- you may agree to accept the Hired Product in the condition provided, and you acknowledge that the condition of the relevant Hired Product will be considered the “Condition” for the purposes of these Terms.
- During the Hire Period, you acknowledge and agree:
- that you will store and identify the Hired Products so as to indicate that they are our property;
- that we reserve the right to enter the Premises or any premises where the products are located without liability for trespass or any resulting damage and retake possession of the Hired Product;
- to protect and maintain the Hired Product and keep it in good order and condition, and in any event, in the Condition;
- that you are responsible for any loss, cost, theft, damage, vandalism or destruction of or to the Hired Product;
- that no such loss, cost, theft, damage or destruction of or to the Hired Product will impair or frustrate any of your obligations under these Terms (including, without limitation, as to the payment of the Price);
- comply with any instructions or manuals for the Hired Products, including any of the manufacturer’s recommended operating procedures;
- that we own the Hired Product and title in the Hired Products will not transfer to you at any time;
- that you take the Hired Product as a bare bailee only;
- that risk in the Hired Product will pass to you immediately when, for pick-up, you take possession of the Hired Products or, for delivery, when the Hired Product is delivered to you in accordance with clause 8(d)(5) (i.e. on dispatch of the product from the delivery vehicle or on delivery of the product to the front door of the building); and
- that you will not sell, sublease, lend, charge or otherwise deal with the Hired Products.
- We may, in our absolute discretion, register the security interest created under these Terms on the PPSR. If, for any reason, our rights to or ownership of the Hired Products is prejudiced or will be lost (Event), then it is expressly agreed that:
- these Terms will be deemed to have been terminated by mutual agreement on the business day immediately preceding the Event (Termination Date);
- the Hired Products will be deemed to have been surrendered by you to us on the Termination Date;
- if you are still in possession of the Hired Products, from the Termination Date you will hold the Hired Products as a bare baillee only; and
- you will remain liable under these Terms for all matters, including payment of the Price, occurring up to and including the Termination Date, and will be liable as a bare bailee of the Hired Products from the Termination Date until we are in possession of the Hired Products.
We do not accept returns for change of mind or other circumstances. Any returns accepted by us for reasons that are not the result of a Defect in the product in accordance with clause 10(a) will be in our absolute discretion and subject to you providing us with notice within 24 hours of receiving the product. If any return is accepted by us, in accordance with this clause 14, you are responsible for the cost of returning the products to us.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products, services and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products and/or services the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, property (including the products and Hired Products), or any injury or loss to any person;
- failure or delay in providing the products or services; or
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties,and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products or services.
- Despite anything to the contrary, to the maximum extent permitted by law, you will indemnify us for and against all liability arising from or in connection with:
- your breach of these Terms;
- any loss of, or damage to property (including the products and Hired Products); or
- any injury or loss to any person.
- Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our products and services come with guarantees which cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time, if this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
16 Intellectual property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site, the products or the services, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
- You may stop using the Site at any time for any reason.
- We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.
- The Terms will terminate immediately upon written notice by:
- either party, if mutually agreed in writing between the parties;
- us, if you seek to cancel or withdraw your acceptance of the Quote or placement of an order, or otherwise do not accept the products or services which have been provided in accordance with the Terms;
- us, if you are in breach of the Terms and that breach has not been remedied within five business days of being notified by us; or
- you, if we are in breach of a material term of the Terms and that breach has not been remedied or overcome within 15 business days of being notified by you.
- On termination for these Terms, you will:
- where the Terms are terminated under clauses 17(c)(2) or 17(c)(3), pay the Price in full and all additional costs resulting from the termination of the Terms, to us, as a debt due and immediately payable;
- where the Terms are terminated under clauses 17(c)(1) or 17(c)(4), immediately pay the Price and all other amounts due and payable to us under the Terms; and
- if applicable, return to us, at your cost, any products (including the Hired Products), equipment or materials that belong to us that are in your possession, or grant us access to the Premises (or any other premises where the products (including the Hired Products), equipment or materials may be located) to repossess the products, equipment or materials, the costs of which will be borne by you.
- Termination of these Terms will not affect any rights or liabilities which a Party has accrued under it.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Notices: Any notice given under these Terms must be in writing and addressed to us at the details set out below or to you at the details provided submitting your order or contacting us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
- Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
- Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us or Quote that has been accepted by you, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of Victoria. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.