0489 998 124
Terms & Conditions
THIS AGREEMENT IS MADE BETWEEN
Secure Temp Fencing Perth Pty Ltd (ABN 33 669 869 612) (“the Company”) and
the individual, company, trust, or other legal entity set out in the Quote (“the Client”).
1.1 GENERAL
Only the Quote and these Terms and Conditions apply to the Agreement between the Company and the Client. The parties are bound by the Terms and Conditions on the Client’s acceptance of the Quote.
1.2 DEFINITIONS
“ACL” means Australian Consumer Law.
“Agreement” means the contractual agreement between the Company and the Client in relation to the hire of Equipment and includes these Terms and Conditions and any guarantee.
“Amount Owing” means all amounts owing by the Client to the Company pursuant to this Agreement.
“Claims” means any claim for loss, damages, personal injuries, death, and expenses (including legal fees on a solicitor and own client basis) arising from any breach or liability.
“Client” means the individual, company, trust, or other legal entity (including any employees or agents) that hires Equipment from the Company pursuant to this Agreement as described on the accompanying Quote. The Client may be referred to as he, she or it but all of those references mean the Client.
“Consumer” means the definition as defined in Section 3 of the Australian Consumer Law (hereafter referred to as “ACL”) pursuant to the Competition and Consumer Act 2010 (Cth).
“Dismantle Notice” means a notice provided by the Company, confirming the quantity, type and condition of the Equipment dismantled and removed from Site.
“Equipment” means the Equipment specified in the Quote including, but not limited to, panels, feet, supports, blocks, clamps, mesh, braces, shade cloth, weed mats, barb wire, Fencing and other fencing components, and other accessories hired to the Client.
“Fencing” means all temporary fencing including mesh fencing, panel fencing, hoarding fencing, prestige fencing, and other fencing accessories hired to the Client pursuant to this Agreement.
“Hire Term” means the total term of hire of the Equipment, including both the Initial Hire Period, Extended Hire Period and any Rehire Period, and commences from the date of delivery and installation of the Equipment and ends on the date the Equipment is collected by the Company.
“Initial Hire Period” means the initial agreed term of hire of the Equipment as requested by the Client.
“Installation Instructions” means the instructions in which the Client requests the Company to install and setup the Equipment. The Company will arrange delivery of the Equipment to the Site and will install the Equipment as far as possible in accordance with the Client’s sketch, plan, or directions. The Client acknowledges that the Company at its unfettered discretion may need to alter the position of the Equipment to accommodate services to the Site or other obstacles or to avoid safety concerns.
“Off Hire Date” is the date on which the Client notifies the Company in email that the Client no longer requires the Equipment and wishes to end the Hire Term on this date.
“Off Hire Notice” means a notice in email provided by the Client as evidence of the requested Off Hire Date.
“Rates” means the fees and charges payable by the Client for the use of the Equipment set out in the Quote or pursuant to this Agreement. This includes refurbishment, cleaning, maintenance, late fees, and local council fines, fees and charges.
“Rehire Period” means the part of the Hire Term that automatically commences upon the end of the Initial Hire Period, unless the Client notifies the Company that it wishes to cease hire of the Equipment at or before the end of the Initial Hire Period.
“Site” means the premises provided by the Client as the delivery address for the Equipment to be delivered, installed, and collected. Unless stated otherwise in email agreement, the Equipment shall always remain in its original installation location.
1.3 TITLE AND BENEFICIAL OWNERSHIP
(a) Ownership in and title to the Equipment remains with the Company at all times and under all circumstances (even if the Client goes into administration, liquidation or becomes bankrupt during the Hire Term).
(b) The Equipment shall at all times be taken to be personal property of the Company and not fixtures, despite having been affixed to land owned or occupied by the Client or a third party.
(c) The Client’s right to use the Equipment is as a bailee only.
(d) The Client is not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge, lend or create any form of security interest over or otherwise deal in any way with any of the Equipment.
(e) Unless otherwise agreed by the Company, the Client must identify and maintain the Equipment in a manner that clearly shows that it is the property of the Company.
2.0 RATES, TERMS AND PAYMENT POLICY
2.1 The Rates for the applicable Hire Term shall be as set out in the Quote provided to the Client.
2.2 The Rates for the use of the Equipment for the Initial Hire Period will be charged immediately upon delivery and/or installation of the Equipment and will be due and payable by the Client in accordance with the agreed payment terms.
2.3 Additional Rates will apply for any Extended Hire Period or Rehire Period. These additional Rates which will be charged immediately upon the commencement of each Extended Hire Period or Rehire Period.
2.4 The Client MUST provide the Company with the details of a valid credit/debit card (that the Client is authorised to use) including the card number, name of holder, expiry and security code, otherwise the Equipment cannot be hired. A valid photo identification may be requested to confirm the authorisation for payment.
2.5 By accepting these Terms and Conditions by email, the Client expressly authorises the Company to debit from the credit/debit card all fees validly charged by the Company to the Client under this Agreement.
2.6 The authority granted by the Client to directly debit the Client’s credit/debit card pursuant to this clause shall remain in force until all Equipment is returned to the Company, all damaged and missing Equipment is accounted for, reimbursed, and all the Rates and other valid charges imposed on the Client pursuant to this Agreement are paid. If the Clients credit/debit card details change throughout the Hire Term, the Client must notify the Company of the new details and continues to authorise the Company to debit any monies from the new credit/debit card. A credit card surcharge may apply.
2.7 The Client may object to any incorrect charges, by notice in written email to the Company within forty-eight (48) hours of the date of invoice, otherwise the Client shall be deemed to have accepted the amounts invoiced and charged without further recourse. All invoices will be sent to the last known email address nominated by the Client and the invoice shall be deemed to be validly received by the Client once they arrive at those addresses.
2.8 The Client’s total account balance shall become immediately due and payable by the Client upon delivery and installation of the Equipment. If the Client fails to pay any validly issued invoice within the terms of trade specified on the Quote, invoice, or this Agreement, in such instances, the Company reserves the right to:
(a) Remove all the Equipment from all of the Client’s Site(s) and in such event, the Client hereby grants the Company authority to access and enter the Site(s) for this specific purpose; and
(b) Charge a late payment fee for each invoice from the date of default to the date of payment at a rate of 15% per annum until all amounts owed to the Company have been paid.
2.9 Once an outstanding account is referred to an external debt collection service provider, the Client indemnifies the Company for costs as will more fully appear from Clause 12.3.
2.10 If the Client fails to pay any outstanding debt to the Company, the Client acknowledges and agrees that the Company may report any outstanding debt owed to a credit reporting agency and this default listing will remain, even if the debt is subsequently paid.
3.0 HIRE PERIOD
3.1 The Company agrees to hire the Equipment to the Client for its exclusive use for the Hire Term.
3.2 If the Client wants to extend the Hire Term beyond the Initial Hire Period, the Client must contact the Company by email requesting an extension of hire for a fixed period of time, being a minimum of an additional two (2) months (“Extended Hire Period”). The Company shall provide the Client with a written Quote for the Rates applicable for the Extended Hire Period. The Client must accept the Rates quoted for the Extended Hire Period within forty-eight (48) hours of being sent the Quote, otherwise the offer will lapse, and the Hire Term will automatically extend into the periodic Rehire Period in accordance with Clause 3.3 below.
3.3 Unless the Client notifies the Company in email no less than seven (7) days prior to the end of the Initial Hire Period, that it wishes to either:
(a) Cease hire of the Equipment at the end of the Initial Hire Period; or
(b) Extend the Hire Term for the Extended Hire Period pursuant to Clause 3.2, then the Hire Term shall be automatically extended for the Rehire Period and additional rehire Rates for use of the Equipment in the Rehire Period will be charged.
3.4 The standard Rehire Period will be for a minimum of four (4) weeks (unless otherwise agreed).
3.5 The Rehire Period will continue indefinitely, until the Client notifies the Company by email to collect the Equipment and it is returned by the Client through the Company's own collection, or the Company decides to terminate this Agreement.
3.6 Rates for the Rehire Period will be different to those charged for the Initial Hire Period. These rates will be determined on a per-meter basis, which may be subject to change by email notification from the Company to the Client.
4.0 REFURBISHMENT, CLEANING & MAINTENANCE FEE
4.1 A compulsory non-refundable Refurbishment, Cleaning & Maintenance Fee applies to all hired Fencing and Equipment and is charged at 10% of the Rates applicable for the Fencing and Equipment (subject to change).
4.2 The Refurbishment, Cleaning & Maintenance Fee does not cover and will not limit the Client's liability in the following circumstances:
(a) Where the Equipment is lost or stolen;
(b) Where the Equipment has graffiti damage;
(c) Where the Equipment has unrepairable damage; and
(d) Where the equipment has been wilfully damaged at any time during the Hire Period.
4.3 The Client shall be liable for all loss and damage to Equipment not covered by the Refurbishment, Cleaning & Maintenance Fee (including fence panels, frames, bases, signage, feet, clamps and mesh), in accordance with Clause 5 below.
5.0 USE OF EQUIPMENT, DAMAGES OR MISSING EQUIPMENT
5.1 The Client shall at all times keep the Equipment in good working order and condition and will not in any way, repair or alter the Equipment. The Equipment must at all times, be kept safe and only be used in a safe, lawful and skilful manner, strictly in accordance with its intended use and all applicable laws and regulations.
5.2 The Client further warrants to obtain all permits required to satisfy all legislation including but not limited to local planning, environmental, health and safety laws.
5.3 If the Equipment has any significant defect, damage, or if any theft has occurred, the Client must immediately notify the Company by email. The Client shall be responsible for any and all loss, damage or theft to the Equipment for any reason whatsoever, including liability to pay the costs for the repair or replacement of that Equipment, except damage which in the Company’s sole and absolute discretion, is caused by normal wear and tear.
5.4 Any Equipment which is not able to be safely collected by the Company from the Site (including, but not limited to the site being overgrown with vegetation) or which is not returned by the Client to the Company at the end of the Hire Term, shall be deemed missing. The Company reserves the right to report all missing Equipment to the police for further investigation.
5.5 If the Equipment is collected in a condition which in the reasonable opinion of the Company renders it unusable for future hire, or if the Equipment is stolen or missing, the Client must pay to the Company on demand, the full incurred cost of replacement or repair of the Equipment as nominated by the Company.
5.6 Any missing or damaged Equipment will remain the property of the Company at all times and under no circumstances will title to the Equipment or any part of it pass to Client, notwithstanding payment of the above damaged or missing charges.
5.7 In the event that missing Equipment is subsequently returned to the Company, the Client will be charged the applicable Rehire Rates for the additional period between the Off Hire Date and the date the Equipment is returned and the charges for the missing Equipment will be reduced and adjusted accordingly.
5.8 If the Equipment is, or is at risk of, being exposed to hazardous substances then the Client must notify the Company immediately and shall be liable for the costs of decontaminating the Equipment. If the Equipment cannot be decontaminated, then the Client shall be responsible for the costs of replacing the Equipment.
5.9 Any adjustments, modifications and/or additions to the Equipment installation must be requested in written email by the Client and must only be carried out by the Company.
5.10 Additional Charges The Company reserves the right to charge the Client additional fees for administration, cleaning, labour, disbursements, and charges for the following items:
(a) Excessive wait times by the Company’s representatives (ie. in excess of 30 minutes) after arriving at Site before being able to commence installation, dismantling or collection of the Equipment;
(b) When the Company is unreasonably prevented by either the Client or a third party from attending the Site to install, dismantle or collect the Equipment;
(c) If the Client has paid the Company for the Hire Period and the Equipment is returned before the expiry of the Hire Period, the Client is not entitled to a refund or part refund of the Rates;
(d) In the event the Client requires the delivery, installation, dismantling, or collection of Equipment outside normal business hours and days (ie. Weekends and Public Holidays) then the Client may be liable for additional costs; and
(e) Upon the dismantling and collection of Equipment, the Equipment must be in the original installation position and accessible, or appropriate charges will apply.
5.11 Signage The Company reserves the right to have its signs placed on a minimum of every third panel for insurance and advertising purposes. These signs are not to be damaged or defaced. The Client must not remove or conceal the signs as it must remain evident at all times that the Equipment belongs to the Company. The Client shall be responsible for the costs of cleaning, repairing, or replacing lost or damaged signs.
6.0 DELIVERY, INSTALLATION AND DISMANTLE
6.1 The Equipment is hired to the delivery address advised by the Client and is not transferable to any other Site or Client.
6.2 The Client is required to submit their Installation Instructions to the Company via email no later than five (5) days before the agreed-upon delivery date.
6.3 The Company reserves the right to proceed with the installation of their Equipment without the need for onsite supervision or sign-in by the Client. The Company shall use it’s best endeavours to provide labour services on the requested date for delivery, installation or removal, however shall not be liable for any delay or failure to do so.
6.4 The Client shall be required to inspect the Equipment as soon as practicable after it is delivered and installed to immediately notify the Company (by email) of any objection to or defect in the quantity or the type of Equipment supplied within twenty-four (24) hours of the Company attending the Client’s Site. The Client’s failure to report any discrepancies in the quantity or type of Equipment supplied or the condition of the Equipment, shall constitute deemed acceptance that the quantity, type and condition of the Equipment has been supplied in accordance with the Quote and/or Installation Instructions and shall be conclusive and irrefutable evidence of the information recorded therein and may be produced by the Company as evidence in order to enforce its rights under this Agreement.
6.5 The Company reserves the right to refuse order cancellations if it has already taken specific actions to fulfill the order. In cases where cancellations occur after 7 days following the acceptance of a Quote but before the delivery and installation, an immediate payment of 40% of the quoted Rates will be required.
6.6 Prior to the installation, it is the responsibility of the Client to provide Installation Instructions by email and inform the Company about the position of any services or obstacles on the Site that may hinder the installation process. However, upon the Company attending the Client’s Site, the Client acknowledges that the Company may need to alter the position of the Equipment not in accordance with the Client’s Installation Instructions if there are any obstacles e.g. uneven ground, pipes or services not previously disclosed, and in such circumstances additional Rates and charges may apply.
6.7 If the Client requires the installation of additional Equipment after the initial installation, or the removal of some Equipment prior to the expiration of the Hire Term (‘part pickup’), then additional charges may apply.
6.8 If there is any delay in the delivery, installation, or removal of Equipment and such a delay is beyond the control of the Company, additional Rates and charges may apply.
6.9 The Client shall not under any circumstances, move, reposition, modify or tamper with (or attempt to do so) the Equipment. Only the Company shall arrange to attend the Client’s Site to undertake such relocation or modification to the Equipment at an additional charge payable by the Client.
6.10 All Equipment installed, serviced, and dismantled from Site may be photographed as proof of action. The Client should be aware that these photographs may be used by the Company as evidence in order to enforce the Company’s contractual and legal rights against the Client.
6.11 Should the conditions of the Site deteriorate or adversely change between the date of installation and the date of dismantle and collection of the Equipment, additional charges may apply.
6.12 If the Client requests removal of the Equipment before the end of the Hire Term and provides notice by email, the Company will arrange for the collection of the Equipment at the earliest opportunity. The Client will remain liable for the Rates and any other charges payable to the Company for the entire Hire Term as per the Quote, invoice, or this Agreement. The Equipment shall remain the responsibility of the Client until it has been removed from Site.
6.13 When the Equipment is due for removal under the Agreement, the Client shall be notified by the Company of the approximate date and time for collection of the Equipment.
6.14 The Company reserves the right to dismantle and collect their Equipment without the need for onsite supervision or sign-out by the Client. The Company shall send a Dismantle Notice to the Client confirming the details of the Equipment dismantled and removed from Site.
6.15 The Client shall have forty eight (48) hours after being sent a copy of the Dismantle Notice to dispute the information contained in the Dismantle Notice via email, otherwise the Client shall be deemed to have accepted all counts of the Equipment removed from the Client’s Site, condition reports and other records taken by the Company (or the Company’s representative) in regard to the quantity, type and condition of the Equipment collected and removed from the Client’s site as contained in the Dismantle Notice. Such records shall be conclusive and irrefutable evidence of the information recorded therein and may be produced by the Company as evidence in order to enforce its rights under this Agreement, including issuing an invoice for damaged or missing Equipment (if any) recorded on the Dismantle Notice.
6.16 If an Off Hire Notice is provided by the Client, but the Company is unable to gain access to the Equipment, the date for the off hire will be extended until such date that the Company can access the Equipment for removal or dismantle. The Client will be liable for rehire charges where applicable.
6.17 The Client is responsible for paying the following Rates to the Company, unless an alternative arrangement is explicitly mentioned in the Quote:
(a) A standard delivery fee within the Perth Metropolitan Area.
(b) A standard collection fee within the Perth Metropolitan Area.
(c) Any additional Site revisit fee.
(d) Charges for any necessary labour services.
(e) An administration fee on all invoices relating to Equipment, Fencing, Initial Hire Period, Extended Hire Period and any Rehire Period.
7.0 WARRANTIES EXCLUDED
7.1 The Company acknowledges that the ACL and similar legislation provides:
(a) certain rights for Consumers that cannot be excluded; and
(b) in relation to the supply of goods and services, that in some circumstances the Client may be a Consumer.
7.2 Subject to Clause 7.3, the Company to the fullest extent allowed excludes any and all conditions, warranties, terms and consumer guarantees implied by statute, general law or custom (including without limitation the ACL) applicable to any supply of goods (including all Equipment) and services under these Terms and Conditions.
7.3 The Consumer Guarantees apply to any supply of goods and services where the Client is a Consumer, and the liability of the Company in connection with the Consumer Guarantees is not limited except as stated in Clause 7.4.
7.4 If the Client is a Consumer in relation to the supply of goods and services, and those goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the liability of the Company in connection with the Consumer Guarantees is limited to one of the following (as selected by the Company):
7.4(1) In the case of goods:-
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring goods equivalent to the goods; or
(d) the payment of the cost of having the goods repaired, except where it is not fair and reasonable to limit liability in this way.
7.4(2) In the case of services:-
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
8.0 LIMITATION OF LIABILITY
8.1 Under no circumstances shall the Company be liable for any loss or damage howsoever caused (including as a result of a breach of contract or negligence of the Company), including indirect or consequential loss or damage, or any special, punitive or exemplary damages, arising out of, or in connection with the Client’s possession or use of the Equipment during the Hire Term, including but not limited to, death or personal injury or damages to tangible or intangible property of the Client or any third party.
8.2 The Client shall indemnify the Company against all liability, claims, damage, loss, costs, and expenses (including, without limitation, insurance excesses, legal fees, costs, and disbursements on a full indemnity basis), whether incurred or awarded against the Company, arising out of or in connection with the Client’s possession or use of the Equipment during the Hire Term or these Terms and Conditions.
8.3 The indemnity in Clause 8.2 above is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion, and expiration of the term of hire of the Equipment. It is not necessary for a party to incur an expense or make any payment before enforcing a right of indemnity conferred under this Agreement.
8.4 The Company will not be liable to the Client for any acts or omissions of any employee, representative, agent or contractor of the Company where that person is acting under the Client’s direction or control during the Hire Term relating to the Equipment and the services provided under these Terms and Conditions and the Client shall indemnify the Company against all liability, claims, damages, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis) arising from or incurred in connection with such acts or omissions.
8.5 Subject to the provisions contained in this Clause 8, the Company will not be responsible for failure or delay in delivery, pickup, installation, or removal of the Equipment and will have no liability to the Client or any other person for any loss (including any consequential loss) arising out of such failure or delay.
8.6 Unless otherwise agreed, the Company does not warrant that the Equipment will not be affected by weather conditions or other factors beyond their control. In the event of unexpected weather conditions or an unforeseen event, which causes the Equipment to move from the location it was installed, the Client will be charged a reinstallation fee as notified to the Client in writing.
9.0 TERMINATION BY THE COMPANY
9.1 The Company may terminate this Agreement and repossess the Equipment in any of the following events:
(a) If the Client shall commit or permit any act or thing whereby the Company's rights in the Equipment may be prejudiced;
(b) If the Client should become or be made bankrupt or make arrangement or composition with his creditors, or should an order be made or a resolution for the administration, liquidation or winding up of such Company;
(c) If the Client commits any breach of this Agreement or fails to pay any monies when monies are due; and
(d) If a third party makes a claim.
9.2 On termination, the Company reserves the right to enter into, or upon any premises or Site where the Equipment may be, without notice and without prejudice to the rights of the Company:
(a) To remove all Equipment belonging to the Company regardless of payment status; and/or
(b) To recover from the Client any monies owing under this Agreement or for damages for breach.
9.3 The Company is entitled to demand the immediate payment for all outstanding invoices and damages for breach. The Client shall indemnify the Company in respect of all claims, damages or expenses arising from any action taken under this clause. Legal costs will be payable on a solicitor and own client basis.
9.4 The Client, liquidator or administrator shall not make any claim or bring any action against the Company as a result of the re-possession of the Equipment. This right is in addition to and without limitation of any of the Company’s other rights either under the Agreement, or at law.
9.5 The Client shall indemnify the Company and keep the Company indemnified against any loss, liability, expense, or cost which is incurred by the Company in entering upon any premises or Site and taking possession of the Equipment or any item thereof. Such indemnity covers any liability to any third party for trespass or for damage to the premises or Site occasioned through the entry upon the premises or Site, the re-possession of the Equipment or the removal of the Equipment from the premises or Site.
10.0 PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
10.1 This Agreement constitutes a ‘Security Agreement’ for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”) and the Company’s interest in the Equipment constitute a ‘Security Interest’ for the purposes of the PPSA.
10.2 The Company has a Security Interest in the Equipment and in any present or after acquired property that represents proceeds arising in respect of any dealings with the Equipment.
10.3 The Security Interest secures all amounts owing by the Client to the Company in connection with the Hire Term of the Equipment and all obligations arising under these Terms and Conditions.
11.0 VARIATIONS OR WAIVERS
11.1 Variations or amendments of the Terms and Conditions shall only be effective if made by email and expressly agreed between the parties.
11.2 A waiver of any provision or breach of this Agreement by the Company must be made by an authorised officer of the Company in writing. This consent refers to that breach only and does not cover any future breaches of the same, similar or any nature. A waiver of any provision or breach of this Agreement by the Client must be made by the Client’s authorised officer by email.
12.0 SECURITY FOR PAYMENT AND CHARGE
12.1 Where the Client is a company (or trust) the directors (or the trustees) personally guarantee the Client’s obligations under the Terms and Conditions.
12.2 In consideration of the Company agreeing to supply the Equipment to the Client, the Client hereby charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these Terms and Conditions (including, but not limited to, the payment of any money).
12.3 The Client indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this Agreement.
13.0 NOTICES
13.1 Any notice required to be given by either party pursuant to this Agreement shall be deemed to have been given if sent to the email addresses as stated on the Quote. Notices will be deemed as received on the same day they are sent by the party sending the email.
14.0 SEVERABILITY OF TERMS AND CONDITIONS
14.1 If any provision of this Agreement is void, voidable by any party, unenforceable or illegal, it shall be read down so as to be valid and enforceable or, if it cannot be so read down, the provision (or where possible, the offending words) shall be severed from this Agreement without affecting the validity, legality or enforceability of the remaining provisions (or parts of those provisions) of this Agreement which shall continue in full force and effect.
15.0 JURISDICTION
15.1 This Agreement is governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
16.0 FULL AGREEMENT
16.1 Nothing in this Agreement is intended to exclude, limit, restrict, alter, or modify any terms, conditions, warranties, or guarantees that cannot be excluded by law. These Terms and Conditions supersede any other agreements, arrangements, or understandings, including any conditions contained in the Client’s own order or agreement, terms and conditions, applications, or correspondence, whether in writing or verbal. Any failure by the Company to enforce any Clause of this Agreement will not be construed as a waiver of the Company’s rights under this Agreement.
17.0 CLIENT’S ACCEPTANCE OF THIS AGREEMENT
17.1 Acceptance The Client must provide acceptance of the Company’s Quote by sending an email to the Company’s designated email address. Any form of payment, whether partial or in full, will be deemed as acceptance. This acceptance becomes legally valid and binding once received by the Company. Upon agreeing to the Quote, the Client hereby acknowledges and fully accepts the Terms and Conditions herein.
17.2 Execution Any person signing a document on behalf of the Client, warrants that they are expressly authorised to sign such document with the Company on the Clients behalf thus binding the Client, and that if this is not the case, then the person signing agrees to indemnify the Company against all losses as if the signatory were the Client.
17.3 Company’s Reliance By the signatory agreeing to this Clause and signing any Quote, invoice, this Agreement, any other document and any associated paperwork on behalf of the Client, the Company shall be entitled to rely on the doctrine of implied or ostensible authority to enforce this Contract against the Client as the signatory’s principal, where the signatory is the apparent or ostensible agent of the principal.
18.0 FORCE MAJEURE
18.1 The Company shall not be liable for any prevention of or delay in performance of its obligations under the Agreement which is caused by any event or circumstance which is beyond the reasonable control of the Company including any act of God, adverse weather conditions, public health restrictions, epidemic, pandemic (including the Covid-19 pandemic) strike, lockout or other labour dispute, war, riot or civil commotion, accidental breakdown to any machinery or facilities necessary for the transportation, delivery, installation, dismantling or collection of the Equipment from Site.
19.0 ASSIGNMENT CONDITIONS
19.1 The Client must not assign or otherwise dispose of all or any of its rights in, to and under this Agreement without the prior email consent of the Company.
19.2 The Company may assign all or any of its rights in, to and under the Agreement to any parent or affiliate of the Company.
20.0 PRIVACY POLICY
20.1 The Company privacy policy is available on its website.
21.0 BREACH AND DISPUTE RESOLUTION
21.1 In the event that the Client breaches this Agreement, the Client shall have a period of seven (7) calendar days from the date of written email notice provided by the Company to remedy the said breach. If the Client fails to remedy the breach within the specified period, the Company shall have the right to pursue any remedies available under this Agreement or at law. Any dispute or difference arising in connection with this Agreement shall be submitted for resolution by reference to arbitration proceedings in accordance with the provisions of the Commercial Arbitration Act 2012 (WA). During such arbitration proceedings, both parties may be represented by a duly qualified legal practitioner.
