Terms and Conditions of Trade
1. Agreement
1.1 This agreement is between Get It Expressed Pty Ltd ACN 163 430 537 trading as Cam’s Car Care ABN 73 163 430 537 including its successors, assigns and any person authorised to act on their behalf (referred to as “us” or “we”) and the customer named in the Invoice or otherwise seeking the Goods or Services from us (referred to as “you” or “your”).1.2 You have the right to negotiate the terms of this Agreement with us.1.3 You must notify us as soon as possible and not less than seven (7) days after the change in the event of any change in your details, including, if you are a company, any change in control of the company and specifically your email address, phone number and nominated address. You will be liable for any damage or loss incurred by us as a result of your failure to comply with this obligation.
2. Acceptance
2.1 This agreement commences and becomes effective and binding on all parties, jointly and severally, from the date that you, having received a copy of these Terms and Conditions of Trade:a) sign this Agreement (or have this Agreement signed by an authorised representative on your behalf) where indicated and return it to us by:i. hand delivery to our principal place of business at Unit 1/13 Dominions Rd, Ashmore QLD 4214;ii. post to 141 Logan Road, Woolloongabba, QLD 4102; oriii. email to admin@camscarcare.com.au;b) by you (or your representative) contacting us (whether by telephone, email or in person) and telling us of your acceptance; orc) by you (or your representative) giving us instructions in relation to the Services proposed in this Agreement or delivering your vehicle to us for the provision of the Services proposed in this Agreement or collecting any goods purchased by you from us or by us on your behalf after you receive this document.2.2 If we give you a Quote in addition to this document or as part of the provision of any Services proposed under this agreement, the Quote will remain valid for seven (7) days from the date the Quote is given to you. If you wish to accept this Agreement outside of this timeframe, we reserve the right to provide a varied Quote.
3. Definitions
3.1 In these terms and conditions:a) Terms in bold have the definitions ascribed in these terms and conditions.b) Agreement means this agreement, which is comprised of:(i) Part 1 – the Terms and Conditions; and (ii) Part 2 – (only if applicable) any Quote we have given you.c) Asset means the vehicle/s that is/are the subject of the Services or, if the Services involves only the provision of Goods, the Goods. d) Business Day means a day that is not:(i) a Saturday or Sunday; or(ii) a public holiday, special holiday or bank holiday in the local government locality where the Property is located..e) Due Date means the date that any amount payable by you to us under this Agreement is due as set out by us, at our discretion and pursuant to clause 6 of this
Agreement.
f) Goods means any and all goods required to be purchased and delivered/installed in the course of our provision of the Services.g) GST has the meaning given to that term in the GST Act.h) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).i) Price means the amount payable by you to us pursuant to this Agreement, and as adjusted pursuant to this Agreement.j) Price List means the list published by us, as updated from time to time, outlining the price for key services offered and available to you via our website.k) PPSA means the Personal Property Securities Act 2009 (CTH)l) Quote means the quote for Services provided by us to you whether verbal or in writing.m) Services means the mechanical services provided as requested by you, offered by us or otherwise as outlined in the Quote and further related work as agreed pursuant to this Agreement and includes the provision of the Goods.
4. Binding Nature4.1 All Services provided by us are subject to these Terms and Conditions. After we have provided you with this Agreement, regardless of when, if at all, the signed Agreement is returned to us, if we are instructed to attend to the Services, you will be taken to have read, understood, and agreed to be bound by these Terms and
Conditions.
5. Pricing and Adjustments5.1 The Price for the Services is:a) the price set out in the Quote; orb) the price as described for the Services as set out in the published Price List as at the date of delivery of the Services. 5.2 The Price is an estimate only, and subject to change up to and including the date that we issue our final invoice for the Services, having regard to the fact that we may not be able to determine exactly how long it may take to complete the Services or what Goods may be required to complete the Services before the Services are completed.5.3 Adjustments to the Price
We may adjust the Price where:
a) there is an error or omission in the Quote;b) factors that were not considered/able to be considered at the time the Quote was prepared come to light that require additional/different Services;c) you request additional Services/different Services than as considered in the Quote;d) Goods initially considered by the Quote become unavailable or unsuitable and alternative materials must be utilised; e) any third parties, such as suppliers or manufacturers, update their prices such that the cost of any Goods including the delivery of those Goods is increased;f) international transactions or freight and insurance charges apply to the Goods required for the provision of the Services;g) any other reason that we, acting reasonably, see fit to make adjustments to the Price.
5.4 Notice of AdjustmentsAdjustments to the Price will be made either by:
a) writing to you, outlining the additional services/goods required and the consequent adjustment; orb) issue of an itemised invoice noting the Services completed and the consequent amount payable.5.5 At our sole discretion, we may require you to pay to us a non-refundable deposit before we provide the Services, noting that the Services may require us to incur costs on your behalf for Goods before the Services can be provided and invoiced to you.
6. Payment
6.1 Time is of the essence in respect of your obligations under this clause 6.
6.2 Invoicesa) Irrespective of any discrepancy between the invoiced amount and the Quote, invoices issued by us will be final and accepted by you.b) Invoices will outline services provided, including any Goods supplied and charged, any notable variations to the Quote (if applicable) and any GST payable by you.
6.3 Due DateThe Due Date for payment of the Price will be outlined on the Invoice and will be, at our discretion, either: a) the date of delivery of the Services;b) a date before the delivery of the Services (where payment in advance is required by us);c) any other date specified on the invoice as being the due date for payment; ord) in the absence of any notice to the contrary, the date which is seven (7) days from the date that the invoice is given to you.
6.4 Payment will be accepted by:a) Electronic Funds Transfer (EFT) to an account nominated by us;b) cash; c) bank cheque payable to “Get It Expressed Pty Ltd”;d) credit card (noting a surcharge of up to two and a half per-cent (2.5%) may apply); ore) any other method as agreed to between the parties.6.5 You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account.6.6 If you fail to pay any amount payable under this Agreement by the Due Date, we will be entitled to:a) withhold the return of your vehicle or any Goods until such a time as payment is made;b) require payment of any outstanding amount prior to the delivery and commencement of any further services;c) charge default interest at the rate of 10% per annum on all overdue amounts, (including late payment charges and amounts other than the Price) calculated on a daily basis and accruing for each day the amount remains outstanding;d) claim from you all costs relating to any action taken by us to recover moneys or goods due including, but not limited to, any legal costs and disbursements; ande) cease any further services and/or terminate this and/or any other Agreement with you in relation to services and/or products that have not been provided or delivered.
6.7 No set-offYou will not be entitled to set-off against or deduct from the Price, any sums owed or claimed to be owed to you by us or withhold payment of any invoice because part of that invoice is in dispute.
7. GSTUnless otherwise stated, the Price as quoted is inclusive of GST and GST will be charged in accordance with the GST Act and all GST charged will be clearly displayed on all invoices issued and payable by you.
8. Cyber Security and Payments8.1 We confirm that we will never contact you by email only to advise you of a change to our bank details for payment of any amounts payable. Any changes to our account details or the nominated account for payment will be provided to you both in writing and in the form of a phone call.8.2 You confirm that you will not:a) pay an amount in excess of $5,000.00 by EFT without first telephoning us to verbally confirm the account number, details and amounts;b) contact us using a phone number listed in any communication from us that asks for money or sets out account numbers or details without first checking the phone number in a prior separate paper communication from us or checking our website or white or yellow pages telephone listing; orc) open attachments, click on hyperlinks or download buttons in unexpected emails without first contacting us to check legitimacy.8.3 You confirm that you will:a) contact us if in any doubt about emails or other electronic communications that appear to have come from us.b) give the same warnings to anyone else you know who may also be involved in transferring money; andc) contact us immediately if you receive any correspondence purportedly from us that requests payment to a different bank account than one you have previously confirmed.
8.4 In the event that you do not comply with clauses 8.2 and 8.3, you accept and acknowledge that we will not be in any way responsible or liable for any loss incurred by you as a result of your non-compliance.
9. Delivery of Services9.1 Any date or time quoted for delivery and completion of the Services is an estimate only and we shall endeavour to complete the Services at a time or times as quoted, but failure to do so shall not confer any right of cancellation, termination or refusal of delivery on your part.9.2 We will not be liable for any loss or damages directly or indirectly incurred by you as a result of any delays to the completion of the Services.9.3 Delivery of the Services is taken to occur at the time that: a) you or your nominated representative takes possession of the Asset/s; orb) we deliver the Asset/s to your nominated address, irrespective of whether or not you are present at the address.9.4 You must take delivery by receipt or collection of the Asset/s upon receipt of our notice that the Asset/s are available for delivery. In the event that you fail to take delivery of the Asset/s within a reasonable time, as determined by us at our sole discretion, we may, at our sole discretion, increase the Price payable to include a reasonable fee for storage. 9.5 If it is requested by you that we deliver the Asset/s, or, if it is required that the Asset/s is/are required to be delivered due to your failure to collect the Asset/s, we may, at our sole discretion, agree to deliver the Asset/s in which case we may, at our sole discretion, increase the Price payable to include a reasonable fee for delivery.
10. Default10.1 DefaultIn the instance of a default of this Agreement, the party alleging the default (the Alleging Party) may issue a notice to the other party (the Defaulting Party) to rectify the default. If the Defaulting Party fails to rectify the Breach as set out in the notice within seven (7) Business Days of receipt of the notice, the Alleging Party may terminate this Agreement by giving written notice and will be entitled to remedies under this Agreement and at law.10.2 Interest on overdue amounts shall accrue daily from the date when those amounts become due, until the date payment is received, at a rate of ten per cent (10%) per day (and at our sole discretion, shall compound monthly at this rate). 10.3 If you owe us any money, you indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client indemnity basis, our collection agency costs and any bank dishonour fees). 10.4 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under this Agreement, we may suspend or terminate the supply of the Services to you. We will not be liable to you for any loss or damage you may suffer as a result of us exercising our rights under this clause. 10.5 Without prejudice to any other rights or remedies at law or under this Agreement, we are entitled to cancel all or any part of any order by you which remains unfulfilled and all amounts owning to us shall, whether or not yet due for payment, become immediately payable if: a) Any money payable to us becomes overdue, or, in our reasonable opinion, you will be unable to make a payment when it falls due; b) You become bankrupt, insolvent, convene a meeting with your creditors or proposes or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors; orc) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours. 10.6
11. Title 11.1 Notwithstanding the delivery or installation of any of goods or services throughout the course of completing the Services, title to the Asset/s and any improvements delivered or installed by us will remain with us until such a time as all outstanding amounts payable have been paid in accordance with clause 6 of this Agreement and any other obligations owed to us by you under this Agreement have been met. 11.2 You acknowledge that following delivery/installation of the Asset/s or any improvements but before title has passed to you pursuant to clause 11.1:a) you are in possession of the Asset/s solely as bailee for us and must return the Asset/s immediately on our demand;b) you hold the benefit of any insurance policies in respect of the Asset/s on trust for us and must pay to us the proceeds of any such insurance policies in the event that the Asset/s are lost, damaged or destroyed, sufficient to meet your obligations under this Agreement;c) you must not sell, dispose, or otherwise part with possession of or interest in the Asset/s other than in the ordinary course of business and for market value and any proceeds of such a sale must be held on trust for us and paid to us sufficient to meet your obligations under this Agreement;d) you must not convert or process the Asset/s or intermix them with other goods but if you do then you hold the resulting product on trust for our benefit and must sell, dispose of or return the resulting product to us as we direct until and unless you have met your obligations under this Agreement;e) you irrevocably authorise us to enter any premises where we believe the Asset/s are kept and recover possession of the Asset/s;f) you must not charge or grant an encumbrance over the Asset/s nor grant or otherwise give away any interest in the Asset/s unless and until you have met your obligations under this Agreement; andg) we may commence proceedings to recover amounts due and payable to us under this Agreement notwithstanding that ownership of the Asset/s has not passed to you.
12. Riska) From the date that you are in possession of the Asset/s and/or any goods/improvements, irrespective of whether or not title has passed to you, risk in the Asset/s and/or any goods/improvements will transfer to you and you will be fully responsible for any loss or damage to the products whatsoever and howsoever caused following delivery/installation. b) If any of the Asset/s or the Goods are damages or destroyed after delivery but before title in the Asset/s or the Goods has transferred to you, we are entitled to receive, and you must pay to us, all insurance proceeds payable in respect of the Asset/s or the Goods, sufficient to meet any costs owed by you to us under this Agreement. c) If you are unable or refuse to collect the Asset/s from us and the Asset/s.d) It is your responsibility to ensure that the Asset/s is/are adequately insured against all possible damage (including, but not limited to, the perils of accident, fire, theft, burglary and all other usual risks) whilst stored on our premises. e) The Asset/s is/are at all times stored and repaired at your sole risk.
13. PPSA13.1 In this Agreement, Financing Statement, Financing Change Statement, Security Agreement, and Security Interest have the meanings given by the PPSA and, unless context requires otherwise, any other terms defined in the PPSA and not defined in this Agreement have the meanings given in the PPSA.13.2 Upon entering into this Agreement you acknowledge and agree that this Agreement constitutes a Security Agreement for the purposes of the PPSA and creates a Security Interest in the Asset/s that have been supplied and that will be supplied in the future by us to you. 13.3 You undertake to:a) Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may require from you in order to: i. register a Financing Statement or Financing Charge Statement in relation to a Security Interest on the Personal Property Securities Register;ii. register any other document required to be registered by the PPSA; oriii. correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii).b) indemnify, and upon demand reimburse us for all expenses incurred in registering a Finance Statement or Financing Change Statement on the Personal Property Securities Register established by the PPSA or releasing any Asset/s charged thereby; c) not register a Financing Change Statement in respect of a Security Interest without our prior written consent; d) not register, or permit to be registered, a Financing Statement or a Financing Change Statement in relation to the Asset/s in favour of a third party without our prior written consent; e) immediately advise us of any material change in your business practices of selling the Asset/s which would result in a change in the nature of proceeds derived from such sales. 13.4 The parties agree that sections 96, 115 and 125 of the PPSA do not apply to the Security Agreement created by these terms and conditions. 13.5 You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 13.6 You waive your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 13.7 Unless otherwise agreed to in writing by us, you waive your right to receive a verification statement in accordance with section 157 of the PPSA.13.8 You must unconditionally ratify any actions taken by us under clauses 13.3 to 13.5.13.9 Subject to any express provisions to the contract, nothing in this Agreement is intended to have the effect of contracting out of any of the provisions of the PPSA.
14. Security and Charge14.1 In consideration of us agreeing to provide the Services, you charge all of your right, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by you either now or in the future, to secure the performance of your obligations under this Agreement, including but not limited to, the payment of any money. 14.2 You indemnify us from and against all costs and disbursements, including legal costs on a solicitor and own client basis, incurred in exercising our rights under this clause. 14.3 You irrevocably appoint us and each director of us as your true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any documents on your behalf. 14.4 Where you have left any Asset/s or item/s with us for any services and we have not received or been tendered the whole of any moneys owning to us by you, we shall have, until such a time as all monies owing to us are paid:a) a lien on the Asset/s or item/s; andb) the right to retain or sell the Asset/s or item/s, with such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. 14.5 Our lien under this clause shall continue despite commencement of proceedings, or judgment for any moneys owning to us having been obtained against you.
15. Goods15.1 If any Goods as proposed to be provided in our quote are unavailable at the time of the Services being carried out, we, in our absolute discretion, may substitute a reasonable alternative. 15.2 We will not, unless otherwise agreed by us, use any goods supplied by you in the provision of the Services.
16. Warranties, Returns and Competition and Consumer Act 2010 (CTH) and indemnities16.1 Our warrantiesWe warrant to you that we:a) are appropriately qualified to provide the Services; b) will provide the Services in a proper and tradesman-like manner in accordance with all guidelines and requirements applicable; c) subject to clause 16.4 the Services will be provided to you free from defect;(Our Warranties). 16.2 With the exception of any warranties required to be given by us by law, we make no other warranties, promises or representations to you about the Services or any of the Goods including the performance of the Asset/s following deliver. 16.3 Our Warranties are given to you at the time of delivery and apply to the Services only in their form as at the sate of delivery. 16.4 Second-hand goodsWe may, at our discretion, offer to you the option to instruct us to order and use second-hand goods in the provision of the Services in order to reduce the Price for you. In the event that, in response to such an offer, you instruct us to order and use second-hand goods in the provision of the Services, you accept that we make no warranty as to the quality or shelf-life of those second-hand goods. You acknowledge that this waiver by you is reasonable and necessary in circumstances where the supplier may not offer any warranty on those goods and where the commercial benefit of using these goods is being passed on to you. You warrant and acknowledge that you will be afforded the opportunity to inspect the second-hand goods prior to delivery and accept the second-hand goods in their condition on delivery including any and all faults and defects. For the avoidance of doubt, we are under no obligation to offer to you the option to instruct us to order and use second-hand goods and any such offer is made as a courtesy only.16.5 Your warranties:You warrant to us that:a) you have received, read and understood this Agreement;b) you are the registered owner of the Asset/s, or a person duly authorised to act on behalf of the owner(s) of the Asset/s;c) you are capable of entering into this Agreement;d) you only use and will after delivery only use the Asset/s for it’s intended purpose;e) the Asset/s is/are registered to be owned and operated on public roads with the relevant government transport body in Australia and, unless you have otherwise advised us, can be safely and legally driven on public roads in Australia and Queensland specifically;f) we are authorised to drive your Asset/s on public roads and doing so will not breach any law or regulations;g) to the best of your knowledge the Asset/s is/are in good working order and safe for the purpose of the delivery of the Services, save or any matters specifically called out by you;h) you have, prior to entering into this Agreement, or will, before we commence the provision of the Services, brought to our attention any and all matters that you know, or ought to know, about the Asset/s that may impact the provision of the Services, including the performance of the any of the Services or resulting improvements after delivery of the Services (and acknowledge that we are under no obligation to make specific enquiries with you as to any such matters that should be disclosed to us in this respect);i) you have the financial capacity to make full payment of the Price;j) the Asset/s are adequately insured; k) if, after delivery of the Services, you become aware of any defects or potential defects with the Services, or circumstances that ought to make you aware of potential defects with the Services or the Asset/s generally, you will notify us as soon as practicable and no less that seven (7) days after delivery or three (3) days after becoming aware of the potential defects;l) you will, after delivery of the Services, follow any instructions given for the care of the Asset/s or otherwise (and in any event) take reasonable steps to maintain the Asset/s such that any improvements to the Asset/s undertaken during the provision of the Services are preserved(Your Warranties).16.6 Voiding Our WarrantiesOur Warranties will be voided if:a) the Asset/s is damaged, after delivery of the Services, due to circumstances unrelated to the Services and outside of our control; b) you cause the Asset/s to be altered, including by way of repair work or aesthetic modifications, by any person other than us, such that those alterations impact the Services; c) you cause the Asset/s to be used for purposes outside of their intended purpose or the purpose that you disclosed to us that the Asset/s would be used (for instance, if you disclose that the Asset/s is/are used for personally use only, but you then use the Asset/s for commercial purposes); d) you sell or otherwise transfer your interest in the Asset/s; ore) you breach any of Your Warranties. 16.7 Acknowledgements by youWe will take every reasonable precaution in providing the Services, however, you acknowledge and agree that we will not be liable in respect of:a) services outside of the scope of the Services;b) loss incurred in relation to the Services as a result of factors that were out of our control/unforeseen/not visible prior to commencement of the Services including the requirement for additional services or the work of additional tradespeople;c) loss incurred related to the Services as a result of factors that were known by you or ought to have been known by you that you did not disclose to us;d) any effect the Services may have on any manufacturer’s warranty for products/improvements on the Asset/s that we did not deliver/install as part of the Services;e) any damage or loss incurred by you as a result, direct or indirect, of our provision of the Services in the event that the cause of such damage is a consequence, direct or indirect, of a breach of one or more of Your Warranties; orf) any damage to the Asset/s which is not due to our negligence or breach of this agreement.
17. Remedies17.1 Subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the ACL) we warrant that if a defect in any of the Services carried out by us is identified within six (6) months from the date of completion, then we will either replace or repair the Services subject to the terms of this Agreement (and specifically subject to clause 16.6).17.2 This warranty will not be applicable in any of the following:a) the alleged defect or damage caused was a result, direct or indirect, of a breach by you of any of Your Warranties or otherwise by your negligence.b) you continue to use any of the Asset/s after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user;c) you allow someone other than a licensed professional to deal with the products;d) if the Services become defective due to fair wear and tear, any accident or natural disaster.17.3 In respect of all claims under this warranty, we will not be liable to compensate you for any delay in either replacing or remedying the Services or in properly assessing your claim.17.4 We may, at our sole discretion, agree to accept non-defective Goods for return by you, in which case we reserve the right to refund you the cost of those Goods less a handling fee of up to twenty per-cent (20%).17.5 Notwithstanding anything included in this Agreement, if we are required by the ACL or any relevant law to remedy a breach of a warranty given in any manner other than as proposed under clause 17.1, we will do so on the conditions imposed by that law.17.6 You indemnify us for any loss suffered by us arising, directly or indirectly, from a breach of any of Your Warranties including but not limited to any fines or other penalties imposed on us. 17.7 You must, within seven (7) days of receiving a demand from us, pay to us as a liquidated debt the amount of any fine or penalty imposed on us as a result, direct or indirect, of a breach of any of Your Warranties.17.8 Subject to the express provisions of this Agreement and the relevant law, we will not be liable whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit or earnings) suffered by you arising out of a breach of this Agreement by us and in any event any liability shall be limited to the damages actually suffered and not exceeding the cost of the Services.
18. Intellectual Property18.1 Where we have designed, drawn or developed any part of the Services for you, we own all intellectual property rights and interests in respect of those drawings and designs and will be under no obligation to provide any of those documents to you or any third party (unless required by law). 18.2 You warrant that, where any designs, specifications or instructions for the Services have been given to us by you, the provision of those services by us will not cause us to infringe on any intellectual property rights including any patent, registered design or trademark and you indemnify us wholly against any action taken by any third party against us in respect of any such alleged infringement. 18.3 You agree that we may, at no cost, use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods that wee have created for you.
19. Dispute resolutionIf a dispute arises between the parties to this Agreement then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; andb) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
20. Cancellation20.1 We may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are delivered by giving written notice to you. On giving such notice, we shall repay to the you any money paid by the you for the Services not yet provided. We shall not be liable for any loss or damage whatsoever arising from such cancellation.20.2 You may cancel this Agreement at any time before the delivery of the Services however remain liable for any portion of the Price that relates to the Services already performed as at the date we receive your notice.
21. Compliance with laws21.1 Parties to this Agreement shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.21.2 You must obtain, at your sole cost, all licences and approvals that may be required for the Services.
22. Privacy23. Personal GuaranteeIf you are a company, we may request, and you must provide, personal guarantees from at least one director of the Company.24. Privacy24.1 You agree to us obtaining from a credit reporting agency a credit report containing personal credit information in relation to credit provided by us, 24.2 You agree that we may exchange information about to with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes:a) to assess an application by you; b) to notify other credit providers of a default by you;c) to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/ord) to assess your creditworthiness. You understand that the the information exchanged can include anything about your creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.24.3 You consent to us being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).24.4 You agree that personal credit information provided may be used and retained by us for the following purposes (and for other purposes as shall be agreed between the parties or required by law from time to time):a) the provision of Services;b) the marketing of Services by us, our agents or distributors; c) analysing, verifying and/or checking your credit, payment and/or status in relation to the provision of Services; and/ord) processing of any payment instructions, direct debit facilities and/or credit facilities requested by you; and/ore) enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the Services.24.5 We may give information about you to a credit reporting agency for the following purposes:a) to obtain a consumer credit report about you;b) allow the credit reporting agency to create or maintain a credit information file containing information about you.24.6 The information given to the credit reporting agency may include:a) personal particulars (your name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);b) details concerning your application for credit or commercial credit and the amount requested;c) advice that we are a current credit provider to you; d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; e) that your overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;f) information that, in our opinion, you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations);g) advice that cheques drawn by you for one hundred dollars ($100) or more, have been dishonoured more than once;h) that credit provided to you by us has been paid or otherwise discharged.
25. Dispute Resolution 25.1 If a dispute arises out of or in connection with this Agreement, the aggrieved party shall, within two (2) Business Days of the dispute arising, give to the other party written notice of the dispute stating the details of the dispute.25.2 The parties shall meet within five (5) Business Days of the notice of dispute being received by the other party and make reasonable endeavours to resolve the dispute.
26. General26.1 Entire AgreementThis Agreement contains the entire understanding between the parties as to the subject matters contained within it, and all previous agreements, representations, warranties, explanations and commitments, express or implied, affecting this subject matter are superseded by this Agreement and have no effect.26.2 Variations This Agreement may only be varied or replaced by a document in writing duly executed by the parties.26.3 Severance a) If any provision of the Agreement is unenforceable, illegal or void in its terms, but would not be unenforceable, illegal or void if read down and is capable of being read down, that provision must be read down accordingly.b) If, despite clause 26.3(a)(a), a provision is still unenforceable, illegal or void and is not capable of being read down, then that provision is severed and the other provisions of this Agreement remain in full force and effect.26.4 Waivera) A single or partial exercise or waiver of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.b) No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.26.5 Governing law and jurisdictionThis Agreement is governed by and construed in accordance with the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland in relation to all matters arising under or relating to this Agreement.26.6 AssignmentWe may, at any time and without notice to you, assign our interest in and benefit under this Agreement. 26.7 Multiple entitiesIf you are more than one person/entity then the provisions of this agreement are binding on each of you jointly and severally.26.8 CounterpartsThis Agreement may be executed in any number of counterparts.26.9 Independent Legal Advicea) You agree and acknowledge that you have been adored the opportunity to obtain independent legal advice in relation to this Agreement. b) The contra proferentem rule and other rules of construction will not apply to disadvantage a party, whether that party proposed the relevant clause, was responsible for drafting all or part of it, or would otherwise benefit from it.26.10 Surviving clausesAny clause of this Agreement which in order to give effect to its provisions must survive the termination of this Agreement, shall survive said termination.