Concrete Partners Pty Ltd– Terms & Conditions of Trade
Concrete Partners P/L T/A Sports Construction Group

1. Definitions
1.1 “Contractor” means Concrete Partners Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of
Concrete Partners Pty Ltd.
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting the Contractor to provide the
Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.
1.3 “Goods” means all Goods or Services supplied by the Contractor to the Client at the Client’s request from time to time (where the context so
permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between the Contractor and the Client in
accordance with clause 5 below.
1.5 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client
places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any
inconsistency with any other document or contract between the Client and the Contractor.
2.3 These terms and conditions may be meant to be read in conjunction with the Contractor’s Hire Form, and:
(a) where the context so permits, the terms ‘Goods’ or ‘Services’ shall include any supply of Equipment, as defined therein; and
(b) if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.
2.4 In the event that the Contractor is required to provide the Services urgently, requiring the Contractor’s staff to work outside normal business
hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays), then the Contractor reserves the right to
charge the Client additional labour costs (penalty rates will apply) as per clause 5.2, unless otherwise agreed between the Contractor and
the Client.
2.5 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the
Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual
error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful
misconduct of the Contractor; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client
and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax
number/s, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply
with this clause.
5. Price and Payment
5.1 At the Contractor’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Contractor to the Client; or
(b) the Contractor’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of
thirty (30) days.
5.2 The Contractor reserves the right to change the Price if a variation to the Contractor’s quotation is requested. Any variations (including, but
not limited to, any variation as a result of increases to the Contractor in the cost of materials and labour or where additional Services are
required due to the discovery of hidden or unidentifiable difficulties including, but not limited to, poor weather conditions, limitations to
accessing the site, safety considerations, prerequisite work by any third party not being completed, obscured building defects, change of
design, hard rock barriers below the surface or iron reinforcing rods in concrete, or hidden pipes and wiring in walls etc) will be charged for
on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the Contractor’s invoice. The Client
shall be required to respond to any variation submitted by the Contractor within ten (10) working days. Failure to do so will entitle the
Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
5.3 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor,
which may be:
(a) on delivery of the Goods;
(b) fourteen (14) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
5.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client
and the Contractor.
5.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the
Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
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5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Contractor an amount equal to
any GST the Contractor must pay for any supply by the Contractor under this or any other contract for the sale of the Goods. The Client
must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In
addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly
included in the Price.
6. Delivery of Goods
6.1 Subject to clause 6.2 it is the Contractor’s responsibility to ensure that the Services start as soon as it is reasonably possible.
6.2 The Services’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that
the Contractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the
Contractor’s control, including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the site ready for the Services; or
(c) notify the Contractor that the site is ready.
6.3 At the Contractor’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
6.4 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the
quantity purchased provided that:
(a) such discrepancy in quantity shall not exceed five percent (5%); and
(b) the Price shall be adjusted pro rata to the discrepancy.
6.5 The Contractor may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the
provisions in these terms and conditions.
6.6 Any time specified by the Contractor for delivery of the Goods is an estimate only and the Contractor will not be liable for any loss or damage
incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the
Goods to be delivered at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the
Goods as agreed solely due to any action or inaction of the Client, then the Contractor shall be entitled to charge a reasonable fee for
redelivery and/or storage.
7. Risk
7.1 If the Contractor retains ownership of the Goods under clause 12 then:
(a) where the Contractor is supplying Goods only, all risk for the Goods shall immediately pass to the Client on delivery and the Client must
insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that the
Goods are delivered by the Contractor or the Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client
is not present at the address).
(b) where the Contractor is to both supply and install Goods then the Contractor shall maintain a contract works insurance policy until the
Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client.
7.2 Notwithstanding the provisions of clause 7.1 if the Client specifically requests the Contractor to leave Goods outside the Contractor’s
premises for collection or to deliver the Goods to an unattended location then such materials shall always be left at sole risk of the Client and
it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or
destroyed then replacement of the Goods shall be at the Client’s expense.
7.3 Where the Client has supplied materials for the Contractor to complete the Services, the Client acknowledges that he accepts responsibility
for the suitability of purpose, quality and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the
Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
7.4 The Client acknowledges that variations of colour and texture are inherent in concrete. The Contractor shall not be liable for any loss,
damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of product.
7.5 Detailed drawings of any services that will be embedded in the concrete are to be provided to the Contractor prior to commencement of any
Services. Whilst all due care will be taken no liability will be accepted by the Contractor for damage to the Services or any other element
embedded in the concrete.
7.6 The Client acknowledges that the curing time for concrete can be affected by elements such as temperature or the weather, as such the
Contractor offers no guarantee as to the length of time the curing process will take.
7.7 The Contractor offers no guarantee against cracking of concrete.
7.8 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of the worksite for the
laying of concrete slabs, foundations or similar works and such advice or recommendations are not acted upon then the Contractor shall
require the Client or their agent to authorise commencement of the Services in writing. The Contractor shall not be liable in any way
whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
7.9 The Client shall supply an area suitable for washing out the Contractor’s equipment and for depositing all unused concrete and slurry.
8. Measurement of Concreting Services
8.1 At the completion of the Services the Client or the representative of the Client shall be in attendance and the Services shall then be duly
measured. In the absence of either the Client or their representative the Contractor shall carry out the necessary measurements and forward
to the Client their calculations. If the Client does not object to the calculations within seven (7) days of receipt of the same then it shall be
deemed acceptance of the same and the Services completed.
9. Compliance with Laws
9.1 The Client and the Contractor 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.
9.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.
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9.3 The Client agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other
relevant safety standards or legislation.
10. Access
10.1 The Client shall ensure that the Contractor has clear and free access to the worksite at all times to enable them to undertake the Services.
The Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and
concreted or paved or grassed areas) unless due to the negligence of the Contractor.
11. Underground Locations
11.1 Prior to the Contractor commencing any work the Client must advise the Contractor of the precise location of all underground services on the
site and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical
services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone
cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
11.2 Whilst the Contractor will take all care to avoid damage to any underground services the Client agrees to indemnify the Contractor in respect
of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause
11.1.
12. Title
12.1 The Contractor and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid the Contractor all amounts owing to the Contractor; and
(b) the Client has met all of its other obligations to the Contractor.
12.2 Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised.
12.3 It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 12.1:
(a) the Client is only a bailee of the Goods and must return the Goods to the Contractor on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Contractor and must pay to the Contractor the
proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for
market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act
on trust for the Contractor and must pay or deliver the proceeds to the Contractor on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the
resulting product on trust for the benefit of the Contractor and must sell, dispose of or return the resulting product to the Contractor as it
so directs.
(e) the Client irrevocably authorises the Contractor to enter any premises where the Contractor believes the Goods are kept and recover
possession of the Goods.
(f) the Contractor may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while
they remain the property of the Contractor.
(h) the Contractor may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not
passed to the Client.
13. Personal Property Securities Act 2009 (“PPSA”)
13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the
PPSA.
13.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary
obligation of the Client to the Contractor for Services – that have previously been supplied and that will be supplied in the future by the
Contractor to the Client.
13.3 The Client undertakes 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 the Contractor may reasonably require to;
(i) register a financing statement or financing change 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; or
(iii) 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, the Contractor for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral
(account) in favour of a third party without the prior written consent of the Contractor;
(e) immediately advise the Contractor of any material change in its business practices of selling the Goods which would result in a change in
the nature of proceeds derived from such sales.
13.4 The Contractor and the Client 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 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
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13.7 Unless otherwise agreed to in writing by the Contractor, the Client waives their right to receive a verification statement in accordance with
section 157 of the PPSA.
13.8 The Client must unconditionally ratify any actions taken by the Contractor under clauses 13.3 to 13.5.
13.9 Subject to any express provisions to the contrary (including those contained in this clause 13) nothing in these terms and conditions is
intended to have the effect of contracting out of any of the provisions of the PPSA.
14. Security and Charge
14.1 In consideration of the Contractor agreeing to supply the Goods, the Client 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).
14.2 The Client indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and
own Client basis incurred in exercising the Contractor’s rights under this clause.
14.3 The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s 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 document on the Client’s behalf.
15. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
15.1 The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify the Contractor in writing of any evident
defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the
Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Contractor to
inspect the Goods.
15.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and
warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-
Excluded Guarantees).
15.3 The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
15.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no
warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The
Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
15.5 If the Client is a consumer within the meaning of the CCA, the Contractor’s liability is limited to the extent permitted by section 64A of
Schedule 2.
15.6 If the Contractor is required to replace the Goods under this clause or the CCA, but is unable to do so, the Contractor may refund any money
the Client has paid for the Goods.
15.7 If the Client is not a consumer within the meaning of the CCA, the Contractor’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by the Contractor at the Contractor’s sole discretion;
(b) limited to any warranty to which the Contractor is entitled, if the Contractor did not manufacture the Goods;
(c) otherwise negated absolutely.
15.8 Subject to this clause 15, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 15.1; and
(b) the Contractor has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
15.9 Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, the Contractor shall not be liable for any defect or damage which may be
caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent
operator or user;
(d) the Client failing to follow any instructions or guidelines provided by the Contractor;
(e) fair wear and tear, any accident, or act of God.
15.10 Notwithstanding anything contained in this clause if the Contractor is required by a law to accept a return then the Contractor will only accept
a return on the conditions imposed by that law.
15.11 Subject to clause 15.1, customised, or non-stocklist items or Incidental Items made or ordered to the Client’s specifications are not
acceptable for credit or return.
16. Intellectual Property
16.1 Where the Contractor has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and
documents shall remain the property of the Contractor. Under no circumstances may such designs, drawings and documents be used
without the express written approval of the Contractor.
16.2 The Client warrants that all designs, specifications or instructions given to the Contractor will not cause the Contractor to infringe any patent,
registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Contractor against any action
taken by a third party against the Contractor in respect of any such infringement.
16.3 The Client agrees that the Contractor may (at no cost) use for the purposes of marketing or entry into any competition, any documents,
designs, drawings or Goods which the Contractor has created for the Client.
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17. Default and Consequences of Default
17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a
half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as
well as before any judgment.
17.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred
by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Client
basis, the Contractor’s contract default fee, and bank dishonour fees).
17.3 Further to any other rights or remedies the Contractor may have under this contract, if a Client has made payment to the Contractor, and the
transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs
incurred by the Contractor under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention
to the Client’s obligations under this contract.
17.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when
it falls due;
(b) the Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes
an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
18. Cancellation
18.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those
relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Goods to the Client. The
Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this
clause.
18.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods
are delivered by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any money paid by the
Client for the Goods. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation.
18.3 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the
Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).
18.4 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production
has commenced, or an order has been placed.
19. Privacy Act 1988
19.1 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g.
name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the
Contractor.
19.2 The Client agrees that the Contractor may exchange information about the Client with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit
providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
19.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.
19.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for
other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
19.5 The Contractor may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
19.6 The information given to the CRB may include:
(a) personal information as outlined in 19.1 above;
(b) name of the credit provider and that the Contractor is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account
and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty
(60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that
the Client no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding
that discharge (e.g. dates of payments);
(g) information that, in the opinion of the Contractor, the Client has committed a serious credit infringement;
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(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
19.7 The Client shall have the right to request (by e-mail) from the Contractor:
(a) a copy of the information about the Client retained by the Contractor and the right to request that the Contractor correct any incorrect
information; and
(b) that the Contractor does not disclose any personal information about the Client for the purpose of direct marketing.
19.8 The Contractor will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in
order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
19.9 The Client can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven
(7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.
In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
www.oaic.gov.au.
20. Service of Notices
20.1 Any written notice given under this contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this contract;
(c) by sending it by registered post to the address of the other party as stated in this contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the
transmission;
(e) if sent by email to the other party’s last known email address.
20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of
post, the notice would have been delivered.
21. Trusts
21.1 If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then
whether or not the Contractor may have notice of the Trust, the Client covenants with the Contractor as follows:
(a) the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not
purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right
of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
(c) the Client will not without consent in writing of the Contractor (the Contractor will not unreasonably withhold consent), cause, permit, or
suffer to happen any of the following events;
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
22. Building Industry Fairness (Security of Payment) Act 2017
22.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building
Industry Fairness (Security of Payment) Act 2017 may apply.
22.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building Industry Fairness
(Security of Payments) Act 2017 of Queensland, except to the extent permitted by the Act where applicable.
23. General
23.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland, the state in which the
Contractor has its principal place of business, and are subject to the jurisdiction of the Brisbane Courts in Queensland.
23.3 Subject to clause 15, the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or
expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively
the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
23.4 The Contractor may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
23.5 The Client cannot licence or assign without the written approval of the Contractor.
23.6 The Contractor may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this
contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the
Contractor’s sub-contractors without the authority of the Contractor.
23.7 The Client agrees that the Contractor may amend these terms and conditions by notifying the Client in writing. These changes shall be
deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further
request for the Contractor to provide Goods to the Client.
23.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other
event beyond the reasonable control of either party.
23.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do
so, they are not insolvent and that this contract creates binding and valid legal obligations on them.