Definitions  

1. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or  other document or amendments expressed to be supplemental to this Contract. 
2. “Seller” means Blue Dog Protective Coatings Pty Ltd ATF Copley Family Trust or any person acting on behalf  of and with the authority of Copley Family Trust trading as Blue Dog Protective Coatings Pty Ltd. 
3. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client  requesting the Seller 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 partnership, it shall bind each partner jointly and severally; and 
   (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and 
   (d) includes the Client’s executors, administrators, successors and permitted assigns. 
4. “Services” means all Services (including consultation, manufacturing and/or installation services) or Goods  supplied by the Seller to the Client at the Client’s request from time to time (where the context so permits the  terms ‘Services’ or ‘Goods’ shall be interchangeable for the other). 
5. "Confidential Information” means information of a confidential nature whether oral, written or in electronic  form including, but not limited to, this Contract, either party’s intellectual property, operational information,  trade secrets, financial and commercial affairs, contracts, any information relating to our clients including but  not limited to, “Personal Information” such as mandatory contact information and delivery details (e.g. name,  street address, electronic communication contact details, email, social media connection and phone details). 
6. “Cookies” means background electronic files which are stored on a user’s computer which contain small  amounts of data which can include Personal Information which is specific to a particular client and websitez. For  transparency this information can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client  has the right to enable / disable their Cookies, prior to ordering Goods via our website. 
7. “Price” means the Price payable (plus any GST where applicable) for the Services as agreed between the  Seller and the Client in accordance with clause 5 below. 
8. “GST” means Goods and Services Tax (GST) as defined within the (Goods and Services Tax) Act 1999. 

Acceptance  

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 any Services. 
2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior  document or schedule that the parties have entered into, the terms of this Contract shall prevail. 
3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by  the consent of both parties. 
4. The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has  completed a credit application with the Seller and it has been approved with a credit limit established for the  account.
5. In the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds  the payment terms, the Seller reserves the right to refuse delivery. 
6. Where the Seller gives any advice, recommendation, information, assistance or service provided by the  Seller in relation to Goods or Services supplied is given in good faith to the Client, or the Client’s agent, and is  based on the Seller’s own knowledge and experience and shall be accepted without liability on the part of the  Seller. Where such advice or recommendations are not acted upon then the Seller shall require the Client or  their agent to authorise commencement of the Services in writing. The Seller shall not be liable in any way  whatsoever for any damages or losses that occur after any subsequent commencement of the Services. 
7. 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. 

Errors and Omissions   

1. The Client acknowledges and accepts that the Seller 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 Seller 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 Seller in respect of  the Services. 
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 Seller; the Client shall not be entitled to treat this Contract as  repudiated nor render it invalid. 

Change in Control  

1. The Client shall give the Seller 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, change of trustees or business practice). The  Client shall be liable for any loss incurred by the Seller as a result of the Client’s failure to comply with this  clause. 

Price and Payment  

1. At the Seller’s sole discretion the Price shall be either: 
   (a) as indicated on invoices provided by the Seller to the Client in respect of Services performed or Goods  supplied; or 
   (b) the Seller’s quoted Price (subject to clause 5.2) which shall be binding upon the Seller provided that the  Client shall accept the Seller’s quotation in writing within thirty (30) days. 
2. The Seller reserves the right to change the Price: 
   (a) if a variation to the Goods which are to be supplied is requested; or 
   (b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is  requested; or 
   (c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties, including,  but not limited to, limitations to accessing the site, inclement weather, obscured/latent defects which require  remedial work, health hazards and safety considerations (e.g. asbestos or toxic substances) prerequisite work by any third party not being completed or additional surface preparation, etc.) which are only discovered on  commencement of the Services; or 
   (d) in the event of increases to the Seller in the cost of labour or materials which are beyond the Seller’s control. 
3. Variations will be charged for on the basis of the Seller’s quotation, and will be detailed in writing, and  shown as variations on the Seller’s invoice. The Client shall be required to respond to any variation submitted by  the Seller within ten (10) working days. Failure to do so will entitle the Seller 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. 
4. At the Seller’s sole discretion a non-refundable deposit of up to twenty percent (20%) may be required prior  to provision of Services. 
5. Time for payment for the Services being of the essence, the Price will be payable by the Client on the date/s  determined by the Seller, which may be: 
   (a) on completion of the Services; or 
   (b) thirty (30) 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 which is either seven (7), fourteen (14) or thirty (30) days following the date of any invoice given to  the Client by the Seller; 
   (d) the date specified on any invoice or other form as being the date for payment; or 
   (e) 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 Seller. 
6. Payment may be made by cash, electronic/online banking, credit card (a surcharge may apply per  transaction), or by any other method as agreed to between the Client and the Seller. 
7. The Seller may, in its discretion, allocate any payment received from the Client towards any invoice that the  Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client  the Seller may re-allocate any payments previously received and allocated. In the absence of any payment  allocation by the Seller, payment will be deemed to be allocated in such manner as preserves the maximum  value of the Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods. 
8. 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 Seller nor to withhold payment of any invoice because part of that invoice is in  dispute. 
9. Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the  Seller an amount equal to any GST the Seller must pay for any supply by the Seller 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.  

Delivery of the Services  

1. Subject to clause 6.2 it is the Seller’s responsibility to ensure that the Services start as soon as it is  reasonably possible. 
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 Seller claims an extension of time (by giving the Client written notice) where  completion is delayed by an event beyond the Seller’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 Seller that the site is ready. 
3. At the Seller’s sole discretion, the cost of delivery is included in the Price. 
4. Any time specified by the Seller for delivery of the Services is an estimate only and the Seller 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 Services to be supplied at the time and place as was  arranged between both parties. In the event that the Seller is unable to supply the Services as agreed solely due  to any action or inaction of the Client, then the Seller shall be entitled to charge a reasonable fee for resupplying  the Services at a later time and date, and/or for storage of the Goods.  

Risk  

1. If the Seller retains ownership of the Goods under clause 10 then: 
   (a) where the Seller 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 either; 
       (i) the Client or the Client’s nominated carrier takes possession of the Goods at the Seller’s address; or 
       (ii) the Goods are delivered by the Seller or the Seller’s nominated carrier to the Client’s nominated delivery  address (even if the Client is not present at the address). 
   (b) where the Seller is to both supply and install Goods then the Seller 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. 
2. Notwithstanding the provisions of clause 7.1 if the Client specifically requests the Seller to leave Goods  outside the Seller’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. 
3. The Client warrants that the existing surface upon which Goods are to be applied, is sound and of suitable  condition, and will sustain the application thereof, and the Seller shall not be liable for any claims, demands,  losses, damages, costs and expenses howsoever caused or arising by the failure or poor integrity of the surface  upon which the Goods are applied. Any additional work required to repair surfaces to ensure the performance  of the Goods shall be charged in addition to the Price. 
4. The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information  provided by the Client. The Client acknowledges and agrees that in the event that any of this information  provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however  resulting from these inaccurate plans, specifications or other information. 
5. Where the Seller gives advice or recommendations to the Client, or the Client’s agent, with specific  instructions regarding the Services and such advice or recommendations are not acted upon, or where the  Client’s instructions to the Seller compromises the purpose of the Services, then the Seller shall not be liable in  any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services. 
6. The Client acknowledges and accepts that: 
   (a) the Seller is only responsible for parts that are replaced by the Seller and that in the event that other  parts/goods, subsequently fail, the Client agrees to indemnify the Seller against any loss or damage to the  goods, or caused by the goods, or any part; and 
   (b) whilst the Seller will make every effort to match sales samples to the finished Goods the Seller accepts no  liability whatsoever where such samples differ to the finished Goods supplied; and 
   (c) variations of colour and texture may be inherent in the Goods. The Seller shall not be liable for any loss,  damages or costs arising from any variation of the colour or texture between surfaces, the different areas  treated and/or batches supplied; and 
   (d) Goods supplied may expand, contract, mark or stain if exposed to certain substances and may be damaged  or disfigured by impact or scratching; and 
   (e) whilst every care shall be taken by the Seller, any damage to the surrounding area or breakage to the Client’s  existing glass, damage to existing paintwork during the Services by the Seller shall be at the Client’s own risk. 

Access and Outside Agents  

1. The Client shall ensure that the Seller has clear and free access to the site at all times to enable them to  provide the Services. The Seller 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 Seller. 
2. The Seller shall not be held responsible for any damage caused by outside agents. Where the Client requests  the Seller to repair such damage, then the Seller reserves the right to charge the Client for any costs incurred in  rectifying such damage. 

Compliance with Laws  

1. The Client and the Seller 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, including any work health  and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or  legislation. 
2. The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required.

Title  

1. 1 The Seller and the Client agree that ownership of the Goods shall not pass until: 
   (a) the Client has paid the Seller all amounts owing to the Seller; and 
   (b) the Client has met all of its other obligations to the Seller. 
2. Receipt by the Seller 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. 
3. It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 10.1: 
   (a) the Client is only a bailee of the Goods and unless the Goods have become fixtures must return the Goods to  the Seller on request. 
   (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Seller and must pay to the  Seller the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
   (c) the production of these terms and conditions by the Seller shall be sufficient evidence of the Seller’s rights to  receive the insurance proceeds direct from the insurer without the need for any person dealing with the Seller  to make further enquiries. 
   (d) 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 Seller and must pay or deliver the proceeds to  the Seller on demand. 
   (e) 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 Seller and must sell, dispose of or  return the resulting product to the Seller as it so directs. 
   (f) unless the Goods have become fixtures the Client irrevocably authorises the Seller to enter any premises  where the Seller believes the Goods are kept and recover possession of the Goods. 
   (g) the Seller may recover possession of any Goods in transit whether or not delivery has occurred. 
   (h) 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 Seller. 
   (i) the Seller may commence proceedings to recover the Price of the Goods sold notwithstanding that  ownership of the Goods has not passed to the Client. 

Personal Property Securities Act 2009 (“PPSA”)  

1. In this clause financing statement, financing change statement, security agreement, and security interest  has the meaning given to it by the PPSA. 
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 Seller for  Services – that have previously been supplied and that will be supplied in the future by the Seller to the Client. 
3. The Client undertakes to: 
   (a) promptly sign any further documents and/or provide any further which the Seller may reasonably require to: 
       (i) register a financing statement or financing change statement;  
       (ii) register any other document required to be registered by the PPSA; or 
       (iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii); 
   (b) indemnify, and upon demand, reimburse, the Seller 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 Seller; 
   (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 Seller; 
   (e) immediately advise the Seller 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. 
4. The Seller 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.
5. The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and  132(4) of the PPSA. 
6. The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 
7. Unless otherwise agreed to in writing by the Seller, the Client waives its right to receive a verification  statement in accordance with section 157 of the PPSA. 
8. The Client shall unconditionally ratify any actions taken by the Seller under clauses 11.3 to 11.5. 
9. Subject to any express provisions to the contrary (including those contained in this clause 11) nothing in  these terms and conditions is intended to have the effect of contracting out of any of the provisions of the  PPSA. 

Security and Charge  

1. In consideration of the Seller 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). 
2. The Client indemnifies the Seller from and against all the Seller’s costs and disbursements including legal  costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause. 
3. The Client irrevocably appoints the Seller and each director of the Seller as the Client’s true and lawful  attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not  limited to, signing any document on the Client’s behalf. 

Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)  

1. The customer is responsible for inspecting all goods on delivery (or the Services on completion) and must  within forty-eight (48) hours of delivery notify the Seller in writing of any evident defect/damage, shortage in  quantity, or failure to meet your order expectations. The Client must notify any other alleged defect in the  Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification  the Client must allow the Seller to inspect the Goods or to review the Services provided. 
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.  
3. The Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the  Non-Excluded Guarantees. 
4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees,  the Seller makes no warranties or other representations under these terms and conditions including but not  limited to the quality or suitability of the Goods/Services. The Seller’s liability in respect of these warranties is  limited to the fullest extent permitted by law. 
5. If the Client is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent  permitted by section 64A of Schedule 2. 
6. If the Seller is required to replace any Goods under this clause or the CCA, but is unable to do so, the Seller  may refund any money the Client has paid for the Goods. 
7. If the Seller is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or  the CCA, but is unable to do so, then the Seller may refund any money the Client has paid for the Services but  only to the extent that such refund shall take into account the value of Services and Goods which have been  provided to the Client which were not defective.
8. If the Client is not a consumer within the meaning of the CCA, the Seller’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 Seller at the  Seller’s sole discretion; 
   (b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods; (c) otherwise negated absolutely. 
9. Subject to this clause 13, returns will only be accepted provided that: 
   (a) the Client has complied with the provisions of clause 13.1; and 
   (b) the Seller 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. 
10. Notwithstanding clauses 13.1 to 13.9 but subject to the CCA, the Seller 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 to use any Goods after any defect became apparent or should have become apparent  to a reasonably prudent operator or user; 
    (d) interference with the Services by the Client or any third party without the Seller’s prior approval;
    (e) the Client failing to follow any instructions or guidelines provided by the Seller; 
    (f) fair wear and tear, any accident, or act of God. 
11. Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return then  the Seller will only accept a return on the conditions imposed by that law. 

Intellectual Property  

1. The Client agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any  competition, any documents, designs, drawings, plans or products which the Seller has created for the Client. 

Default and Consequences of Default  

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 Seller’s sole discretion such  interest shall compound monthly at such a rate) after as well as before any judgment. 
2. If the Client owes the Seller any money the Client shall indemnify the Seller from and against all costs and  disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration  fees, legal costs on a solicitor and own client basis, the Seller’s contract default fee, and bank dishonour fees). 
3. Further to any other rights or remedies the Seller may have under this Contract, if a Client has made  payment to the Seller, 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 Seller under this clause 15 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.
4. Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part  of any order of the Client which remains unfulfilled and all amounts owing to the Seller shall, whether or not  due for payment, become immediately payable if: 
   (a) any money payable to the Seller becomes overdue, or in the Seller’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 Seller; 
   (c) the Client becomes insolvent or bankrupt, 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. 

Cancellation  

1. Without prejudice to any other remedies the Seller 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 Seller may suspend or  terminate the supply of Services to the Client. The Seller will not be liable to the Client for any loss or damage  the Client suffers because the Seller has exercised its rights under this clause. 
2. The seller (Blue Dog Protective Coatings Pty Ltd) reserves the right to cancel any contract to which these  terms and conditions apply or cancel delivery of product or services at any time before the Services are  commenced by giving written notice to the Client. On giving such notice the Seller shall repay to the Client any  sums paid in respect of the Price, less any amounts owing by the Client to the Seller for Services already  performed. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation. 
3. In the event that the Client cancels the delivery of Services the Client shall be liable for any and all loss  incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited  to, any loss of profits). 

Dispute Resolution  

1. If a dispute arises between the parties to this Contract 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 provide further notice in  writing, which can be delivered in person or 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; and 
   (b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial  Arbitration.

Privacy Policy  

1. All emails, documents, images or other recorded information held or used by the Seller is Personal  Information, as defined and referred to in clause 18.3, and therefore considered Confidential Information.  
   The Seller acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal  Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy  Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements. 
   The Seller acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the  Clients Personal Information, held by the Seller that may result in serious harm to the Client, the Seller will  notify the Client in accordance with the Act. Any release of such Personal Information must be in accordance  with the Act and must be approved by the Client by written consent, unless subject to an operation of law. 
2. Notwithstanding clause 18.1, privacy limitations will extend to the Seller in respect of Cookies where  transactions for purchases/orders transpire directly from the Seller’s website. The Seller agrees to display  reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable),  such technology allows the collection of Personal Information such as the Client’s: 
   (a) IP address, browser, email client type and other similar details; 
   (b) tracking website usage and traffic; and 
   (c) reports are available to the Seller when the Seller sends an email to the Client, so the Seller may collect and  review that information (“collectively Personal Information”) In order to enable / disable the collection of  Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by  selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via  the Seller’s website. 
3. The Client agrees for the Seller to obtain from a credit reporting body (CRB) a credit report containing  personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact  (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information  (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by  the Seller. 
4. The Client agrees that the Seller 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 credit worthiness of the Client including the Client’s repayment history ( previous 2 years ). 
5. The Client consents to the Seller being given a consumer credit report to collect overdue payment on  commercial credit. 
6. The Client agrees that personal credit information provided may be used and retained by the Seller 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. 
7. The Seller 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. 
8. The information given to the CRB may include: 
   (a) Personal Information as outlined in 18.3 above; 
   (b) name of the credit provider and that the Seller 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  Seller 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 Seller, the Client has committed a serious credit infringement.; 
   (h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty  dollars ($150). 
9. The Client shall have the right to request (by e-mail) from the Seller: 
   (a) a copy of the Personal Information about the Client retained by the Seller and the right to request that the  Seller correct any incorrect Personal Information; and 
   (b) that the Seller does not disclose any Personal Information about the Client for the purpose of direct marketing. 
10. The Seller 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. 
11. The Client can make a privacy complaint by contacting the Seller via e-mail. The Seller 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. 

Service of Notices  

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. 
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.

Trusts  

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 Seller may have notice of the Trust, the Client covenants  with the Seller 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 Seller (the Seller 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. 

 

Version 2021/05