Terms & Conditions
1.1 “AVH” means Allvet Healthcare Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Allvet Healthcare Pty Ltd.
1.2 “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally (where the context so permits, the term ‘Client’ shall also mean the Client’s duly authorised representative).
1.3 “Goods” means all Goods (including but not limited to any products, samples, prototypes etc.) or Services (including but not limited to design, manufacture etc.)supplied by AVH 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 Goods and Services Tax (GST) where applicable) for the Goods as agreed between AVH and the Client in accordance with clause 6
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 agreement between the Client and AVH.
2.3 Neither AVH, nor any of its employees or agents, warrant or guarantee the accuracy or completeness of any information provided to the Client. In the case of Client supplied information, the Client undertakes that all matters relevant to the supply of the Goods hereunder are to the Client’s satisfaction, and in doing so, the Client acknowledges that in deciding to purchase the Goods hereunder that:
- (a) they have relied on their own skill, inspection and judgement;
- (b) they have not relied on any statement made by AVH or its employees or agents;
- (c) they assume the risk of mistake in relation to the information provided.
3. Electronic Transactions Act 2000
3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4. Change in Control
4.1 The Client shall give AVH 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 AVH as a result of the Client’s failure to comply with this clause.
5. Authorised Representatives
5.1 Unless otherwise limited as per clause 2, the Client agrees that should the Client introduce any third party to AVH as the Client’s duly authorised representative, that once introduced that person shall have the full authority to act on behalf of the Client under this contract; such authority shall continue until the time that the Client notifies AVH otherwise that the said person is no longer the Client’s duly authorised representative.
5.2 In the event that the Client’s duly authorised representative, as per clause 1, is to have only limited authority to act on the Client’s behalf, then the Client must specifically and clearly advise AVH in writing of the parameters of the limited authority granted to that authorised representative.
5.3 The Client specifically acknowledges and accepts that they will be solely liable to AVH for all additional costs incurred by AVH (including AVH profit margin) in providing Goods and and/or Services requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 2 (if any)).
6. Price and Payment
6.1 At AVH’s sole discretion the Price shall be either:
- (a) as indicated on any invoice provided by AVH to the Client; or
- (b) AVH’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
6.2 AVH reserves the right to change the Price:
- (a) if a variation to AVH’s quotation is requested; or
- (b) if unforeseen circumstances, unidentifiable difficulties or delays which are beyond AVH’s control occur (including, but not limited to, change of design, supply chain delays, health hazards and safety considerations (such as the discovery of asbestos or other contaminents), any prerequisite Services by any third party not being carried out substantially or at all, availability of machinery, limitations to accessing the site where the Goods are to be supplied, inclement weather etc.) which are only discovered on commencement of the Services; or
- (c) in the event of increases to AVH in the cost of Goods and/or Services (including but not limited to variations in foreign currency rates of exchange, labour costs, freight costs, insurance costs etc.).
6.3 Variations will be charged for on the basis of AVH’s quotation, and will be detailed in writing, and shown as variations on AVH’s invoice. The Client shall be required to respond to any variation submitted by AVH within ten (10) working days. Failure to do so will entitle AVH 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.
6.4 At AVH’s sole discretion, a ten percent (10%) deposit may be required.
6.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date(s) determined by AVH, which may be:
- (a) upon delivery of the Goods or supply of the Services; or
- (b) by way of instalments/progress payments in accordance with AVH’s payment schedule;
- (c) thirty (30) days following the end of the month in which a statement is delivered to the Client’s address or address for notices;
- (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 AVH.
6.6 Payment may be made by cheque, bank cheque, electronic/on-line banking, credit card, or by any other method as agreed to between the Client and AVH.
6.7 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 AVH nor to withhold payment of any invoice because part of that invoice is in dispute.
6.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to AVH an amount equal to any GST AVH must pay for any supply by AVH under this or any other agreement 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.
7. Delivery of Goods
7.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
- (a) the Client or the Client’s nominated carrier takes possession of the Goods at AVH’s address; or
- (b) AVH (or AVH’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
7.2 Where the Client nominate’s a carrier, the Client must advise us of the same in writing. In the absence of written notification, AVH will choose a carrier on behalf of the Client.
7.3 At AVH’s sole discretion the cost of delivery is included in the Price.
7.4 AVH 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.
7.5 Any time specified by AVH for delivery of the Goods is an estimate only and AVH 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.
8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
8.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, AVH is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by AVH is sufficient evidence of AVH rights to receive the insurance proceeds without the need for any person dealing with AVH to make further enquiries.
8.3 If the Client requests AVH to leave Goods outside AVH’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
8.4 AVH shall not be liable for any defect or damage resulting from incorrect handling, storing and/or faulty installation of the Goods by the Client or any other third party.
8.5 The Client acknowledges that AVH is only responsible for parts that are replaced/supplied by AVH and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Client agrees to indemnify AVH against any loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising.
8.6 Where the Client has supplied any materials for AVH to complete the Goods and/or Services under this contract, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. AVH shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the use of materials supplied by the Client.
8.7 The Client acknowledges that variations of colour and texture are inherent in Goods and AVH shall not be liable for any loss, damage or costs howsoever arising resulting from any variation of the colour or texture between different batches of product.
8.8 Detailed drawings of any services that will be embedded in the Goods are to be provided to AVH prior to commencement of any Services. Whilst all due care will be taken no liability will be accepted by AVH for damage to the services or any other element embedded in the Goods.
8.9 The Client acknowledges and agrees that it is their responsibility to organise and be liable for all costs associated with protecting the Goods and shall take all reasonable precautions to protect against destruction or damage howsoever caused. In the event that the Goods are destroyed or damaged, then the cost of repair or replacement shall be borne by the Client.
8.10 AVH shall not be liable for any defect in the Goods/Services if the Client does not follow AVH’s recommendations.
8.11 AVH gives no guarantee (expressed or implied) that any repairs undertaken by AVH are everlasting; the Client acknowledges and accepts tthat any repair is deemed only a temporary solution.
9. Design, Construction, Samples , Prototypes and Products
9.1 Irrespective of whether designs/drawings/samples/products etc. pertaining to the Goods/Services have been supplied by the Client or by AVH; once a Client has approved and accepted in writing (by signing off on) any drawings/products etc., any modifications/alterations to the same will be at the sole cost of the Client (notwithstanding that the Client may have been required to bear or contribute to the cost of any products unless otherwise expressly agreed in writing by AVH.
9.2 All designs/products supplied or obtained by AVH in respect of the Goods/Services shall remain the property of AVH and be retained in its possession for five (5) years, unless otherwise expressly agreed in writing by AVH.
9.3 AVH, at its discretion, may supply any third party (without reference to the Client) with shapes that are identical or similar to those produced for the Client under this contract.
10. Accuracy of Client’s Plans and Measurements
10.1 Where the Client provides AVH with any design specifications or any other information or data relating to the Construction and/or Goods (including but not limited to CAD drawings, plans, specifications, measurements, quantities etc.):
- (a) it is the Client’s responsibility to verify the accuracy of the information before the Client or AVH places an order based on the information. AVH accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause;
- (b) AVH shall be entitled to rely on the accuracy of such information. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, AVH accepts no responsibility for any loss, damages, or costs however resulting therefrom.
11. Compliance and Consents
11.1 The Client and AVH shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods and/or Services, including any work health and safety (WHS) laws and any other relevant safety standards or legislation.
11.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the supply of Goods and/or Services under this contract.
12.1 AVH and the Client agree that ownership of the Goods shall not pass until:
- (a) the Client has paid AVH all amounts owing to AVH; and
- (b) the Client has met all of its other obligations to AVH.
12.2 Receipt by AVH 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 1:
- (a) the Client is only a bailee of the Goods and must return the Goods to AVH on request.
- (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for AVH and must pay to AVH 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 AVH and must pay or deliver the proceeds to AVH 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 AVH and must sell, dispose of or return the resulting product to AVH as it so directs.
- (e) the Client irrevocably authorises AVH to enter any premises where AVH believes the Goods are kept and recover possession of the Goods.
- (f) AVH 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 AVH.
- (h) AVH 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 PPS
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 AVH for Services – that have previously been supplied and that will be supplied in the future by AVH 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 AVH 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 3(a)(i) or 13.3(a)(ii);
- (b) indemnify, and upon demand reimburse, AVH 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 AVH;
- (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 AVH;
- (e) immediately advise AVH 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 AVH 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 hereby waives its 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 its 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 AVH, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
13.8 The Client shall unconditionally ratify any actions taken by AVH under clauses 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 AVH 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 AVH from and against all AVH’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising AVH’s rights under this clause.
14.3 The Client irrevocably appoints AVH and each director of AVH 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 all Goods on delivery (or the Services on completion) and must within sixty (60) days of delivery notify AVH 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/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow AVH to inspect the Goods or to review the Services provided.
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 AVH 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, AVH makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Services. AVH’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, AVH’s liability is limited to the extent permitted by section 64A of Schedule 2.
15.6 If AVH is required to replace any Goods under this clause or the CCA, but is unable to do so, AVH may refund any money the Client has paid for the Goods.
15.7 If AVH 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 AVH 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.
15.8 If the Client is not a consumer within the meaning of the CCA, AVH’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 AVH at AVH’s sole discretion;
- (b) limited to any warranty to which AVH is entitled, if AVH did not manufacture the Goods;
- (c) otherwise negated absolutely.
15.9 Where a Client has cause to make a warranty claim on any Goods supplied by AVH, the warranty extends only to the manufacturer’s warranty and does not include AVH’s labour costs. Any such costs would need to be agreed upon by the parties in accordance with clause 6.
15.10 Subject to this clause 15, returns will only be accepted provided that:
- (a) the Client has complied with the provisions of clause 1; and
- (b) AVH 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.
15.11 Notwithstanding clauses 1 to 15.10 but subject to the CCA, AVH 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 AVH’s prior approval;
- (e) the Client failing to follow any instructions or guidelines provided by AVH;
- (f) fair wear and tear, exposure to weather conditions over time, any accident, misuse, abuse, negligence, vandalism, alteration, modification;
- (g) faulty power supply, power failure, electrical strikes or surges, act of God (including but not limited to, lightning, flood, storm, extreme heat, fire, acidic or salty air or other occurrences) outside the control of AVH.
15.12 Overdue and/or outstanding monies owed to AVH for Goods and/or Services under this contract will render any warranty and guarantee null and void.
15.13 Notwithstanding anything contained in this clause 18 if AVH is required by a law to accept a return then AVH will only accept a return on the conditions imposed by that law.
16. Intellectual Property
16.1 Where AVH has designed, drawn or developed Goods for (or in conjuction with) the Client, then the copyright in any designs and drawings and documents shall remain the property of AVH. Under no circumstances may such designs, drawings and documents be used without the express written approval of AVH.
16.2 The Client warrants that all designs, specifications or instructions given to AVH will not cause AVH to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify AVH against any action taken by a third party against AVH in respect of any such infringement.
16.3 The Client agrees that AVH may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which AVH has created for the Client.
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 AVH’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 AVH any money the Client shall indemnify AVH from and against all costs and disbursements incurred by AVH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, AVH’s contract default fee, and bank dishonour fees).
17.3 Further to any other rights or remedies AVH may have under this contract, if a Client has made payment to AVH, 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 AVH 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 agreement.
17.4 Without prejudice to AVH’s other remedies at law AVH shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to AVH shall, whether or not due for payment, become immediately payable if:
17.5 any money payable to AVH becomes overdue, or in AVH’s opinion the Client will be unable to make a payment when it falls due;
- (a) the Client has exceeded any applicable credit limit provided by AVH;
- (b) 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
- (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
18.1 Without prejudice to any other remedies AVH may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions AVH may suspend or terminate the supply of Goods to the Client. AVH will not be liable to the Client for any loss or damage the Client suffers because AVH has exercised its rights under this clause.
18.2 AVH 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 AVH shall repay to the Client any money paid by the Client for the Goods. AVH 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 AVH 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 AVH 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 AVH.
19.2 The Client agrees that AVH 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 AVH 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 AVH for the following purposes (and for other agreed purposes or required by):
- (a) the provision of the Good/Services; and/or
- (b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Good/Services; 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 Good/Services.
19.5 AVH 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 1 above;
- (b) name of the credit provider and that AVH 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 AVH has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
- (g) information that, in the opinion of AVH, 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).
19.7 The Client shall have the right to request (by e-mail) from AVH:
- (a) a copy of the information about the Client retained by AVH and the right to request that AVH correct any incorrect information; and
- (b) that AVH does not disclose any personal information about the Client for the purpose of direct marketing.
19.8 AVH 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 agreement 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 AVH via e-mail. AVH 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 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.
21.1 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.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the Courts in that state.
21.3 Subject to clause 15, AVH 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 AVH of these terms and conditions (alternatively AVH liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
21.4 AVH may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
21.5 AVH may sub-contract all or any part of its rights and/or obligations under this contract with the written consent of the Client, which shall not be unreasonably withheld. Where AVH elects to sub-contract out any part of the Works, it shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and accepts that it has no authority to give any instruction to any of AVH’s sub-contractors without the authority of AVH.
21.6 The Client agrees that AVH 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 AVH to provide Goods to the Client.
21.7 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.
21.8 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.