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Special Terms:
Please note: We take all care but no responsibility for any accidental damage to property whilst carrying out our activities and whilst the hire goods are on site. This includes damage to lawns, gardens, driveways, air con units, eaves, light fittings, cameras, fences and other obstructions and surfaces.
We reserve the right to deliver and collect any time between 7am and 5pm as per the dates on your hire agreement unless agreed otherwise. Specific delivery and collection times cannot always be guaranteed. Futile fees apply should we arrive to delivery and/or collect and be turned away due to no access or a decision to extend the hire period.
Full Terms and Conditions
1.1 Client: Refers to the person(s) or entity(ies) requesting the Supplier to provide services or goods as specified in any proposal, quotation, order, invoice, or other documentation, including:
(a) Each Client jointly and severally if there is more than one;
(b) Each partner jointly and severally if the Client is a partnership;
(c) The Client in their capacity as a trustee if acting on behalf of a Trust;
(d) The Client’s executors, administrators, successors, and permitted assigns; and
(e) Any authorised person acting on behalf of the Client within the scope of their authority.
1.2 Confidential Information: Refers to any non-public information provided by one party to the other, including intellectual property, trade secrets, financial details, client information (e.g., names, addresses, dates of birth), and pricing details. Confidential Information excludes:
(a) Information publicly available (unless made public through a breach of this Agreement);
(b) Information already known to the receiving party without confidentiality obligations; or
(c) Information independently developed by the receiving party.
1.3 Contract: Refers to these Terms & Conditions and any related quotation, account application, order, invoice, or supplemental document expressly forming part of this Agreement.
1.4 Cookies: Refers to small data files stored on a user’s device that hold information specific to the Client and the Supplier’s website. Clients may enable or disable Cookies via their browser settings.
1.5 Equipment: Refers to all equipment (including accessories) supplied by the Supplier or its Network for hire or sale, as described in any accepted quotation or agreement..
1.6 GST: Refers to Goods and Services Tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7 Hire Period: Refers to the period during which Equipment is hired, starting from the time of delivery until its return to the Supplier.
1.8 Minimum Hire Period: Refers to the minimum duration for which the Client is obligated to hire Equipment, as specified in any accepted quotation or the Supplier’s current Price List.
1.9 Network: Refers to franchisees, associates, and licensees operating within the system currently known as “Ensuites on Tow.”
1.10 Price: Refers to the agreed cost of purchasing or hiring Equipment (plus GST), as specified in any accepted quotation or agreement between the Supplier and the Client.
1.11 Supplier Accepted Order: Refers to an order made by the Client that has been expressly accepted by the Supplier in writing.
1.12 Supplier: Refers to Ensuites On Tow Australia Pty Ltd ACN 601 855 092, its successors, assigns, or authorised representatives.
2.1 The Client agrees to these Terms & Conditions by:
(a) Completing an account. application;
(b) Placing an order or accepting delivery of Equipment; or
(c) Acknowledging these Terms & Conditions in writing.
2.2 If there is any inconsistency between these Terms & Conditions and prior agreements, these Terms & Conditions will prevail.
2.3 If urgent delivery of Equipment requires work outside normal business hours (e.g., weekends or public holidays), the Supplier may charge additional labour costs (reasonably determined by the Supplier) unless otherwise agreed in writing.
2.4 The Client acknowledges that:
(a) The Supplier may withhold supply until a credit application is approved;
(b) The Supplier may refuse delivery if the Client exceeds their credit limit or payment terms;
(c) Equipment availability is subject to change, and the Supplier may terminate unfulfilled orders, otherwise may vary prices with prior written agreement;
(d) The Supplier may halt provision of Equipment until variations are agreed upon in writing;
(e) The Supplier may replace unavailable Equipment with items of equal quality without changing the Price;
(f) Site access, safety, and suitability requirements are governed by Clause 26 (Site Conditions and Safety). The Supplier reserves the right to refuse delivery or installation if the site does not meet these requirements, and the Client will be liable for any additional costs incurred;
(g) The Supplier is not liable for losses arising from exercising its rights under this clause; and
(h) All persons handling Equipment must be suitably trained and reasonably approved by the Supplier.
2.5 The Client acknowledges that their obligations regarding site access, safety, and suitability are governed by Clause 26 (Site Conditions and Safety). The Supplier reserves the right to refuse delivery or installation if the site does not meet these requirements, and the Client will be liable for any additional costs incurred as a result.
3.1 The Supplier is not liable for errors or omissions in documentation unless caused by its negligence. Such errors do not entitle the Client to repudiate this Agreement.
4.1 The Client must provide at least 14 days’ written notice of any change in ownership or business details.
4.2 Changes in ownership require the Supplier’s prior written consent, which will not be unreasonably withheld.
4.3 The Client indemnifies the Supplier for any losses arising from non-compliance with this clause.
5.1 The Price is determined by:
(a) A valid quotation provided by the Supplier; or
(b) The current Price List if no quotation exists.
5.2 The Supplier may adjust prices:
(a) For changes to the Price List (not affecting orders already placed); or
(b) For variations requested by the Client.
5.3 If variations are required due to unforeseen circumstances (e.g., site access issues), the Supplier may halt obligations for up to 14 business days while changes are agreed upon.
5.4 Variations must be documented in writing and paid for upon completion.
5.5 If no agreement is reached on variations caused by the Client’s actions, the Client must pay reasonable costs incurred up to that point.
5.6 Non-refundable deposits may be required as a condition of proceeding with variations.
5.7 Additional charges apply for delays caused by the Client’s failure to prepare the site for installation.
5.8 Payment terms are strictly within the earlier of:
(a) the date specified in a valid quotation; or
(b) 7 days of invoice issuance; or
(c) 14 days before delivery.
Late payments may incur interest and other consequences under clause 17.
5.9 Payments can be made via electronic transfer, credit card (surcharges may apply), or other agreed methods.
5.10 Payments will be allocated at the Supplier’s discretion to preserve its security interests.
5.11 The Client cannot withhold payment due to disputes over part of an invoice.
5.12 Prices exclude GST unless stated otherwise.
6.1 This clause applies to hired Equipment only.
6.2 The Hire Period begins upon delivery of the Equipment and ends when the Equipment is returned to the Supplier.
6.3 Delivery occurs between 7am and 5pm on the first day of hire unless otherwise agreed.
6.4 Collection occurs between 7am and 5pm on the last day of hire unless otherwise agreed.
6.5 The Client must provide at least 3 business days’ notice to end the Hire Period but remains liable for the Minimum Hire Period.
6.6 The Supplier may collect Equipment up to 5 business days after the Hire Period ends, during which time the Client must securely store it.
6.7 Additional charges apply if delivery or collection is delayed due to the Client’s fault.
6.8 No refunds will be provided for periods when the Equipment is not in use unless caused by the Supplier’s negligence.
6.9 Hiring charges cease during breakdowns exceeding 3 consecutive business days unless caused by the Client’s misuse or negligence.
6.10 In the event of Equipment breakdown, provided the Client notifies the Supplier immediately and the breakdown is not caused by the Client’s negligence or misuse, hiring charges will not be payable during the period the Equipment is non-operational.
6.11 The Client acknowledges that their obligations regarding maintenance and repairs during the Hire Period are governed by Clause 24 (Maintenance and Repairs). The Client must comply with these obligations to ensure the proper use and safekeeping of the Equipment.
7.1 Delivery/Set-Up: Delivery of Equipment is deemed to occur at the earlier of:
(a) The Client or their nominated representative taking possession of the Equipment; or
(b) The Supplier (or its nominated representative) delivering the Equipment to the Client’s nominated address during standard business hours, even if the Client is not present.
7.2 Delivery Costs: Delivery costs are additional to the Price unless expressly agreed otherwise in writing.
7.3 Delivery Charges: Delivery charges will be:
(a) As specified in any quotation issued by the Supplier; or
(b) If not specified, as per the Supplier’s current Price List; or
(c) If neither applies, as reasonably determined by the Supplier.
7.4 The Client must ensure compliance with Clause 26 (Site Conditions and Safety) to facilitate delivery or collection of the Equipment. If delivery or collection cannot occur due to the Client’s failure to meet these requirements, the Supplier may charge reasonable fees for redelivery or storage
7.5 Delivery Timeframes: Any delivery time or date provided by the Supplier is an estimate only. The Client must accept delivery even if delayed, and the Supplier is not liable for any loss or damage caused by delays unless:
(a) The delay exceeds five (5) business days; and
(b) The delay is due to the Supplier’s gross negligence or wilful misconduct. In such cases, the Supplier’s liability is limited to the Price paid for the delayed Equipment.
7.6 Client-Arranged Delivery: If the Client arranges delivery, they must ensure compliance with all relevant laws, certifications, and licenses. Evidence of compliance must be provided upon request unless the Equipment has been fully paid for and ownership has transferred to the Client.
7.7 Partial Deliveries: The Supplier may deliver Equipment in instalments, with each instalment invoiced and payable separately.
7.8 The Client acknowledges that their obligations regarding site access, safety, and suitability for delivery are governed by Clause 26 (Site Conditions and Safety). The Supplier may refuse delivery if the site does not meet these requirements, and the Client will be liable for any additional costs incurred.
8.1 Risk Transfer: Risk of loss or damage to the Equipment passes to the Client upon delivery and remains with the Client until:
(a) The Equipment is returned to the Supplier (for hired items); or
(b) Full payment is made (for purchased items).
8.2 Insurance: The Client’s insurance obligations are detailed in Clause 25 (Insurance Requirements). The Client must maintain adequate insurance coverage for the Equipment during the Hire Period or until full payment is made for purchased Equipment
8.3 If any Equipment is damaged or destroyed while under the Client’s responsibility, the Supplier is entitled to receive all insurance proceeds payable for the Equipment, as outlined in Clause 25 (Insurance Requirements).
8.4 Unattended Delivery: If the Client requests unattended delivery, the Equipment is left at the Client’s sole risk and is deemed delivered upon placement.
8.5 Ownership: Ownership of the Equipment remains with the Supplier until full payment is made for purchased items.
8.6 Client Responsibilities: The Client must:
(a) Use the Equipment only as intended and in accordance with instructions;
(b) Securely store the Equipment when not in use;
(c) Notify the Supplier immediately of any damage or loss; and
(d) Indemnify the Supplier against claims arising from misuse or negligence, except where caused by the Supplier’s direct negligence.
8.7 Refusal of Installation: The Supplier may refuse installation if the site is unsafe, unsuitable, or insecure, or if persons onsite are behaving inappropriately (e.g., under the influence of alcohol or drugs).
8.8 The Client acknowledges that their obligations regarding maintenance and repairs of the Equipment are governed by Clause 24 (Maintenance and Repairs). The Client must ensure compliance with these obligations to mitigate risks of damage or loss.
8.9 The Client’s insurance obligations for the Equipment are detailed in Clause 25 (Insurance Requirements). The Client must maintain adequate insurance coverage as specified in that clause.
9.1 The Client must ensure compliance with Clause 26 (Site Conditions and Safety) to provide clear and free access to the Equipment, worksite, and necessary utilities for the Supplier and its Network to perform their obligations
9.2 Site Damage: The Supplier is not liable for site damage (e.g., pathways, driveways) except where caused by its direct negligence.
9.3 The Client acknowledges that their obligations regarding site access, safety, and suitability are governed by Clause 26 (Site Conditions and Safety). The Supplier may refuse access or installation if the site does not meet these requirements, and the Client will be liable for any additional costs incurred.
10.1 Purchased Items: Ownership of purchased Equipment remains with the Supplier until full payment is received. If the Client breaches this Agreement and fails to remedy within seven (7) days of notice, the Supplier may:
(a) Demand immediate payment of the full purchase price; or
(b) Require return of the Equipment and refund any payments made, less hire fees that would have applied.
10.2 Ownership of hired Equipment remains with the Supplier at all times.
10.3 Repossession: If hired Equipment is not returned as required, or if purchased Equipment remains unpaid, the Supplier may enter any premises to repossess it. The Client is liable for reasonable costs incurred during repossession.
10.4 No Liens: The Client must not pledge, repair, or create liens over the Equipment without the Supplier’s written consent.
10.5 The Client acknowledges that their obligations regarding maintenance and repairs of the Equipment are governed by Clause 24 (Maintenance and Repairs). The Client must comply with these obligations until the Equipment is returned to the Supplier or full payment is made for purchased Equipment.
10.6 The Client’s insurance obligations for the Equipment are detailed in Clause 25 (Insurance Requirements). The Client must maintain adequate insurance coverage as specified in that clause until the Equipment is returned to the Supplier or full payment is made for purchased Equipment.
11.1 Optional Provision: The Supplier may offer consumables for use with the Equipment.
11.2 Additional Fees: Consumables are subject to additional fees, which must be paid as invoiced. Failure to pay may result in cessation of supply.
11.3 Ownership: Consumables remain the property of the Supplier until payment is received in full.
12.1 Security Agreement: These Terms & Conditions constitute a security agreement under the PPSA, creating a security interest in all Equipment supplied by the Supplier until full payment is made.
12.2 Client Obligations: The Client must:
(a) Sign documents and provide information required to register or maintain security interests;
(b) Reimburse the Supplier for registration costs; and
(c) Not register conflicting security interests without consent.
12.3 Waivers: The Client waives rights under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 142, and 143 of the PPSA.
12.4 Verification Statements: The Client waives the right to receive verification statements under section 157 of the PPSA.
12.5 PPS Lease: For hire periods exceeding two (2) years with renewal rights, this clause applies as a PPS Lease under section 20 of the PPSA.
13.1 Charge Over Assets: The Client charges all current and future assets to secure obligations under this Agreement.
13.2 Indemnity: The Client indemnifies the Supplier for costs incurred in enforcing this clause.
13.3 Attorney Appointment: The Client irrevocably appoints the Supplier as their attorney to execute documents necessary to enforce this clause.
14.1 Inspection: The Client must inspect Equipment upon Delivery and notify defects within one (1) business day.
14.2 Statutory Guarantees: Non-Excluded Guarantees under Australian Consumer Law apply where relevant.
14.3 Supplier Liability: The Client acknowledges that warranty limitations and exclusions are further detailed in Clause 29 (Additional Warranties). The Client must comply with these provisions to ensure proper use of the Equipment..
14.4 Exclusions: If the Client is not a consumer within the meaning of the Competition and Consumer Act 2010 (Cth), the Supplier’s liability for any defect or damage in the services or Equipment is limited as outlined in Clause 29 (Additional Warranties).
14.5 Returns: Returns are accepted only if:
(a) Defects are notified per clause 14.1;
(b) The Supplier agrees items are defective; and
(c) Items are returned in original condition at the Client’s cost.
15.1 Applicability: This clause applies to Equipment that is on hire or purchased but not yet fully paid for by the Client.
15.2 Client Obligations: The Client agrees to:
(a) Maintain the Equipment in accordance with manufacturer instructions or as reasonably required by the Supplier;
(b) Notify the Supplier immediately of any mechanical breakdown, damage, or accident involving the Equipment;
(c) Ensure the Equipment is suitable for its intended purpose before use;
(d) Operate the Equipment safely, in compliance with all applicable laws, and only for its intended purpose;
(e) Ensure all persons operating or erecting the Equipment are suitably trained and instructed in its safe and proper use;
(f) Comply with all workplace health and safety laws relating to the Equipment and its operation; and
(g) Return the Equipment in a clean and good condition, subject to fair wear and tear, at the end of the hire period or upon termination of this Agreement.
15.3 Return of Equipment: Upon termination of this Agreement or expiry of the hire period, the Client must:
(a) Return the Equipment to the Supplier in a clean, safe, and secure condition at a location specified by the Supplier; or
(b) Make the Equipment available for collection by the Supplier during standard business hours.
15.4 Costs Payable by Client: The Client agrees to pay:
(a) The replacement cost of any Equipment that is lost, destroyed, or not returned;
(b) Reasonable cleaning costs if the Equipment is not returned in a clean condition;
(c) Repair costs for damage caused by negligence or misuse;
(d) Lost hire fees for any period during which the Equipment is unavailable due to damage or non-return;
(e) Costs of repairing damage caused by vandalism or misuse; and
(f) Costs of fuels and consumables provided by the Supplier at the Client’s request.
16.1 Supplier’s Right to Cancel: The Supplier may cancel any order or Agreement by providing written notice to the Client in the following circumstances:
(a) Within seven (7) days of a Supplier Accepted Order; or
(b) If the Client breaches this Agreement and fails to remedy the breach within seven (7) days of receiving written notice from the Supplier.
In such cases, the Supplier will refund any payments made by the Client. The Supplier is not liable for any loss or damage arising from such cancellation.
16.2 Client’s Right to Cancel: The Client cannot cancel a purchase once it has been confirmed as a Supplier Accepted Order.
16.3 Attempted Cancellations: If the Client seeks to cancel a hire order:
(a) Before 14 days prior to the transit process, the Client must pay and/or is liable for 25% of an amount equivalent to the Price applicable for the Minimum Hire Period; or
(b) within 14 days of the transit process or while the Equipment is in transit, the Client must pay and/or is liable to pay for an amount equivalent to 1 week’s worth of the relevant purchase price hire costs in addition to any delivery fee as well as the Supplier’s reasonable costs to return the item to the Supplier; and
(c) After delivery, no refund will be provided for any portion of the Minimum Hire Period or any delivery fee or other fees paid to date.
16.4 Breach by Client: If the Client breaches this Agreement and fails to remedy the breach within seven (7) days of receiving written notice from the Supplier, the Supplier may:
(a) Repossess the Equipment;
(b) Suspend or terminate supply of Equipment; and
(c) Recover any losses incurred as a result of the breach.
17.1 Interest on Overdue Payments: Interest will accrue daily on overdue amounts at a rate of 2.5% per calendar month, compounding monthly until payment is made in full.
17.2 Debt Recovery Costs: The Client must indemnify the Supplier for all reasonable costs incurred in recovering overdue payments, including legal fees on a solicitor-client basis, internal administration fees, and bank dishonour fees.
17.3 Reversed Transactions: If a payment made by the Client is reversed due to fraud, illegality, or breach of this Agreement, the Client remains liable for the amount reversed and any associated costs.
17.4 Immediate Payment: All amounts owed to the Supplier become immediately payable if:
(a) The Client fails to make payments when due;
(b) The Client exceeds their credit limit;
(c) The Client becomes insolvent or enters into arrangements with creditors; or
(d) A receiver, manager, or liquidator is appointed over the Client’s assets.
18.1 The Supplier will handle Personal Information in accordance with Clause 32 (Data Protection) and its obligations under the Privacy Act 1988 (Cth), including any applicable amendments..
18.2 Cookies: The Supplier may use Cookies to collect Personal Information such as IP addresses and browsing data. Clients can enable or disable Cookies via their browser settings.
18.3 Credit Information: If credit is provided, the Client consents to:
(a) The Supplier obtaining credit reports from credit reporting bodies (CRBs);
(b) The Supplier sharing credit information with other credit providers; and
(c) The Supplier using credit information to assess creditworthiness and recover overdue payments.
18.4 Client Rights: The Client may request:
(a) Access to their Personal Information held by the Supplier; and
(b) Correction of inaccurate Personal Information.
18.5 Complaints: Privacy complaints can be made to the Supplier via email. If unresolved, complaints can be escalated to the Office of the Australian Information Commissioner (www.oaic.gov.au).
19.1 If a dispute arises between the parties, either party must provide written notice of the dispute, including:
(a) A clear statement of the issues in dispute;
(b) Relevant facts and supporting documentation; and
(c) The outcome or relief sought.
The parties must follow the escalation process outlined in Clause 30 (Dispute Escalation) before referring the dispute to arbitration.
19.2 Resolution Process: Before referring a dispute to arbitration under this clause, the parties must follow the escalation process outlined in Clause 30 (Dispute Escalation). This process is mandatory and must be completed prior to initiating arbitration proceedings..
19.3 Arbitration: Arbitration will:
(a) Be conducted by a single arbitrator nominated by the President of the Institute of Arbitrators Australia; and
(b) Follow the Institute’s Rules for Commercial Arbitration.
20.1 Methods of Service: Notices under this Agreement may be served:
(a) In person;
(b) By leaving it at the recipient’s address;
(c) By registered post;
(d) By email to the recipient’s last known email address.
20.2 Deemed Receipt: Notices sent by post are deemed received within the ordinary course of post unless proven otherwise.
21.1 Trustee Obligations: If the Client is acting as a trustee:
(a) This Agreement extends to all rights of indemnity against the Trust and its assets;
(b) The Client warrants they have authority under the Trust to enter into this Agreement; and
(c) The Client must not alter or vary the terms of the Trust without the Supplier’s written consent.
22.1 Intellectual Property: All intellectual property rights in the Equipment and related materials remain with the Supplier. The Client must not use or reproduce such materials without prior written consent.
22.2 Confidentiality: Both parties must keep Confidential Information disclosed under this Agreement secure and not disclose it to third parties without prior written consent.
22.3 Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
22.4 Severability: If any provision is found invalid or unenforceable, it will not affect the validity of remaining provisions.
22.5 Law: This Agreement is governed by the laws of Queensland, Australia. Any disputes arising under this Agreement are subject to the exclusive jurisdiction of the courts in Queensland
22.7 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
22.8 Amendments: Amendments to these Terms & Conditions are binding only if notified in writing and apply to future orders.
23.1 Indemnity: The Client agrees to indemnify and hold harmless the Supplier, its officers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:
(a) The Client’s breach of this Agreement;
(b) The Client’s use, misuse, or unauthorised use of the Equipment;
(c) Any damage to property or injury to persons caused by the Equipment while in the Client’s possession or control;
(d) Any third-party claims arising from the Client’s actions or omissions in connection with the Equipment.
23.2 Limitation of Liability: To the extent permitted by law:
(a) The Supplier’s liability for any claim arising under this Agreement is limited to the Price paid by the Client for the relevant Equipment or services;
(b) The Supplier is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or business opportunities, except where such liability arises from the Supplier’s gross negligence or wilful misconduct.
24.1 Supplier’s Responsibility: The Supplier is responsible for ensuring that all Equipment provided is in good working condition at the time of Delivery.
24.2 Client’s Responsibility: The Client is responsible for:
(a) Routine maintenance of the Equipment during the Hire Period, as specified in the manufacturer’s instructions or as otherwise advised by the Supplier;
(b) Promptly notifying the Supplier of any damage, malfunction, or breakdown of the Equipment; and
(c) Ensuring that no unauthorised repairs or modifications are made to the Equipment.
24.3 Repairs by Supplier: If repairs are required due to normal wear and tear, the Supplier will bear the cost of such repairs. If repairs are required due to the Client’s negligence, misuse, or breach of this Agreement, the Client will be liable for all associated costs.
25.1 Client’s Insurance Obligations: The Client must maintain adequate insurance coverage for the Equipment during the Hire Period or until full payment is made for purchased Equipment. This includes:
(a) Public liability insurance with a minimum coverage of $10 million;
(b) Insurance against theft, loss, or damage to the Equipment for its full replacement value.
25.2 Proof of Insurance: The Client must provide proof of insurance coverage upon request by the Supplier.
25.3 Supplier’s Right to Insure: If the Client fails to maintain adequate insurance, the Supplier may obtain insurance on behalf of the Client and recover the cost as a debt due from the Client.
26.1 Site Suitability: The Client warrants that the site where the Equipment will be delivered or used is safe, suitable, and compliant with all applicable laws and regulations.
26.2 Access and Utilities: The Client must ensure that:
(a) The site is accessible for delivery, installation, and collection of the Equipment;
(b) Necessary utilities (e.g., water, power, waste disposal) are available and operational.
26.3 Hazardous Conditions: If the Supplier determines that the site is unsafe or unsuitable, it may refuse to deliver or install the Equipment until the issues are rectified. The Client will be liable for any additional costs incurred as a result.
27.1 Supplier’s Right to Terminate: The Supplier may terminate this Agreement at any time for convenience by providing seven (7) days’ written notice to the Client. In such cases:
(a) The Supplier will refund any payments made for Equipment not yet delivered or services not yet performed;
(b) The Supplier will not be liable for any loss or damage arising from such termination.
27.2 Client’s Right to Terminate: The Client may terminate this Agreement for convenience by providing seven (7) days’ written notice to the Supplier. In such cases:
(a) The Client remains liable for any outstanding payments due under this Agreement; and
(b) No refunds will be provided for any portion of the Minimum Hire Period.
28.1 Definition: Neither party is liable for delays or failures in performance caused by events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, industrial action, natural disasters, or government restrictions.
28.2 Notification: A party affected by a force majeure event must notify the other party as soon as practicable and take reasonable steps to mitigate the impact of the event.
28.3 Termination: If a force majeure event continues for more than thirty (30) days, either party may terminate this Agreement by providing written notice to the other party.
29.1 Supplier’s Warranty: The Supplier warrants that:
(a) The Equipment is fit for its intended purpose at the time of Delivery;
(b) The Equipment complies with all applicable laws and regulations.
29.2 Exclusions: The Supplier’s warranty does not cover:
(a) Damage caused by misuse, negligence, or unauthorised modifications by the Client;
(b) Normal wear and tear.
29.3 Client’s Warranty: The Client warrants that:
(a) They have the authority to enter into this Agreement;
(b) They will use the Equipment only for its intended purpose and in accordance with all applicable laws and regulations.
30.1 Escalation Process: Before referring a dispute to arbitration under clause 19, the parties must escalate the dispute to senior management representatives who will meet in good faith to attempt resolution within seven (7) days of escalation.
30.2 Costs of Arbitration: Each party will bear its own costs of arbitration unless otherwise determined by the arbitrator.
31.1 Client’s Obligations: The Client must ensure that the use of the Equipment complies with all applicable environmental laws and regulations.
31.2 Waste Disposal: The Client is responsible for proper disposal of waste generated during the use of the Equipment and must not dispose of hazardous materials in a manner that breaches environmental laws.
32.1 Data Security: The Supplier will take reasonable steps to protect any Personal Information collected under this Agreement from unauthorised access, use, or disclosure.
32.2 Client’s Consent: By entering into this Agreement, the Client consents to the collection, use, and disclosure of their Personal Information in order to meet its obligations under this agreement as well as otherwise in accordance with the Supplier’s Privacy Policy.
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