Last updated: June 15, 2022

Please read these Terms of Trade ("Terms", "Terms of Use") carefully before using the https://resistair.com.au website (the "Service") operated by Template Import Test ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Overview

These Terms of Trade regulate the terms of an ongoing trade relationship between Resist Air Pty Ltd and the
Customer. Trade transactions can be complex and the supply of goods and services and services carries certain
risks for Us and the Customer.

This document is designed to help protect the interests of the parties engaging in the trade and sets out standard
terms and conditions for the order and supply of goods and services with you.

1. DEFINITIONS
1.1 "Confidential Information” means information of a confidential nature whether oral, written or in electronic
form including, but not limited to, this document, either party’s intellectual property, operational
information, know-how, trade secrets, financial and commercial affairs, contracts, client information
(including but not limited to, “Personal Information” such as: 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) and
pricing details.
1.2 “Contract” means the terms and conditions in this document, together with any quotation, order, invoice or
other document or amendments expressed to be supplemental to this Contract.
1.3 “Cookies” means small files which are stored on a user’s computer that operate in the background when
ordering via our website. You may enable / disable the Cookies at their discretion.
1.4 “GST” means Goods and services and Services Tax (GST) as defined within the “A New Tax System
(Goods and services and Services Tax) Act 1999” Cth.
1.5. “Price” means the Price payable (plus any applicable GST) for the Goods or Services as agreed between
Us and You, in accordance with clause 5 below.
1.6 “Services” means all Services (including consultation, manufacturing and/or installation services) or
Goods and Services that We supply to You (where the context so permits the terms ‘Services’ or ‘Goods
and services’ shall be interchangeable for the other).
1.7 “We, Us, Our” means Resist Air Pty Ltd its successors and assigns or any person acting on Our behalf.
1.8 “You, Your” means the client who details are provided in any Contract between You and Us and means
the person/s, entities or any person acting on behalf of and with the authority of You requesting Us to
provide the goods and 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 You is a partnership, it shall bind each partner jointly and severally; and
(c) if You is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes Your executors, administrators, successors and permitted assigns.

2. ACCEPTANCE
2.1 If You accepts delivery of any Goods or Services You ordered from Us and supplied by Us, You has
accepted and are immediately bound, jointly and severally, by these terms and conditions.
2.2 These the terms and conditions prevail over any other prior document that the parties have entered into.
2.3 Amendments to these terms and conditions may only be made by Us.
2.4 The supply any Goods and Services on credit does not take effect until You lodge a Credit Application
with Us and We approve it and established a credit account for You.
2.5 We may refuse to deliver the Goods or Service if the Goods and Services requested to be supplied on
credit exceeds Your credit limit and/or the account exceeds the payment terms.
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2.6 You accept that any information, advice, assistance or service concerning the Goods and Services
supplied to You is given in good faith and is based on Our knowledge and experience. We accept no
liability whatsoever if You ignore, reject or fail to fully adhere to Our advice or information. We will not be
liable whatsoever for any damages or losses that occur after any subsequent commencement of the
Services.
2.7 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 (NSW) Act 2000 or any other applicable
provisions of that Act or any Regulations referred to in that Act.

3. ERRORS AND OMISSIONS
3.1 You acknowledge and accepts that We 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 Us 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 Us in respect of
the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to
Our negligence and/or wilful misconduct; You shall not be entitled to treat this Contract as repudiated nor
render it invalid.

4. CHANGE IN CONTROL
4.1 You must give Us not less than fourteen (14) days prior written notice of any proposed change of
ownership or any relevant details of your business. You will be liable for any loss that We might incur as a
result of Your failure to comply with this clause.

5. PRICE AND PAYMENT
5.1 At Our sole discretion, the Price shall be either as indicated on Our invoice(s) or quote(s) to You. Our
quotation are valid for thirty (30) days rom the date of the Quotation.
5.2 We reserves the right to change the Price:
(a) if there is a variation to the Goods and Services ordered by You; or
(b) if a variation to the Services ordered (including any applicable plans or specifications); or
(c) where additional Services are required due to the discovery of hidden or unidentifiable or
unforeseen 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 (such as the discovery of asbestos or other 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 increased cost of labour or materials which are beyond Our control.
5.3 Variations will be in writing, and signed off by You before We proceed with the variation. Variations will be
charged on the basis of Our Variation Quotation and shown as variations on Our invoice.
5.4 We may, at Our sole discretion request a non-refundable deposit of up to twenty percent (20%) of the
Quoted cost prior to provision of Goods or Services.
5.5 Time is of the essence in respect of payment for the Goods or Services and the Price will be payable by
You on or before the due date determined by Us, which may be:
(a) on completion of the Services; or
(b) fourteen (14) days from the date of Our Invoice sent to You;
5.6 Payment must be made by cash or electronic banking.
5.7 We may, at our sole discretion, allocate any payment received from You towards any invoice that We
determines and may do so at any time. On any default by You, We may re-allocate any payments
previously received and allocated. In the absence of any payment allocation by Us, payment will be
deemed to be allocated in such manner as preserves the maximum value of Our Purchase Money
Security Interest (as defined in the PPSA) in the Goods and Services.
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5.8 You are not entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to
You by Us nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise indicated, the Price does not include GST. In addition to the Price You must pay Us an
amount equal to any GST that We must pay for any supply by Us under this or any other contract for the
sale of the Goods and Services. You must pay GST, without deduction or set off of any other amounts, at
the same time and on the same basis as You pay the Price. You must also pay any other taxes and duties
that may be applicable in addition to the Price except where they are expressly included in the Price.

6. DELIVERY OF THE SERVICES
6.1 Subject to clause 6.2, We will endeavour to deliver the Goods or complete the Services on the date
quoted and if not, then as soon as reasonably practicable to do so.
6.2 The Services’ commencement date will be delayed and/or the completion date extended by whatever time
is reasonable in the event that We claim an extension of time (by giving You written notice) where
completion is delayed by an event beyond Our control, including but not limited to any failure by You to:
(a) make a selection; or
(b) have the site ready for the Services; or
(c) notify Us that the site is ready.
6.3 At Our sole discretion, the cost of delivery is included in the Price.
6.4 Any time that We specify for delivery of the Goods or Services is an estimate only. We are not liable for
any loss or damage incurred by You as a result of delivery being late for any reason. If We cannot supply
the Services as agreed solely due to Your actions, inaction or omission, then We will be entitled to charge
a reasonable fee for resupplying the Services at a later time and date, and/or for storage of the Goods and
Services.

7. RISK
7.1 If We retain ownership of the Goods and Services under clause 10 then:
(a) where We supply Goods only, all risk for the Goods shall immediately pass to You on delivery and You
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) You or Your nominated carrier takes possession of the Goods at Our address; or
(ii) the Goods are delivered by Us or Our nominated carrier to Your nominated delivery address
(even if You is not present at the address).
(b) where We are to supply and install Goods then We 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 You.
7.2 Notwithstanding the provisions of clause 7.1, if You request Us to leave Goods unattended outside Your
premises, the Goods shall always be left at Your sole risk and it shall be Your responsibility to ensure the
Goods are insured adequately or at all. If, after delivery of the Goods to Your nominated address, the
Goods are lost, damaged or destroyed then replacement of the Goods shall be at Your expense.
7.3 You warrants that the location for delivery of the Goods shall be safe, secure and capable of carrying the
load of the Goods without damage to the surface upon which the Goods are applied. We are not be liable
for any claims, demands, losses, damages, costs and expenses howsoever caused or arising by Your
failure to provide a safe and secure location for the Goods or due to poor integrity of the surface upon
which the Goods are delivered or applied. Any additional work required to repair surfaces to ensure the
performance of the Goods shall be at Your cost.
7.4 In delivering our Goods or Services, We are entitled to rely on the accuracy of any plans, specifications
and other information (Information) provided by You. If that Information is inaccurate, We accepts no
responsibility for any loss, damages, or costs however resulting from that Information. We are entitled to
be paid the Price if we deliver the Goods or Services in accordance with the Information supplied by you
regardless of the accuracy of the Information.
7.5 If We gives You or You Agent any advice or recommendations, with specific instructions regarding the
Services and You ignore, fail to act on or act contrary to that advice or recommendations, or where Your
instructions to Us compromise the purpose of the Services, then We will not be liable for any damages or
losses that occur after any subsequent commencement of the Services.
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7.6 You acknowledges and accepts that:
(a) We are only responsible for parts that are replaced by Us and that in the event that other
parts/goods and services, subsequently fail, You agree to indemnify Us against any loss or
damage to the Goods and Services, or caused by the Goods and Services, or any part of them
however they arise; and
(b) We 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 and services supplied; and
(c) We shall not be liable for any loss, damages or costs howsoever arising resulting from any
variation of the colour or texture between surfaces, the different areas treated and/or batches
supplied; and

8. SITE ACCESS
8.1 You ensure that We or our authorised agents or contractors have clear and free access to the site at all
times to enable Us to provide the Services. We 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 Our negligence.

9. COMPLIANCE WITH LAWS
9.1 You and We must 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.
9.2 You shall, at Your cost, obtain all licenses and approvals that may be required for Us to perform the
Services.

10. TITLE
10.1 Ownership of the Goods and Services shall not pass until You have:
(a) paid Us all amounts owing to Us; and
(b) met all of Your other obligations to Us.
10.2 Receipt by Us 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.
10.3 Ownership of the Goods and services passes to You in accordance with clause 10.1 if:
(a) You are only a bailee of the Goods and services and, unless the Goods and services have become
fixtures, must return the Goods and services to Us on request.
(b) You hold the benefit of the Your insurance of the Goods and services on trust for Us and must pay
to Us the proceeds of any insurance in the event of the Goods and services being lost, damaged or
destroyed.
(c) the production of these terms and conditions by Us shall be sufficient evidence of the Our rights to
receive the insurance proceeds direct from the insurer without the need for any person dealing with
Us to make further enquiries.
(d) You must not sell, dispose, or otherwise part with possession of the Goods and services other than
in the ordinary course of business and for market value. If You sells, disposes or parts with
possession of the Goods and services then You must hold the proceeds of any such act on trust
for Us and must pay or deliver the proceeds to Us on demand.
(e) You should not convert or process the Goods and services or intermix them with other goods and
services but if You do so then You holds the resulting product on trust for Our benefit and must
sell, dispose of or return the resulting product to Us as it so directs.
(f) unless the Goods and services have become fixtures, You irrevocably authorise Us to enter any
premises (with force if necessary) where We believe the Goods and services are kept and recover
possession of the Goods and services and We shall not be liable for damages cause to those
premises or any appurtenance in the course of retaking possession.
(g) We may recover possession of any Goods and services in transit whether or not delivery has
occurred.
(h) You shall not charge or grant an encumbrance over the Goods and services nor grant nor
otherwise give away any interest in the Goods and services while they remain Our property.
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(i) We may commence proceedings to recover the Price of the Goods and services sold
notwithstanding that ownership of the Goods and services has not passed to You.

11. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
11.1 In this clause financing statement, financing change statement, security agreement, and security interest
has the meaning given to it by the PPSA.
11.2 Upon assenting to these terms and conditions in writing You agree that these terms and conditions
constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods
and services and/or collateral (account) – being a monetary obligation of You to Us for Services – that
have previously been supplied and that will be supplied in the future by Us to You.
11.3 You 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 We 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 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 and services 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 services and/or collateral (account) in favour of a third party without Our
prior written consent;
(e) immediately advise Us of any material change in its business practices of selling the Goods and
services which would result in a change in the nature of proceeds derived from such sales.
11.4 We and You agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement
created by these terms and conditions.
11.5 You hereby waive Your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4)
of the PPSA.
11.6 You waive its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7 Unless otherwise agreed to in writing by Us, You waive your right to receive a verification statement in
accordance with section 157 of the PPSA.
11.8 You shall unconditionally ratify any actions taken by Us under clauses 11.3 to 11.5.
11.9 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.

12. SECURITY AND CHARGE
12.1 In consideration of Us agreeing to supply the Goods and services, You charge all of its rights, title and
interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by
You either now or in the future, to secure the performance by You of its obligations under these terms and
conditions (including, but not limited to, the payment of any money).
12.2 You indemnify Us from and against all Our costs and disbursements including legal costs on a solicitor
and own client basis incurred in exercising Our rights under this clause.
12.3 You irrevocably appoints Us and each of Our director as Your 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 Your behalf.

13. DEFECTS, WARRANTIES AND RETURNS, COMPETITION AND CONSUMER ACT 2010 (CCA)
13.1 You must inspect all Goods and services on delivery (or the Services on completion) and must within
forty-eight (48) hours of delivery notify Us in writing of any evident defect/damage, shortage in quantity, or
failure to comply with the description or quote. You must notify any other alleged defect in the Goods and
services/Services as soon as reasonably possible after any such defect becomes evident. Upon such
notification You must allow Us to inspect the Goods and services or to review the Services provided.
13.2 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).
13.3 We acknowledge that nothing in these terms and conditions purports to modify or exclude the NonExcluded Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees,
We make no warranties or other representations under these terms and conditions including but not
limited to the quality or suitability of the Goods and services/Services. Our liability in respect of these
warranties is limited to the fullest extent permitted by law.
13.5 If You are a consumer within the meaning of the CCA, Our liability is limited to the extent permitted by
section 64A of Schedule 2.
13.6 If We are required to replace any Goods and services under this clause or the CCA, but is unable to do
so, We may refund any money You paid for the Goods and services.
13.7 If We are required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or
the CCA, but are unable to do so, then We may refund any money You paid for the Services but only to
the extent that such refund shall take into account the value of Services and Goods and services which
have been provided to You which were not defective.
13.8 If You are not a consumer within the meaning of the CCA, Our liability for any defect or damage in the
Goods and services is: (a) limited to the value of any express warranty or warranty card provided to You
by Us at Our sole discretion; (b) limited to any warranty to which We are entitled, if We did not
manufacture the Goods and services; (c) otherwise negated absolutely.
13.9 Subject to this clause 13, returns will only be accepted provided that:
(a) You have complied with the provisions of clause 13.1; and
(b) We have agreed that the Goods and services are defective; and
(c) the Goods and services are returned within a reasonable time at Your cost (if that cost is
not significant); and
(d) the Goods and services are returned in as close a condition to that in which they were
delivered as is possible.
13.10 Notwithstanding clauses 13.1 to 13.9 but subject to the CCA, We shall not be liable for any defect or
damage which may be caused or partly caused by or arise as a result of:
(a) You failing to properly maintain or store any Goods and services;
(b) You using the Goods and services for any purpose other than that for which they were designed;
(c) You continuing to use any Goods and services after any defect became apparent or should have
become apparent to a reasonably prudent operator or user;
(d) interference with the Services by You or any third party without Our prior approval;
(e) You failing to follow any instructions or guidelines provided by Us;
(f) fair wear and tear, any accident, or act of God. 13.11 Notwithstanding anything contained in this
clause if We are required by a law to accept a return then We will only accept a return on the
conditions imposed by that law

14. INTELLECTUAL PROPERTY
14.1 You agrees that We may (at no cost) use for the purposes of marketing or entry into any competition, any
documents, designs, drawings, plans or products which We have created for You.

15. DEFAULT AND CONSEQUENCES OF DEFAULT
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of
payment, at a rate of two percent (2.0%) per annum above the Commonwealth Bank of Australia
Overdraft Rate (and at Our sole discretion such interest shall compound monthly) after as well as before
any judgment.
15.2 If You owe Us any money You shall indemnify Us from and against all costs and disbursements incurred by
Us in recovering the debt (including but not limited to internal administration fees, accounting costs, legal
costs on a solicitor and own client basis, Our contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies We may have under this Contract, if You have made payment to Us,
and the transaction is subsequently reversed, You shall be liable for the amount of the reversed
transaction, in addition to any further costs incurred by Us under this clause 15 where it can be proven
that such reversal is found to be illegal, fraudulent or in contravention to Your obligations under this
Contract.
15.4 Without prejudice to Us other remedies at law We shall be entitled to cancel all or any part of any order from
You which remains unfulfilled and all amounts owing to Us shall, whether or not due for payment, become
immediately payable if:
(a) any money payable to Us becomes overdue, or in Our opinion You will be unable to make a
payment when it falls due;
(b) You have exceeded any applicable credit limit provided by Us;
(c) You become 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 You or any asset of Yours.

16. CANCELLATION
16.1 Without prejudice to any other remedies We may have, if at any time You are in breach of any obligation
(including those relating to payment) under these terms and conditions We may suspend or terminate the
supply of Services to You. We will not be liable to You for any loss or damage You suffers because We
have exercised Our rights under this clause.
16.2 We may cancel any contract to which these terms and conditions apply or cancel delivery of Services at
any time before the Services are commenced by giving written notice to You. On giving such notice We
shall repay to You any sums paid in respect of the Price, less any amounts owing by You to Us for
Services already performed. We shall not be liable for any loss or damage whatsoever arising from such
cancellation.
16.3 In the event that You cancel the delivery of Services You shall be liable for any and all loss incurred
(whether direct or indirect) by Us as a direct result of the cancellation (including, but not limited to, any
loss of profits).

17. DISPUTE RESOLUTION
17.1 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 by further
notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to
arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators
Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of
Commercial Arbitration.

18. PRIVACY POLICY
18.1 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.
We acknowledges Our 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, where relevant in
a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data
Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). We acknowledges that in the event
We become aware of any data breaches and/or disclosure of Your Personal Information, held by Us that
may result in serious harm to You, We will notify You in accordance with the Act and/or the GDPR. Any
release of such Personal Information must be in accordance with the Act and the GDPR (where relevant)
and must be approved by You by written consent, unless subject to an operation of law.
18.2 Notwithstanding clause 18.1, privacy limitations will extend to Us in respect of Cookies where transactions
for purchases/orders transpire directly from Our website. We agree 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 Yours:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Us when We sends an email to You, so We may collect and review that
information (“collectively Personal Information”) In order to enable / disable the collection of
Personal Information by way of Cookies, You 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.
18.3 You agree for Us 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 You in relation to credit provided by Us.
18.4 You agrees that We may exchange information about You with those credit providers and with related
body corporates for the following purposes:
(a) to assess an application by You; and/or
(b) to notify other credit providers of a default by You; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where
You are in default with other credit providers; and/or
(d) to assess the creditworthiness of You including Your repayment history in the preceding two (2)
years.
18.5 You consent to Us being given a consumer credit report to collect overdue payment on commercial credit.
18.6 You agree that personal credit information provided may be used and retained by Usfor the following
purposes (and for other agreed purposes or required by):
(a) the provision of Goods and services; and/or
(b) analysing, verifying and/or checking Your credit, payment and/or status in relation to the provision
of Goods and services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by
You; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods and services.
18.7 We may give information about You 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 You including credit history.
18.8 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 We are a current credit provider to You;
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(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning Your 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 You no longer has any
overdue accounts and We have been paid or otherwise discharged and all details surrounding that
discharge (e.g. dates of payments);
(g) information that, in Our opinion, You has committed a serious credit infringement;
(h) advice that the amount of Your overdue payment is equal to or more than one hundred and fifty
dollars ($150).
18.9 You shall have the right to request (by e-mail) from Us:
(a) a copy of the Personal Information about You retained by Us and the right to request that We
correct any incorrect Personal Information; and
(b) that We do not disclose any Personal Information about You for the purpose of direct marketing.
18.10 We will destroy Personal Information on Your 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.
18.11 You can make a privacy complaint by contacting Us via e-mail. We 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 You are not satisfied with the resolution
provided, You can make a complaint to the Information Commissioner at www.oaic.gov.au.

19. SERVICE OF NOTICES
19.1 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 and obtaining a receipt of
deliver from any authorised person at that address;
(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.
19.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, seven (7)
days after the date of posting.

20. TRUSTS
20.1 If You 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 We may have notice of the Trust, You covenants with Us as follows:
(a) the Contract extends to all rights of indemnity which You now or subsequently may have against
the Trust and the trust fund;
(b) You have 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 Your indemnity against
the Trust or the trust fund. You 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) You will not without Our written consent (which will not be unreasonably withheld), cause, permit,
or suffer to happen any of the following events;
(i) the removal, replacement or retirement of You 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
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Terms and Conditions of Trade -2022
(iv) any resettlement of the trust property.

21. GENERAL
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.
21.2 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.
21.3 These terms and conditions and any contract to which they apply shall be governed by the laws of New
South Wales, Australia.
21.4 Subject to clause 13, We shall be under no liability whatsoever to You for any indirect and/or
consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us
of these terms and conditions (alternatively Our liability shall be limited to damages which under no
circumstances shall exceed the Price of the Goods or Services).
21.4 We may licence and/or assign all or any part of its rights and/or obligations under this Contract without
Your consent.
21.5 You cannot licence or assign without Our written approval.
21.6 We may elect to subcontract out any part of the Services but shall not be relieved from any liability or
obligation under this Contract by so doing. Furthermore, You agrees and understand that they have no
authority to give any instruction to any of Our subcontractors without Our written authority.
21.7 You agrees that We may amend these terms and conditions and those of any subsequent future contracts
with You. For any existing contract with You, those changes shall be deemed to take effect from the date
on which You accepts such changes, or otherwise at such time as You makes a further request for Us to
provide Goods and services to You.
21.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial
action, fire, flood, storm or other event beyond the reasonable control of either party.
21.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary
authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and
valid legal obligations on them.