TERMS AND CONDITIONS of HIRE
1. 1. Definitions
In this document, unless the context indicates a contrary intention:
Additional Costs means the fees for any additional goods and services specified in the Equipment Hire Summary.
Agreement means the agreement comprising the Equipment Hire Summary and these Terms and Conditions.
Business Day means a day which is not a Sunday, Saturday, public holiday or bank holiday in the State where the Hired Item is hired.
Client means the party specified as the client in the Equipment Hire Summary.
Equipment Hire Summary means the Maintenance Service Summary emailed to the Client upon acceptance of the Client’s order.
GST means any tax imposed by or through the GST Law on a supply (without regard to any input tax credit) including, where relevant, any related interest, penalties, fines or other charges to the extent they relate to a supply under this Agreement.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (and any related tax imposition act).
Hire Charge means the rate of hire specified in Equipment Hire Summary.
Hired Item means the item or items specified in the Equipment Hire Summary, including any replacements of those items, and any Extras.
Insurance means a policy of insurance as described under clause 9, and specified in the Equipment Hire Summary.
Invoice means a statement of fees and charges issued from time to time by the Owner to the Client for the amounts payable under this Agreement.
Notice means a notification under clause 10.
Owner means Art of Aquaria Pty Ltd.
Parties mean the parties to this Agreement.
Payment Period means 30 days from the date specified on an invoice, or such longer period as the Owner has, in its discretion, specified to the Hirer in writing.
Period of Hire means the time period, as described under clause 3 of these Terms and Conditions, for which the hire is applicable.
Client Site means the designated location specified in the Equipment Hire Summary.
Terms and Conditions means these terms and conditions.
2. Period of Hire
(a) The Owner agrees to hire the Hired Item to the Client on the terms and conditions set out in the Agreement during the Period of Hire.
(b) The Period of Hire will commence from the date on which the Hired Item is delivered to the Client Site and cease when the hire is terminated by either party in accordance with clause 9 hereof.
(c) Notwithstanding anything in this Agreement, if the Owner is unable to gain access to the Hired Item upon or after termination due to an act or omission of the Client, the Period of Hire will continue at the Hire Charge until the Owner is provided with access to the Hired Item.
(d) For the purposes of calculating the Hire Charge during the period to which an Invoice relates, the minimum charge will be that shown in the Equipment Hire Summary. In the event of a hire ceasing part way through an invoice period where the Client is not in default of these Terms and Conditions, the minimum charge will be calculated on a pro rata basis.
1. Delivery and removal of hired item
(a) Unless otherwise agreed between the Owner and the Client, the Owner will deliver the Hired Item to the Client Site at the Commencement of the Period of Hire and collect the Hired Item at the end of the Period of Hire.
(b) The Client must do all that is practicable to facilitate the delivery or removal, including ensuring that the Hired Item is in an appropriate state and position for removal.
The Owner will use its best endeavours to have the Hired Item delivered on time, but the Owner will not be liable to the Client for late delivery, non-delivery or any loss or damage occasioned to the Client for such late or non-delivery.
4. undertakings by the client
The Client undertakes that it will:
(a) only use the Hired Item in accordance with this Agreement;
(b) not deal with the title to the Hired Item, on-hire the Hired Item, or otherwise deal with the Hired Item in a manner inconsistent with the Client’s position as bailee of the Hired Item, unless the Client obtains written consent from the Owner; and
(c) not part in any way with possession of the Hired Item, nor remove the Hired Item from the Client Site, without the prior written consent of the Owner;
(d) advise the Owner of the precise location of the Hired Item, and promptly grant access to it, at the request of the Owner; and
(e) except where the Client has entered into an agreement with the Owner under which the Owner will service the Hired Items:
(i) if specified in the Equipment Hire Summary, service the Hired Item at minimum periods according to manufacturer specifications or to specific guidelines supplied by the Owner; and
(ii) service and maintain the Hired Item to a standard of good repair and condition, fair wear and tear excepted, in accordance with any specific conditions as to service and maintenance set out in the Equipment Hire Summary; and
(iii) supply at its own cost anything necessary for the operation, service and maintenance of the Hired Item consistent with manufacturer specifications; and
(f) immediately give Notice to the Owner if the Hired Item is lost, damaged or destroyed; and
(g) accept full responsibility for the safe keeping of the Hired Item for the duration of the Period of Hire and until the Hired Item is returned to the Owner’s premises or other location nominated by the Owner; and
(h) at the end of the Period of Hire:
(i) have the Hired Item in good working order and repair, fair wear and tear or bear the costs plus 12% for the Owner to repair the Hired Item to the original supplied condition, fair wear and tear excepted;
(ii) clean the Hired Item; and
(i) be liable for all loss or damage to, or caused by, the Hired Item from the commencement of the Period of Hire until the Hired Item is in the possession of the Owner at the conclusion of the Period of Hire, fair wear and tear excepted.
1. Liability and indemnity
(a) The Client indemnifies the Owner against any liability or loss arising from, and any costs charges and expenses incurred in connection with:
(i) loss of or damage to or by the Hired Item during the Period of Hire, including property damage, injury or death caused directly or indirectly by the Hired Item and specific consequential losses that the Owner has made the Client aware of; and
(ii) any act or omission of the Client during the Period of Hire, except to the extent caused by the negligence of the Owner; and
(iii) any breach of this Agreement including a delay in payment of money under this Agreement.
(b) The Owner shall not be liable to the Client in contract, tort or otherwise for any loss or damage of whatsoever kind howsoever occasioned at any time, except to the extent caused by its own negligence.
(c) The Client shall be responsible for any loss, damage, liability or cost caused by or to the Hired Item during the Period of Hire, or caused by any act or omission of the Client during the Period of Hire, except to the extent caused by the negligence of the Owner.
2. fees and charges
(a) The Owner will issue an Invoice to the Client after the completion of the Period of Hire and at least monthly during the Period of Hire.
(b) The Client must pay to the Owner the following amounts as stated on any Invoice:
(i) the Hire Charge; and
(ii) the Additional Costs; and
(iii) the cost of repairing any damage to the Hired Item, fair wear and tear excepted, which will include the cost of any parts and labour supplied by the Owner plus 12%; and
(iv) the cost of replacing a Hired Item which is beyond repair due to an act or omission by the Client; and
(v) the fee specified in the Equipment Hire Summary for any Extras chosen by the Client if the Extras are lost, stolen or damaged; and
(vi) any other amounts that become owing by the Client under this Agreement; and
(vii) all government charges and taxes relating to this Agreement or the payments to be made under it, including stamp duty, financial institutions duty and GST.
(c) The Client must pay to the Owner:
(i) all Hire Charges and other amounts stated in an Invoice within the Payment Period; and
(ii) costs and expenses incurred in the exercise or attempted exercise by the Owner of the Owner’s rights under this Agreement, including collection agency fees and legal fees (calculated on a solicitor and own client basis); and
(d) The Owner is entitled to charge interest on all amounts that may become due by the Client to the Owner under this Agreement which are not paid by the end of the Payment Period, and such interest will accrue and be payable at the rate of 15 per cent per annum, calculated on daily balances and compounded monthly from the due date for payment until paid.
(e) The Service Provider may revise the Service Charge at any time, provided that it must give notice to the Client of the new Service Charge, which shall not take effect earlier than the start of the next calendar month.
3. GST
(a) Any reference in this clause to a term defined or used in the GST Law is, unless the context indicates otherwise, a reference to that term as defined in the GST Law.
(b) Unless expressly included, the consideration for any supply made under or in connection with this Agreement does not include an amount on account of GST in respect of the supply (GST Exclusive Consideration) except as provided under this clause.
(c) To the extent that GST is payable in respect of any supply made by a party (GST Supplier) under or in connection with this Agreement, the consideration to be provided under this Agreement for that supply (unless it is expressly stated to include GST) is increased by an amount equal to the GST Exclusive Consideration (or its GST exclusive market value if applicable) multiplied by the rate at which GST is imposed in respect of the supply.
(d) The GST Supplier must issue to the recipient, before the time of payment of the consideration for the supply, an invoice that constitutes a tax invoice under the GST Law, that will, where applicable, enable the recipient to claim any tax credits for the GST in respect of supplies to which the invoice relates, or at such other time as the parties agree.
4. condition report
(a) At the time the Period of Hire commences, or subsequently if the Parties agree, the Owner may provide a Condition Report to the Client. If a Condition Report is not disputed by the Client within 3 days of receipt, it will be conclusive evidence of the matters that it contains.
5. TERMINATION
(a) Without prejudice to any other remedies the Service Provider may have against the Client, this Agreement may be terminated by a party:
(i) upon giving the other party one months’ Notice of termination at any time during the Term; or
(ii) without Notice, if the other party engages in conduct which would enable a court to make an order against it for winding-up (if a company) or grant a creditor’s petition (if an individual), or be wound-up, or go into voluntary administration, or if a liquidator or receiver or administrator of its assets or any of them is appointed, or if any court order or process is made against it in relation to any of its assets; or
(iii) without Notice if the other party commits any material breach of this Agreement including failure to pay by the Client; or
(b) Upon termination the Owner shall be entitled without Notice to take possession of the Hired Item. The Client is responsible for all costs incurred by the Owner in taking possession of the Hired Item in accordance with this clause.
(c) The Hire Charge and any additional amounts that may be invoiced to the Client under this Agreement continue to be payable to the Owner during the requisite notice period in clause 10(a)(i).
6. notice
(a) Any notice, demand, termination procedure or other communication relating to this Agreement must be given by either:
(i) being personally served on a Party;
(ii) being left at the Party’s current address; or
(iii) being sent to a Party’s current address by pre-paid ordinary mail;
(iv) facsimile to the Party’s current number for service.
7. Further acts
The Parties will promptly do and perform all further acts and execute and deliver all further documents required by law or reasonably requested by any other party to carry out and effect the intent and purpose of this Agreement and to protect the Owner’s rights in the Hired Item.
12. variation
Any variation of or to this Agreement will not have any effect whatsoever unless such variation is reduced to writing and signed by the Owner and the Client.
13. waiver
Failure of the Owner to exercise any or all of its rights or powers under this Agreement at any time and for any period of time shall not constitute a waiver of any of the Owner’s rights or powers arising pursuant to this Agreement.
14. replacement hired item
The terms and conditions listed in this Agreement shall apply equally and fully to any replacement or substituted Hired Item supplied during the Period of Hire.
15. counterparts
This Agreement may be executed in any number of counterparts, all of which taken together constitute one and the same document. This Agreement may be executed by either of the Parties by duly executing a counterpart and forwarding a copy of the signed counterpart to the other party or the solicitors for the other party by facsimile transmission and this Agreement shall be deemed to have been executed by that party upon receipt of a transmission confirmation by the sender.
The Client accepts the terms of this Agreement on delivery and/or commissioning of the Hired Item, whether the Agreement is signed or not.
16. Assignment of rights
Subject to clause 21 hereof, the Client accepts that this agreement can be assigned by the Owner with written notice to the Client.
17. Application of Hire Charge
The Owner may, in its absolute discretion and at any time without demand or notice, apply any sum paid by the Client to any outstanding invoice, debt or other amount which remains payable by the Client to the Owner, whether under this Agreement or any other agreement.
TERMS AND CONDITIONS – MAINTENANCE SERVICE
1. 1. Definitions
In this document, unless the context indicates a contrary intention:
Additional Charges means the fees for any additional goods or services supplied by the Service Provider, including any additional attendances or work required in addition to the standard Services.
Agreement means the agreement comprising the Maintenance Service Summary and these Terms and Conditions.
Business Day means a day which is not a Sunday, Saturday, public holiday or bank holiday in the State where the Serviced Item is hired.
Client means the party specified as the client in the Maintenance Service Summary.
Maintenance Service Summary means the Maintenance Service Summary emailed to the Client upon acceptance of the Client’s order.
GST means any tax imposed by or through the GST Law on a supply (without regard to any input tax credit) including, where relevant, any related interest, penalties, fines or other charges to the extent they relate to a supply under this Agreement.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (and any related tax imposition act).
Service Charge means the fees and charges specified in Maintenance Service Summary.
Serviced Item means the item or items specified in the Maintenance Service Summary, including any replacements of those items.
Invoice means a statement of fees and charges issued from time to time by the Service Provider to the Client for the amounts payable under this Agreement.
Notice means a notification under clause 9.
Service Provider means Art of Aquaria Pty Ltd.
Services means:
(a) twice-monthly servicing from a local technician, who will – service and maintain the Serviced Item to a standard of good repair and condition, fair wear and tear excepted, subject to any specific conditions as to service and maintenance set out in the Maintenance Service Summary;
(b) supply of replacement fish, plants and food; and
(c) access to a 24-hour helpline service, not including any additional attendances or work required outside of normal scheduled servicing arrangements.
Parties mean the parties to this Agreement.
Payment Period means 14 days from the date of invoice.
Term means the term of this Agreement as described under clause 3 of these Terms and Conditions.
Client Site means the designated location specified in the Maintenance Service Summary.
Terms and Conditions means these terms and conditions.
2. Term
(a) The Service Provider agrees to provide the Services to the Client during the Term on the terms and conditions set out in the Agreement.
(b) The Term will commence from the date of receipt of first payment and cease when this Agreement is terminated by either party in accordance with clause 8 hereof.
(c) For the purposes of calculating the Service Charge during the period to which an Invoice relates, the minimum charge will be that shown in the Maintenance Service Summary. In the event of a hire ceasing part way through an invoice period where the Client is not in default of these Terms and Conditions, the minimum charge will be calculated on a pro rata basis.
1. ACCESS TO SERVICED item
(a) The Client must do all that is practicable to facilitate access by the Service Provider (and its subcontractors and employees) to the Serviced Item on normal Business Days, including ensuring that the Serviced Item is in an appropriate state and position to be serviced.
(b) The Service Provider will use its best endeavours to provide the Services within any timeframes specified in this Agreement, but the Service Provider will not be liable to the Client for any loss or damage occasioned to the Client where such Services are not able to be provided within such timeframes.
2. undertakings by the client
The Client undertakes that it will:
(a) only use the Serviced Item for its intended purpose;
(b) between services, comply with any specific guidelines supplied by the Service Provider in relation to the Serviced Item;
(c) ensure that any supply of water or electricity to the Serviced Item is continuous and uninterrupted;
(d) not remove the Serviced Item from the Client Site without the prior written consent of the Service Provider; and
(e) advise the Service Provider of the precise location of the Serviced Item, and grant access to it to the Service Provider’s subcontractors and employees.
1. Liability and indemnity
(a) The Client indemnifies the Service Provider against any liability or loss arising from, and any costs charges and expenses incurred in connection with:
(i) loss of or damage to or by the Serviced Item during the Term, including property damage, injury or death caused directly or indirectly by the Serviced Item and specific consequential losses that the Service Provider has made the Client aware of; and
(ii) any act or omission of the Client during the Term, except to the extent caused by the negligence of the Service Provider; and
(iii) any breach of this Agreement including a delay in payment of money under this Agreement.
(b) The Service Provider shall not be liable to the Client in contract, tort or otherwise for any loss or damage of whatsoever kind howsoever occasioned at any time, except to the extent caused by its own negligence.
(c) The Client shall be responsible for any loss, damage, liability or cost caused by or to the Serviced Item during the Term, or caused by any act or omission of the Client during the Term, except to the extent caused by the negligence of the Service Provider.
2. fees and charges
(a) The Service Provider will issue monthly Invoices to the Client during the Term.
(b) The Client must pay to the Service Provider the following amounts as stated on any Invoice:
(i) the Service Charge; and
(ii) the Additional Charges; and
(iii) any other amounts that become owing by the Client under this Agreement; and
(iv) all government charges and taxes relating to this Agreement or the payments to be made under it, including stamp duty, financial institutions duty and GST.
(c) The Client must pay to the Service Provider all amounts stated in an Invoice within the Payment Period and costs and expenses incurred in the exercise or attempted exercise by the Service Provider of the Service Provider’s rights under this Agreement, including collection agency fees and legal fees (calculated on a solicitor and own client basis).
(d) The Service Provider is entitled to charge interest on all amounts that may become due by the Client to the Service Provider under this Agreement which are not paid by the end of the Payment Period, and such interest will accrue and be payable at the rate of 15 per cent per annum, calculated on daily balances and compounded monthly from the due date for payment until paid.
(e) The Service Provider may revise the Service Charge at any time, provided that it must give notice to the Client of the new Service Charge, which shall not take effect earlier than the start of the next calendar month.
3. GST
(a) Any reference in this clause to a term defined or used in the GST Law is, unless the context indicates otherwise, a reference to that term as defined in the GST Law.
(b) Unless expressly included, the consideration for any supply made under or in connection with this Agreement does not include an amount on account of GST in respect of the supply (GST Exclusive Consideration) except as provided under this clause.
(c) To the extent that GST is payable in respect of any supply made by a party (GST Supplier) under or in connection with this Agreement, the consideration to be provided under this Agreement for that supply (unless it is expressly stated to include GST) is increased by an amount equal to the GST Exclusive Consideration (or its GST exclusive market value if applicable) multiplied by the rate at which GST is imposed in respect of the supply.
(d) The GST Supplier must issue to the recipient, before the time of payment of the consideration for the supply, an invoice that constitutes a tax invoice under the GST Law, that will, where applicable, enable the recipient to claim any tax credits for the GST in respect of supplies to which the invoice relates, or at such other time as the parties agree.
4. TERMINATION
(a) Without prejudice to any other remedies the Service Provider may have against the Client, this Agreement may be terminated by a party:
(i) upon giving the other party one months’ Notice of termination at any time during the Term; or
(ii) without Notice, if the other party engages in conduct which would enable a court to make an order against it for winding-up (if a company) or grant a creditor’s petition (if an individual), or be wound-up, or go into voluntary administration, or if a liquidator or receiver or administrator of its assets or any of them is appointed, or if any court order or process is made against it in relation to any of its assets; or
(iii) without Notice if the other party commits any material breach of this Agreement including failure to pay by the Client; or
(b) The Service Charge and any additional amounts that may be invoiced to the Client under this Agreement continue to be payable to the Service Provider during the notice period in clause 8(a)(i).
5. notice
(a) Any notice, demand, termination procedure or other communication relating to this Agreement must be given by either:
(i) being personally served on a Party;
(ii) being left at the Party’s current address; or
(iii) being sent to a Party’s current address by pre-paid ordinary mail;
(iv) facsimile to the Party’s current number for service.
6. variation and waiver
Any variation of or to this Agreement will not have any effect whatsoever unless such variation is reduced to writing and signed by the Service Provider and the Client. Failure of the Service Provider to exercise any or all of its rights or powers under this Agreement at any time and for any period of time shall not constitute a waiver of any of the Service Provider’s rights or powers arising pursuant to this Agreement.
11. affirmation of agreement
The Client affirms the terms of this Agreement on each occasion that its provides payment or access to the Serviced Item.
12. Assignment of rights
The Client accepts that this agreement can be assigned by the Service Provider with written notice to the Client.
13. Application of Service Charge
The Service Provider may, in its absolute discretion and at any time without demand or notice, apply any sum paid by the Client to any outstanding invoice, debt or other amount which remains payable by the Client to the Service Provider, whether under this Agreement or any other agreement.
WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Art of Aquaria Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. Our services are provided to businesses and individuals over the age of eighteen (18) years.
2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.
Product Descriptions
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. We supply and despatch our products to customers within Australia only.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
9. Delivery is an additional charge, calculated at time of purchase.
10. When you make an enquiry via our website, we may require you to provide details of your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
11. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
Site Access
12. When you visit our website, we give you a limited licence to access and use our information for personal use.
13. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
15. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
16. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
17. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
18. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
19. All trade marks, brands and logos generally identified either with or without the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
20. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
21. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
22. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
23. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
24. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
25. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
26. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
27. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
28. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
29. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
d. We do not participate in any way in the transactions between our users.
Indemnity
30. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Jurisdiction
31. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
32. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
33. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
34. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.