1.1 “Contractor” means Walk on Wood Pty Ltd T/A Walk on Wood Timber Floors, its successors and assigns or any person acting on behalf of
and with the authority of Walk on Wood Pty Ltd T/A Walk on Wood Timber Floors.
1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting the Contractor to provide the
Works as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Client’s executors, administrators, successors and permitted assigns.
1.3 “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by the Contractor to the
Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the
1.4 “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between the Contractor and the Client in
accordance with clause 5 below.
1.5 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” Cth.
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client
places an order for or accepts delivery of any Works.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any
inconsistency with any other document or agreement between the Client and the Contractor.
2.3 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 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual
error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Works.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful
misconduct of the Contractor; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Client shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client
and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax
number/s, change in trustees, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the
Client’s failure to comply with this clause.
5. Price and Payment
5.1 At the Contractor’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Contractor to the Client in respect of Works performed or Materials supplied; or
(b) the Contractor’s quoted Price (subject to clause 5.2) which shall be binding upon the Contractor provided that the Client shall accept the
Contractor’s quotation in writing within thirty (30) days.
5.2 The Contractor reserves the right to change the Price:
(a) if a variation to the Materials which are to supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or
(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor
weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party
not being completed, change of design, floor preparation, hidden pipes and wiring in walls etc) which are only discovered on
commencement of the Works; or
(d) in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor’s control.
5.3 Variations will be charged for on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the
Contractor’s invoice. The Client shall be required to respond to any variation submitted by the Contractor within ten (10) working days.
Failure to do so will entitle the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the
time of their completion.
5.4 At the Contractor’s sole discretion a non-refundable deposit may be required.
5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor,
which may be:
(a) on completion of the Works; or
(b) by way of progress payments in accordance with the Contractor’s specified progress payment schedule. Such progress payment claims
may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or
(c) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.
5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client
and the Contractor.
5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the
Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.
5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Contractor an amount equal to
any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for the sale of the Materials. The Client
must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In
addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly
included in the Price.
6. Provision of the Works
6.1 Subject to clause 6.2 it is the Contractor’s responsibility to ensure that the Works start as soon as it is reasonably possible.
6.2 The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the
Contractor claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Contractor’s
control, including but not limited to any failure by the Client to:
(a) make a selection; or
(b) have the site ready for the Works; or
(c) notify the Contractor that the site is ready.
6.3 The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the
provisions in these terms and conditions.
6.4 Any time specified by the Contractor for delivery of the Works is an estimate only and the Contractor will not be liable for any loss or damage
incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the
Works to be supplied at the time and place as was arranged between both parties.
7.1 If the Contractor retains ownership of the Materials under clause 10 then;
(a) where the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client
must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time
that the Materials are delivered by the Contractor or the Contractor’s nominated carrier to the Client’s nominated delivery address (even
if the Client is not present at the address).
(b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the
Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
7.2 Notwithstanding the provisions of clause 7.1 if the Client specifically requests the Contractor to leave Materials outside the Contractor’s
premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client
and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost,
damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
7.3 Timber is a natural product and as such may exhibit variations in texture, shade, colour, surface, finish, markings, veining, and contain
natural fissures, occlusions, and indentations. Whilst the Contractor will make every effort to match sales samples to the finished Materials
the Contractor accepts no liability whatsoever where such samples differ to the finished Materials supplied.
7.4 Timber is a hydroscopic material subject to expansion and contraction, therefore the Contractor will accept no responsibility for gaps that
may appear in the flooring during prolonged dry periods.
7.5 The Client acknowledges that Materials supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
7.6 The Contractor shall not be liable for any damage or inconsistencies in the floor boards caused by air-conditioning, air flow, sun exposure,
and dust in the air, heating or large expanses of glass windows without curtains or blinds, or any other site conditions that affect the
completed condition of the floors.
7.7 Whilst the Contractor will take all due care to avoid contamination of the finished surface, the Contractor accepts no responsibility for
contamination by natural contaminates such as dust or hair which may be present at the worksite.
7.8 The Contractor will only inspect or view a timber floor from a standing position, as this is generally how you will be living on it. Minor marks or
slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects.
8.1 It is the Clients responsibility to:
(a) have all areas clean and clear to enable scheduled work to be completed in accordance with the schedule of installation. The Contractor
is not insured to remove furniture or fittings and will not do so nor is the Contractor licensed to move gas or electrical appliances; and
(b) remove all existing floor coverings, tacks, staples and concrete slabs are to be scraped and cleaned before commencement of the
(c) remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damage are the responsibility
of the Client. All care is taken but no responsibility accepted by the Contractor in this regard; and
(d) provide adequate dustsheets to protect the Clients furniture and décor. The Contractor cannot accept any responsibility for the cleaning
or repair cost attributed to dust or damage caused by the sanding or cutting process; and
(e) supply power to within 15 metres of the project; and
(f) make the premises available on the agreed date and time. If installation is interrupted by the failure of the Client to adhere to the
installation schedule agreed to between the Contractor and the Client, any additional costs will be invoiced to the Client as a variation to
the original quote as per clause 5.2.
8.2 The Contractor shall not be liable if the Client does not follow the Contractor’s recommendation to:
(a) no foot traffic on the flooring for a minimum of twenty-four (24) hours but preferably seven (7) days; and
(b) no furniture to be placed on floor for a minimum of forty-eight (48) hours; and
(c) have door jams fitted with weather seals before sanding and coating as this may cause extra grit in the finish or affect the Materials
(d) ensure that walls and skirting’s are painted after the sanding and polishing of the timber floor failure to comply with this may result in
walls needing to be repainted due to the easiness of knocking such surfaces; and
(e) place felt under furniture legs to reduce any damage by impact or scratching.
8.3 The Client acknowledges that it is the responsibility of the Client to remove all rubbish from the worksite unless the Client instructs the
Contractor prior to the commencement of the Works. This will then attract a surcharge for this removal and will be treated as a variation as
per clause 5.2.
8.4 The Client agrees to indemnify the Contractor against any claims howsoever arising from the provisions in clause 8.
8.5 The Client agrees to indemnify the Contractor from any damage caused by any other tradesman during and after the completion of the
Works. If the Client instructs the Contractor to rectify any damage caused by any other tradesman, this will become a variation and shall be
charged in accordance with clause 5.2.
9.1 The Client shall ensure that the Contractor has clear and free access to the worksite at all times to enable them to undertake the Works. The
Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted
or paved or grassed areas) unless due to the negligence of the Contractor.
10.1 The Contractor and the Client agree that ownership of the Materials shall not pass until:
(a) the Client has paid the Contractor all amounts owing to the Contractor; and
(b) the Client has met all of its other obligations to the Contractor.
10.2 Receipt by the Contractor 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 It is further agreed that:
(a) untill ownership of the Materials passes to the Client in accordance with clause 10.1 that the Client is only a bailee of the Materials and
unless the Materials have become fixtures must return the Materials to the Contractor on request.
(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for the Contractor and must pay to the Contractor the
proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
(c) the production of these terms and conditions by the Contractor shall be sufficient evidence of the Contractor’s rights to receive the
insurance proceeds direct from the insurer without the need for any person dealing with the Contractor to make further enquiries.
(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for
market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such
act on trust for the Contractor and must pay or deliver the proceeds to the Contractor on demand.
(e) the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the
resulting product on trust for the benefit of the Contractor and must sell, dispose of or return the resulting product to the Contractor as it
(f) unless the Materials have become fixtures the Client irrevocably authorises the Contractor to enter any premises where the Contractor
believes the Materials are kept and recover possession of the Materials.
(g) the Contractor may recover possession of any Materials in transit whether or not delivery has occurred.
(h) the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials
while they remain the property of the Contractor.
(i) the Contractor may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials
has not passed to the Client.
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
11.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA and creates a security interest in all Materials that have previously been supplied and that
will be supplied in the future by the Contractor to the Client.
11.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in
all respects) which the Contractor may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities
(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 Contractor 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 Materials charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials in favour of a
third party without the prior written consent of the Contractor; and
(e) immediately advise the Contractor of any material change in its business practices of selling the Materials which would result in a change
in the nature of proceeds derived from such sales.
11.4 The Contractor and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these
terms and conditions.
11.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
11.6 The Client waives 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 the Contractor, the Client waives its right to receive a verification statement in accordance with
section 157 of the PPSA.
11.8 The Client shall unconditionally ratify any actions taken by the Contractor 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 the Contractor agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or
several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the
performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
12.2 The Client indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and
own client basis incurred in exercising the Contractor’s rights under this clause.
12.3 The Client irrevocably appoints the Contractor and each director of the Contractor as the Client’s true and lawful attorney/s to perform all
necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.
13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify the
Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must
notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such
notification the Client must allow the Contractor to inspect the Materials or to review the Works 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 (NonExcludedGuarantees).
13.3 The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no
warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the
Materials/Works. The Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law.
13.5 If the Client is a consumer within the meaning of the CCA, the Contractor’s liability is limited to the extent permitted by section 64A of
13.6 If the Contractor is required to replace any Materials under this clause or the CCA, but is unable to do so, the Contractor may refund any
money the Client has paid for the Materials.
13.7 If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do
so, then the Contractor may refund any money the Client has paid for the Works but only to the extent that such refund shall take into
account the value of Works and Materials which have been provided to the Client which were not defective.
13.8 If the Client is not a consumer within the meaning of the CCA, the Contractor’s liability for any defect or damage in the Materials is:
(a) limited to the value of any express warranty or warranty card provided to the Client by the Contractor at the Contractor’s sole discretion;
(b) limited to any warranty to which the Contractor is entitled, if the Contractor did not manufacture the Materials;
(c) otherwise negated absolutely.
13.9 Subject to this clause 13, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 13.1; and
(b) the Contractor has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Materials 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, the Contractor shall not be liable for any defect or damage which may be
caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Materials;
(b) the Client using the Materials for any purpose other than that for which they were designed;
(c) the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent
operator or user;
(d) interference with the Works by the Client or any third party without the Contractor’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by the Contractor;
(f) fair wear and tear, any accident, or act of God.
13.11 Notwithstanding anything contained in this clause if the Contractor is required by a law to accept a return then the Contractor will only accept
a return on the conditions imposed by that law.
14. Default and Consequences of Default
14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a
half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as
well as before any judgment.
14.2 If the Client owes the Contractor any money the Client shall indemnify the Contractor from and against all costs and disbursements incurred
by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client
basis, the Contractor’s contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies the Contractor may have under this contract, if a Client has made payment to the Contractor, and the
transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs
incurred by the Contractor under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention
to the Client’s obligations under this contract.
14.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Client will be unable to make a payment when
it falls due;
(b) the Client has exceeded any applicable credit limit provided by the Contractor;
(c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15.1 Without prejudice to any other remedies the Contractor may have, if at any time the Client is in breach of any obligation (including those
relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Works to the Client. The
Contractor will not be liable to the Client for any loss or damage the Client suffers because the Contractor has exercised its rights under this
15.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works
are commenced by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any sums paid in respect
of the Price, less any amounts owing by the Client to the Contractor for Works already performed. The Contractor shall not be liable for any
loss or damage whatsoever arising from such cancellation.
15.3 In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by
the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits).
15.4 Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once
production has commenced, or an order has been placed.
16. Compliance with Laws
16.1 The Client and the Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public
authorities that may be applicable to the Works.
16.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.
16.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other
relevant safety standards or legislation.
17. Privacy Act 1988
17.1 The Client agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g.
name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the
17.2 The Client agrees that the Contractor may exchange information about the Client with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
17.3 The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.
17.4 The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for
other agreed purposes or required by):
(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.
17.5 The Contractor may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
17.6 The information given to the CRB may include:
(a) personal information as outlined in 17.1 above;
(b) name of the credit provider and that the Contractor is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account
and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty
(60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that
the Client no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding
that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Contractor, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
17.7 The Client shall have the right to request (by e-mail) from the Contractor:
(a) a copy of the information about the Client retained by the Contractor and the right to request that the Contractor correct any incorrect
(b) that the Contractor does not disclose any personal information about the Client for the purpose of direct marketing.
17.8 The Contractor will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in
order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
17.9 The Client can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven
(7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.
In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
18. Construction Contracts Act 2004
18.1 At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Works and/or Materials then the provisions of the
Construction Contracts Act 2004 may apply.
18.2 Nothing in this agreement is intended to have the affect of contracting out of any provisions of the Construction Contracts Act 2004 of
Western Australia, except to the extent permitted by the Act where applicable.
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;
(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
(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, at the time when by the ordinary course of
post, the notice would have been delivered.
20.1 If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any Trust (“Trust”) then
whether or not the Contractor may have notice of the Trust, the Client covenants with the Contractor as follows:
(a) the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not
purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right
of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of the Contractor (the Contractor will not unreasonably withhold consent), cause, permit, or
suffer to happen any of the following events;
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust proper
21.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which the Contractor
has its principal place of business, and are subject to the jurisdiction of the courts in Western Australia.
21.3 Subject to clause 13 the Contractor shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or
expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions (alternatively
the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
21.4 The Contractor may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
21.5 The Client cannot licence or assign without the written approval of the Contractor.
21.6 The Contractor may elect to subcontract out any part of the Works but shall not be relieved from any liability or obligation under this contract
by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Contractor’s
sub-contractors without the authority of the Contractor.
21.7 The Client agrees that the Contractor may amend these terms and conditions by notifying the Client in writing. These changes shall be
deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further
request for the Contractor to provide Works to the Client.
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.