Legal Terms & Conditions
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Eco Concepts Australia Pty Ltd T/A Eco Outdoor Terms & Conditions of Trade © Copyright – EC Credit Control Pty Ltd 1999 – 2011
Eco Outdoor Legal Terms & Conditions
1.1 “Australian Consumer Law” means the Australian Consumer Law in Schedule 2 to the CCA.
1.2 “CCA” means the Competition and Consumer Act 2010.
1.3 “Company” means Eco Concepts Australia Pty Ltd (ACN 097 041 462) ATF Eco Concepts Unit Trust T/A Eco Outdoor and any person acting on behalf of and with the authority of the Company.
1.4 “Customer” means the person(s) who places an order with the Company to buy Goods from the Company. If there is more than one Customer, the term “Customer” is a reference to each Customer, jointly and severally.
1.5 “Delivery” means delivery of the Goods to the Customer in accordance with clause 4.1.
1.6 “Deposit” means the amount payable by the Customer to activate a Sales Order as specified in the Sales Order.
1.7 “Goods” means all goods and/or services sold, delivered or supplied by the Company to the Customer pursuant to a Sales Order.
1.8 “Invoice” means the Company’s tax invoice for the Goods.
1.9 “Price” means the amount payable for the Goods as specified in the Sales Order and in accordance with clause 3.1.
1.10 “Sales Order” means the sales order issued by the Company for the supply of the Goods to the Customer.
2.1 Customer orders. The Company reserves the right to accept or reject in whole or part, any Customer order for Goods. Any order placed by the Customer is at all times subject to acceptance by the Company, and no Customer order will be binding on the Company until activation of the Sales Order.
2.2 Sales Order. A Sales Order will be accepted by the Customer on activation of the Sales Order. A Sales Order will be activated at the earlier of:
(a) the Customer making payment of the Deposit for the Goods;
(b) the Customer making payment of the Price (in whole or part) for the Goods; and
(c) Delivery of the Goods to the Customer.
No Sales Order will be binding on the Company until the Sales Order has been activated. Failure to pay the Deposit to the Company within 30 days of issue of the Sales Order will automatically close the Sales Order.
2.3 Acceptance of Terms of Trade. Upon activation of a Sales Order a binding contract between the Customer and the Company shall be formed for the supply of the Goods. The Customer and the Company are immediately bound, jointly and severally by the terms of the Sales Order and the terms of trade incorporated therein.
2.4 No changes on activated Sales Orders. Upon activation of a Sales Order, the Customer must not cancel or change its order for Goods except with the written agreement of the Company and in accordance with these terms of trade.
2.5 Acceptance of Goods.
(a) The Customer must inspect the Goods on Delivery and must within seven (7) days of Delivery notify the Company in writing of any:
(i) evident defect/damage,
(ii) shortage in quantity,
(iii) failure to comply with the description or quote, or
(iv) any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident.
Upon such notification (if required) the Customer must allow the Company access to inspect the Goods, as well as promptly providing any additional information or evidence reasonably required to assess the notification.
(b) If the Customer fails to notify the Company in accordance with clause 2.5(a), the Customer is deemed to have accepted the Goods as compliant with the Customer’s order and free from any visible defects or variations. The Customer must inspect and verify the Goods as suitable for installation prior to installation. Installation or incorporation of the Goods into any surface constitutes irrevocable acceptance of the Goods, including any visible characteristics such as shade variation, dimensional variation, texture, markings or finish.
(c) The Company will not be held liable for any return, replacement or rectification costs when a Customer has installed or used the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user.
3.1 Price. The Price payable for the Goods shall be the price specified by the Company in the Sales Order (subject to any variation to Price in accordance with clause 3.2). Unless otherwise stated, the Price does not include GST or delivery charges, which are payable by the Customer to the Company. Pricing shall be in accordance with the Company’s current price list as at the date of the Sales Order.
3.2 Variation to Price. The Company reserves the right to vary the Price specified in a Sales Order to the price current as at the date of Delivery of the Goods according to the Company's current price list. The Company’s right to vary the Price in accordance with this clause 3.2 applies where the Customer order for Goods was placed more than 12 months prior to the date of Delivery of the Goods. The Company will notify the Customer of any variation to Price made in accordance with this clause 3.2.
3.3 Deposit. Payment of a deposit (50% of the Price of the Goods unless otherwise specified by the Company) is required to activate the Sales Order. Subject to law and these Terms of Trade, the Deposit is non-refundable. A minimum level of 50% deposit on undelivered Goods must always be maintained on the Customer’s order (unless otherwise agreed by the Company).
3.4 Quotations. The issue of a quotation by the Company does not constitute an offer to supply, or an offer to supply at any price quoted therein. Unless otherwise specified by the Company, quotations are estimates of Price only.
3.5 Storage & Storage Fees. The Company will store ordered Goods for a period of up to 30 days after arrival at the Company's warehouse. After which storage fees will be payable at a rate of $150 per week per crate. For stocked items, the Company will allocate Goods from stockholding or incoming shipments to meet the Customer’s proposed delivery date. If the Customer is unable to take delivery (including where the Company is unable to contact the Customer’s designated contact for delivery), the Company reserves the right to reallocate the order to a later incoming shipment.
3.6 Payment. Payment must be made in accordance with the Company’s issued Sales Order (including payment of Deposit, progress and balance payments). The Deposit must be paid by the Customer to activate a Sales Order (unless otherwise agreed by the Company). Payment in full is required no less than seven (7) days prior to Delivery. Delivery will not be scheduled until payment has been made in full and funds have cleared.
3.7 Payment Method. The Customer must make payment to the Company in Australian dollars. Payment may be made by electronic funds transfer (EFT) or credit card (plus a surcharge of 0.9%). Payments must reference the Company's quote or Sales Order reference on all remittance advice.
3.8 Title of Goods. Title of Goods shall not pass to the Customer until:
(a) the Customer has paid for the Goods in full in accordance with the Sales Order;
(b) the Customer has met all of its other obligations to the Company; and
(c) the Goods have been delivered to the Customer or collected by the Customer's representative or their preferred carrier.
4.1 Delivery. Delivery of the Goods is taken to occur at the time that:
(a) the Customer, the Customer's representative or the Customer's nominated carrier takes possession of the Goods at the Company's address; or
(b) the Company or the Company's nominated carrier delivers the Goods to the Customer's nominated delivery address even if the Customer is not present at the address to accept delivery of the Goods.
4.2 Cost of Delivery. At the Company's sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price (as specified in the Sales Order).
4.3 Acceptance of Delivery.
(a) The Customer must take Delivery of the Goods by receipt or collection of the Goods when they are tendered by the Company for Delivery.
(b) The Company will make reasonable efforts to follow any written or verbal instructions of the Customer regarding drop-off locations, however, the Company reserves the right to deliver to an alternative position or return to the warehouse, if in their judgment, the specified position at the designated location is unsafe, inaccessible, or otherwise unsuitable for Delivery.
(c) If the Customer is unable to take Delivery of the Goods as arranged, then the Company shall be entitled to charge a fee for redelivery and/or storage.
4.4 Instalments. The Company may Deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in advance in accordance with the provisions in these terms of trade. Delay in Delivery of any instalment shall not relieve the Customer of its obligation to accept remaining deliveries.
4.5 Lead Time & Delivery Date Estimates. Any time or date given by the Company to the Customer for Delivery or lead times is an estimate only and not binding on the Company. The Company shall not be liable for any loss or damage incurred by the Customer (including liquidated damages) because of any delay in Delivery. The Customer must accept Delivery of the Goods even if Delivery is after any nominated delivery date or lead time. Sales Orders cannot be cancelled for any delay in Delivery.
5.1 Risk of Loss. The risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery (pursuant to 4.1).
6.1 Natural Variation. The Company will use reasonable endeavours to deliver finished goods which correspond to any original sample(s) that may be given to the Customer. However, variations in appearance may occur between the original sample and the final product, as well as among individual pieces during installation. Natural stone and timber flooring are inherently variable due to their natural origins. Similarly, porcelain tiles, terrazzo tiles, clay tiles and bricks, glass mosaics and bricks, and furniture (including componentry), which are manufactured using natural materials, may also exhibit natural variations. These differences are inherent to such materials.
6.2 Customer Acknowledgement. The Customer acknowledges that given the inherent variable nature of natural and manufactured materials, the Goods supplied may:
(a) exhibit natural variations in shade, colour, texture, surface finish, and markings, including fissures, occlusions and markings, and may naturally fade or change colour over time;
(b) expand, contract, or distort when exposed to environmental factors such as heat, cold, weather, or coastal conditions;
(c) mark or stain when exposed to certain substances; and
(d) be susceptible to damage or disfigurement from impact or scratching.
6.3 Samples and Representations. Samples, showroom displays, photographs, marketing materials and other representations of the Goods are indicative only and provided as a general guide to colour, texture and appearance. Due to the inherent variability of natural and manufactured materials, the Company does not represent or warrant that the Goods supplied will match or be identical to any sample or display. Differences between samples and the Goods supplied do not constitute a defect in the Goods and will not entitle the Customer to reject the Goods or to make any claim in respect of them.
6.4 Goods Data. Before placing an order, the Company may provide (including by making them available on the Company's website) the Customer with:
(a) a product specification sheet (Specification); and/or
(b) a technical product data sheet (Data Sheet) outlining technical details in relation to that type of Goods.
The Customer acknowledges and agrees that technical details in Specifications and Data Sheets are indicative only and relate only to Goods of such size and dimensions specified in the relevant Specification or Data Sheet and to the specific sample of Goods tested. Due to natural variations, the technical details of the Goods ordered by the Customer may differ from those outlined in the Specification and/or Data Sheet. Subject to any guarantees under the Australian Consumer Law, deviations or variations from them which do not substantially affect the Customer’s use of the Goods will not entitle the Customer to reject the Goods or to make any claim in respect of them.
7.1 The Company publishes information about its Goods on its website (www.eco-outdoor.com), including downloadable installation and maintenance guidelines and information in relation to the recommended use, purpose and application of the Goods (“Guides”).
7.2 As stated in the Guides, any information provided by the Company in relation to the installation or use of the Goods is intended to be a guide only and does not replace the advice and services of professional builders, contractors and/or consultants engaged in the installation or use of the Goods. Information in the Guides is general in nature and does not consider individual circumstances or the installation or use of the Goods for any specific purpose.
7.3 The Customer is solely responsible for the installation and use of the Goods. The Company will not be liable in relation to any installation or use of the Goods by the Customer or third party which does not comply with the relevant Guides or is otherwise not in accordance with accepted industry practice, standards and applicable building codes (including, where applicable, the National Construction Code (NCC)).
7.4 Apart from the Guides, the Company may from time to time provide the Customer with additional information in relation to the use, purpose or application of the Goods (“Additional Information”). Additional Information is based on the facts disclosed to the Company at the time the information is provided to the Customer. If any relevant facts or other information has not been disclosed to the Company, or if circumstances change, the Additional Information may not be accurate. To the extent permitted by law, the Company will not be liable in relation to any use of the Goods by the Customer or third party which:
(a) is not in accordance with the Additional Information; or
(b) is in accordance with Additional Information provided by the Company at a time when the Company was not in possession of all relevant facts pertaining to the Customer's circumstances or where those circumstances have changed without the Company's knowledge.
7.5 The Company may provide the Customer with a care instructions booklet (“Care Instructions”) in relation to certain furniture Goods supplied to the Customer.
The Company will not be liable for any damage to or other issues with those Goods which are due to the Customer not complying with the Care Instructions.
7.6 The Company supplies surface materials only and accepts no responsibility for the performance, compatibility or suitability of substrates, adhesives, sealers, waterproofing systems, fixing systems or other installation materials selected or supplied by third parties.
8.1 The Customer acknowledges that these terms create a security agreement under the PPSA, granting the Company a security interest in all Goods supplied.
8.2 The Customer agrees to provide necessary assistance for registering and maintaining this interest, indemnify the Company for associated costs, and comply with PPSA obligations, including waiving certain rights as permitted by law. Nothing in these terms excludes provisions of the PPSA unless expressly stated.
8.3 The Customer waives rights to receive certain notices, verification statements, and to redeem or reinstate security interests as permitted under the PPSA. The Customer also ratifies actions taken by the Company regarding registration and enforcement of security interests.
9.1 In consideration of the Company agreeing to supply the Goods, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms of trade (including the payment of any money).
9.2 The Customer indemnifies the Company from and against all the Company's costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company's rights under this clause 9.
9.3 The Customer irrevocably appoints the Company and each director of the Company as the Customer's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including signing any document on the Customer's behalf.
10.1 Return of non-conforming Goods. A Customer claim for non-conforming Goods will only be accepted by the Company where:
(a) the Customer has complied with the provisions of clause 2.3; and
(b) the Company has agreed that the Goods are non-conforming.
10.2 Remedy for non-conforming Goods. If a claim for non-conforming Goods is accepted by the Company, the Company may at its option:
(a) repair the Goods;
(b) replace the Goods;
(c) accept a return of the Goods and refund the Price of the Goods the subject of the claim.
The Company will use reasonable endeavours to supply replacement Goods consistent with the original Goods supplied, however exact visual, shade or batch matching cannot be guaranteed.
10.3 Company's Limitations of Liability of Goods. The Company shall not be liable for any defect or damage in the Goods resulting from the following:
(a) the Customer failing to properly maintain or store any Goods in accordance with generally accepted maintenance practices and any guidance published by the Company (including, in the case of furniture Goods, failing to properly maintain the Goods in accordance with the Care Instructions);
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Company (including Guides and Care Instructions);
(e) use or installation of the Goods by persons who were not appropriately qualified tradespersons in accordance with accepted industry practice, applicable industry standards and any relevant building codes (including the National Construction Code (NCC) where applicable); and
(f) fair wear and tear, any accident, or act of God; and
(g) as in accordance with clause 2.3, the Company will not be held liable for any defect or damage where the Customer has used or installed non-conforming Goods.
10.4 Return of Conforming Goods. The Company may in its absolute discretion accept (non-defective) Goods (“conforming Goods”) for return. No conforming Goods will be accepted for return unless and until the Company notifies the Customer in writing that the conforming Goods may be returned. If the Company accepts return of conforming Goods, the Customer must:
(a) return full, unopened, and undamaged crates only;
(b) return the Goods within 60 days of Delivery;
(c) pay the Company's handling fees, being the greater of thirty percent (30%) of the value of the returned Goods or one hundred and fifty dollars ($150.00);
(d) pay return freight costs; and
(e) be in good standing with the Company.
The return will result in a credit on account for use against future purchases, and such credit expires 3 years from the date of issue.
10.5 Customised Goods. The Customer acknowledges that the Company will not accept the return of Goods that have been made to order (customised) for the Customer in accordance with the Customer’s order.
10.6 Clearance / Outlet Sales.
(a) Clearance/Outlet Goods may have minor defects or imperfections, which are disclosed or are apparent at the time of sale.
(b) Clearance/Outlet Goods are sold on a no-refund, no-return basis for change of mind or for disclosed defects except as required by Australian Consumer Law for major failures.
10.7 Exclusion of Associated Costs. To the fullest extent permitted by law, the Company is not liable for labour, demolition, removal, reinstallation, access, transport, storage, delay or other associated costs relating to non-conforming Goods.
11.1 Warranty. The Company may (but is not obliged to) provide a written warranty (voluntary / express warranty) to the Customer in relation to certain Goods. If the Company does provide a warranty, the warranty is subject to the terms set out in this clause 11 and the warranty terms set out in the warranty document. (Warranty documents are available on the homepage footer of www.eco-outdoor.com).
11.2 Warranty Eligibility Conditions. Any warranty offered by the Company in relation to the Goods is subject to the terms contained in the warranty documents and applies only where the Customer demonstrates, to the Company’s satisfaction, that:
(a) the Goods were supplied by the Company to the Customer;
(b) the Goods were installed in a single private residential dwelling;
(c) the Goods remain in the original installation in which they were first installed;
(d) the Goods were installed by appropriately qualified tradespersons in accordance with accepted industry practice, applicable industry standards and any relevant building codes (including the National Construction Code (NCC) where applicable); and
(e) the Goods have been properly maintained in accordance with generally accepted maintenance practices and any guidance published by the Company.
11.3 Burden of Proof.
(a) In the event of any claim relating to the Goods under warranty, the Customer bears the responsibility of demonstrating compliance with these terms of trade and any applicable warranty requirements, including installation methods, substrate preparation, environmental conditions, installation materials and maintenance practices.
(b) The Company is not required to establish the cause of any alleged defect before determining whether a claim falls within the scope of any warranty or legal obligation.
11.4 Claim Information Requirements. To assess any claim under warranty, the Company may require the Customer to provide supporting information including:
(a) proof of purchase;
(b) installation details and installer information;
(c) substrate and site preparation details;
(d) product batch or order references;
(e) photographs of the Goods and surrounding installation;
(f) maintenance records; and
(g) any other information reasonably requested by the Company, including information requested through the Company’s Project Discovery Form or similar process.
If the information is not provided, the Company will be unable to assess the claim and the warranty terms will not be satisfied.
11.5 Environmental and Application Exclusions. Unless expressly agreed by the Company in writing prior to purchase, any warranty offered by the Company does not apply to installations located:
(a) within one (1) kilometre of a marine coastline; or
(b) in environments subject to significant salt exposure, hydrostatic pressure, freeze–thaw conditions, direct flame exposure, or other environmental conditions outside typical residential environments.
11.6 Assessment and Remedy. If the claim is accepted under any applicable warranty, the Company may at its option:
(a) repair the Goods;
(b) replace the Goods; or
(c) refund the Price of the Goods the subject of the claim.
The Company will use reasonable endeavours to supply replacement Goods consistent with the original Goods supplied, however exact visual, shade or batch matching cannot be guaranteed.
11.7 Exclusion of Associated Costs. To the fullest extent permitted by law, the Company is not liable for labour, demolition, removal, reinstallation, access, transport, storage, delay or other associated costs relating to the Goods or claim under warranty.
11.8 Warranty not transferable. The warranty provided under any warranty is for the benefit of the original purchaser only and may not be assigned or otherwise transferred to any other person, including any subsequent user of the Goods.
11.9 Subject to rights at law. The warranty provided under any warranty is in addition to any other rights that the Customer may have under the Australian Consumer Law and other applicable laws.
12.1 In this clause, “Intellectual Property Rights” means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
12.2 Where the Company has designed, drawn or developed Goods for the Customer, then any Intellectual Property Rights in any designs and drawings and documents shall remain the property of the Company.
12.3 The Customer warrants that all designs, specifications or instructions given to the Company will not cause the Company to infringe any patent, registered design or trademark in the execution of the Customer's order and the Customer agrees to indemnify the Company against any action taken by a third party against the Company in respect of any such infringement.
12.4 The Customer agrees that the Company may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings of Goods which the Company has created for the Customer.
13.1 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of trade, the Company may by giving written notice to the Customer suspend or terminate the supply of Goods to the Customer under these terms of trade. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
13.2 Without prejudice to the Company's other remedies at law, the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Company becomes overdue, or in the Company's opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
14.1 Company's Right to Cancellation. The Company may cancel any Sales Order or contract to which these terms of trade apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer.
14.2 Customer's Refund for Company's Cancellation. In the event of exercise of its right to cancel pursuant to section 14.1, the Company shall refund to the Customer any money paid by the Customer for the Goods under the cancelled Sales Order which the Customer did not receive (including any Deposit).
14.3 Company's Limitation of Liability. The Company shall not be liable for any costs or expenses of the Customer (including incidental or consequential loss or damages) whatsoever arising from the Company's cancellation of the Sales Order or contract or stopped delivery of Goods pursuant to section 14.1.
14.4 Customer's Right of Cancellation. The Customer may cancel a Sales Order for stocked Goods within 30 days of the date of the Sales Order:
(a) for a credit of the amount paid by the Customer for those Goods on account; or
(b) for a refund of the amount paid, less a restocking fee of 30% of the Price.
14.5 No right to Cancel. The Customer has no right to cancel any Sales Order once delivery or pick up of the Goods has been arranged. For Goods made to order, a Customer has no right to cancel any order after issue of the Sales Order.
14.6 Default. If the Customer seeks to cancel a Sales Order except as provided by this section 14, any Deposit paid by the Customer will be immediately forfeited.
15.1 The Customer agrees that personal information collected by the Company may be used, retained, and disclosed for the following purposes:
(a) the provision of Goods;
(b) marketing of Goods by the Company, its agents, or distributors;
(c) verifying and processing payments, direct debit facilities, or credit facilities requested by the Customer;
(d) managing the Customer's account, including collection of outstanding amounts; and
(e) responding to Customer requests or queries.
15.2 The Company may also disclose personal information to third parties who assist in conducting its business, such as payment processors, delivery companies, professional advisors, or government and regulatory bodies as required by law.
15.3 Further information on how the Company manages personal information, including access, correction, and complaints, is available at: https://www.eco-outdoor.com/en-au/privacy-policy
16.1 These terms of trade may only be amended with the Company's consent in writing. Any terms and conditions of purchase offered by the Customer are excluded, unless expressly agreed in writing by the Company.
16.2 The failure by the Company to enforce any provision of these terms of trade shall not be treated as a waiver of that provision, nor shall it affect the Company's right to subsequently enforce that provision. If any provision of these terms of trade shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.3 These terms of trade and any contract to which they apply shall be governed by the laws of the state of New South Wales, Australia, and are subject to the jurisdiction of the courts in that state.
16.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
16.5 The Customer agrees that the Company may amend these terms of trade at any time. Changes to these terms of trade will be effective from the date notified and will apply to all Sales Orders made after the effective date of the change. The Customer will be deemed to have accepted the changes to the terms of trade where the Customer places a subsequent order for Goods.
16.6 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 (Force Majeure Event). If a Force Majeure Event prevents or hinders the Company's provision of the Goods, the Company is free from any obligation to provide the Goods while those circumstances continue. The Company may elect to terminate these terms and conditions or keep them on foot until such circumstances have ceased. A Force Majeure Event does not terminate or suspend the Customer's obligation to pay for Goods in accordance with these terms and conditions.
16.7 The Customer warrants that it has the power to enter into this Agreement, has obtained all necessary authorisations to allow it to do so, is not insolvent and that this agreement creates binding and valid legal obligations on it.
17.1 The Customer agrees that the Company may at any time appoint or engage an agent or subcontractor to perform an obligation of the Company arising out of or pursuant to these terms of trade. The Company has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms of trade.
17.2 The Customer is not to assign, or purport to assign, any of its obligations or rights under these terms of trade without the prior written consent of the Company.
18.1 Under applicable State, Territory and Commonwealth law (including the CCA), certain guarantees (including the statutory consumer guarantees under the Australian Consumer Law) may be implied into these terms of trade which cannot be excluded, limited or modified (Non-Excluded Guarantees).
18.2 The Company acknowledges that nothing in these terms of trade purports to limit, modify or exclude the Non-Excluded Guarantees.
18.3 Except for the Non-Excluded Guarantees and as expressly set out in these terms of trade, all terms, conditions, warranties and representations that might otherwise be granted or implied by law are expressly excluded.
18.4 The Company does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law, including liability under the Australian Consumer Law. However, where such statutory provisions apply, to the extent to which the Company is entitled to do so, the Company’s liability will be limited at its option to:
(a) in the case of a supply of goods:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or acquiring equivalent goods;
(iii) the payment of the cost of having the goods repaired; or
(iv) the repair of the goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
18.5 If the Customer is not a consumer within the meaning of the Australian Consumer Law, the Company's liability for any defect in or damage to the Goods is:
(a) limited to any express warranty or warranty provided to the Customer by the Company in the Company's sole discretion;
(b) limited to any warranty to which the Company is entitled, if the Company did not manufacture the Goods; and
(c) otherwise negated absolutely.
18.6 To the fullest extent permitted by law and subject to the Australian Consumer Law and any express exceptions contained in these terms of trade, the Company will under no circumstances be liable in any way whatsoever to the Customer for any form of loss, damage or expense sustained or incurred by the Customer or any other party (including indirect or consequential losses, loss of goodwill, loss of business or anticipated savings, loss of profits or use, any rectification, demolition, removal or reinstallation costs or any third-party claims) in consequence of or resulting directly or indirectly out of the supply of the Goods by the Company, the use or performance thereof, any breach by the Company of this agreement, or the negligence of the Company.
18.7 Notwithstanding anything else in these terms of trade, to the extent permitted by law (including the Australian Consumer Law), the Company's total liability in connection with the supply of the Goods shall be limited to the Price of the Goods the subject of the claim.
19.1 The Customer hereby indemnifies the Company for any loss or damage suffered by the Company arising from or in connection with:
(a) any breach of these terms of trade, or negligence of, the Customer;
(b) any breach of law by the Customer;
(c) the Customer's installation of the Goods or their use or storage after Delivery to the Customer; or
(d) the death or injury to any person or damage to or loss of any property arising from the performance by the Customer of its obligations under these terms of trade.
20.1 In these terms of trade, unless expressly stated otherwise:
(a) the singular includes the plural and vice versa;
(b) a reference to a party to these terms of trade or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns and any person acting both on behalf of and with the authority of that party;
(c) if the date on which any act, matter or thing is to be done falls on a day which is not a business day in the place where the Services are principally being carried out or the Goods provided, that act, matter or thing:
(i) if it involves a payment other than a payment which is due on demand must be done on the preceding business day; and
(ii) in all other cases, must be done on the next business day;
(d) money amounts are stated in Australian currency; and
(e) the words “including”, “includes”, “for example” and similar expressions are not words of limitation.