1.1 “Seller” means Legend Caravans Pty Ltd trading as Legend Caravans including its successors, administrators, receivers and assigns.
1.2 “Client” means any person or entity, or any person acting on behalf of and with the authority of the person or entity, buying the Caravan 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 partnership, it shall bind each partner jointly and severally; and
(c) if the Client is acting on behalf of a trust, the client shall be bound in their capacity as a trustee and personally; and, includes the person or entities executors, administrators, receivers successors and permitted assigns, and where the context permits employees, contractors, agents, invitees and any person under their control..
1.3 “Caravan” means any Caravan(s) supplied by the Seller to the Client (and where the context so permits shall include any accessory goods and/or any supply of Services as hereinafter defined) and is as described on the invoices, quotation, or any other work authorisation forms as provided by the Seller to the Client.
1.4 Contract means this terms and conditions of trade as varied from time to time.
1.5 “Force Majeure Event” includes any one or more, or a combination, of the following:
(a) lightning, cyclone, earthquake, natural disaster, landslide, tsunami, or mudslide;
(b) civil riot or rebellion, revolution, terrorism, insurrection commotion and military usurped power, act of sabotage or act of a public enemy and war (declared or undeclared) or other like hostilities;
(c) ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination
(d) fire, flood at or transgressing onto the Site (or in the immediate vicinity of the Site which prevents, delays or disrupts access to the Site) or explosion caused by any of the events described in paragraphs (a) or (b);
(e) epidemics or pandemics to the extent that the Seller cannot, in compliance with Law, carry out or perform the Services; and
(f) an emergency declared as a disaster under the Emergency Management Act 1986 (Vic) or a public health emergency declared under the Public Health and Wellbeing Act 2008 (Vic)
1.6 “Force Majeure Notice” means a notice required to be given under Clause 15.
1.7 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.
1.8 “Site” means of 2 Florey Court, Somerton VIC 3062;
1.9 “Price” means the Price payable (plus any GST where applicable) for the Caravan as agreed between the Seller and the Client in accordance with clause 6 below.
1.10 Privacy Policy means the privacy policy set out on the Website;
1.11 Warranty means the warranty policy set out on our Website.
1.12 Website means the Legend Caravans website https://www.legendcaravans.com.au
2. Acceptance
2.1 The Client is taken to have accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for and/or accepts delivery of the Caravan. The Client acknowledges and agrees that it has received, read and understood this Contract prior making payment or ordering the Caravan.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 The Client acknowledges and agrees that this Contract may be amended by the Seller from time to time without notice;
2.4 The Client acknowledges that the supply of Caravan on credit shall not take effect until the Client has completed a credit application with the Seller and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Caravan request exceeds the Clients credit limit and/or the account exceeds the payment terms, the Seller reserves the right to refuse Delivery.
2.6 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Seller’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
2.7 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. On-line Ordering
3.1 The Customer acknowledges and agrees that:
(a) the Seller does not guarantee the website’s performance;
(b) display on the website does not guarantee the availability of any particular Caravan; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Seller
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d) there are inherent hazards in electronic distribution, and as such the Seller cannot warrant against delays or errors in transmitting data between the Customer and the Seller including orders, and you agree that to the maximum extent permitted by law, the Seller will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e) when making a transaction through the website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by the Seller and/or displayed on the website. The encryption process ensures that the Client’s information cannot be read by or altered by outside influences;
(f) if the Client is not the cardholder for any credit card being used to pay for the Caravan, the Seller shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
3.2 The Seller reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Seller’s business, or breached these terms and conditions.
4. Errors and Omissions
4.1 The Client acknowledges and accepts that the Seller 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 Seller 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 Seller in respect of the Services.
4.2 In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of the Seller; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
5. Change in Control
5.1 The Client shall give the Seller 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, or business practice). The Client shall be liable for any loss incurred by the Seller as a result of the Client’s failure to comply with this clause.
6. Price and Payment
6.1 At the Seller’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Seller to the Client;
(b) the Price as at the date of delivery of the Caravan according to the Seller’s current price list; or
(c) the Seller’s quoted price (subject to clause 6.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
6.2 The Seller reserves the right to change the Price if a variation to the Seller’s quotation is requested. Variations will be charged for on the basis of the Seller’s quotation, and will be detailed in writing, and shown as variations on the Seller’s invoice. The Client shall be required to respond to any variation submitted by the Seller within ten (10) working days. Failure to do so will entitle the Seller 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.
6.3 The Seller reserves the right to vary the Price if a variation to the Seller’s quotation is requested by the Client.
6.4 At the Seller’s sole discretion, a non-refundable deposit of up to ten percent (10%) may be required.
6.5 Time is of the essence in respect of all payment obligations.
6.6 The Price will be payable by the Client on the date/s determined by the Seller, will be the earlier of the following dates:
(a) thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
(b) the date specified on any invoice or other form as being the date for payment; or
(c) 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 Seller.
6.7 Payment may be made by cash, business cheques only, bank cheque, electronic/on-line banking, credit card (plus a surcharge may apply per transaction), or by any other method as agreed to between the Client and the Seller.
6.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Caravan. 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.
6.9 The Seller may increase the Price in its absolute discretion if a Force Majeure Event occurs and in such circumstances must notify the Buyer of the Price under the Force Majeure Event Notice.
7. Provision of the Services
7.1 Delivery of the Caravan is taken to occur at the time that the Seller, Seller’s carrier or the Client, Client’s nominated carrier (as the case may be) delivers the Caravans to the Client’s nominated address irrespective of whether or not the Client is present at the address at the time of Delivery (Delivery).
7.2 At the Seller’s sole discretion, the cost of Delivery is in addition to the Price unless otherwise agreed in writing.
7.3 The Client acknowledges and agrees that the time specified by the Seller for the supply and delivery of the Caravan is an estimated date by which the Seller will supply and deliver the Caravan and the Seller is not liable for any loss or damage incurred by the Client as a result of Delivery. Both parties agree that they shall use their reasonable endeavours to enable the Caravan to be delivered at the time and place as was arranged between both parties once the Caravan is ready to be delivered. In the event that the Seller is unable to supply the Caravan by the estimated delivery date as agreed solely for any action or inaction of the Client, then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage of the Caravan. The Client acknowledges and agrees that the estimated date of the supply and/or delivery of the caravan is indicative only and is not an essential term of this Contract. To the extent permissible under law, the Client hereby releases the Seller from any claim or liability arising from any delay associated with the delivery of the Caravan and the Client warrants that it has not relied upon the estimated date of supply and/or delivery of the Caravan as a representation, inducement or otherwise in entering into this Contract for the supply of the Caravan.
7.4 In the event the Seller is unable to supply the Caravan by reason of a Force Majeure Event as provided under Clause 15, then the Seller shall have a right to a reasonable extension of time to produce the Caravan, being no later than six (6) months as set out in clause 15. Where the Force Majeure Event is in the opinion of the Seller warranting an extension of greater than six (6) months or where it may not be reasonably capable for the Seller to provide the Caravan within the extended period, the Seller will have the right to cancel this Contract and refund the monies paid as a deposit (if any) and both parties are discharged from any further obligation or liability.
8. Risk
8.1 Risk of damage to or loss of the Caravan passes to the Client on Delivery and the Client must procure any necessary insurance including comprehensive insurance for the Caravan on or before Delivery.
8.2 If the Caravan(s) are damaged or destroyed following delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Caravan. The production of this Contract by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. The Client will use its best endeavours to assist in any such claim.
8.3 If the Client requests the Seller to leave Caravan outside the Seller’s premises for collection or to deliver the Caravan to an unattended location then such Caravan shall be left at the Client’s sole and absolute risk which passes on and from the Delivery. The Client releases the Seller from any and all liability and claims associated with the delivery of the Caravan under this clause 8.3 of the Contract.
8.4 The Seller shall not be liable for and the Client holds the Seller harmless against any loss of or damage to the Caravan, its accessories or contents or any other part thereof while garaged during the provision of the Services or being driven in connection with undertaking the work unless caused by or contributed to the negligence of the Seller
8.5 It is the Client’s responsibility to ensure that the Caravan is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored on the Site. The Caravan is at all times stored and repaired at the Client’s sole cost
8.6 Where the Client requests the re-use of existing materials or the supply of third-party materials (including, but not limited to, bench tops, appliances), no responsibility shall be taken by the Seller for the appearance, service or performance of the materials.
8.7 The Client acknowledges that the Seller is only responsible for parts that are replaced by the Seller and that in the event that other parts, subsequently fail, the Client agrees to indemnify the Seller against any loss or damage to the Caravan, or caused by the Caravan, or any part thereof howsoever arising.
8.8 Any advice, recommendation, information, assistance or service provided by the Seller in relation to Caravan or Services supplied is given in good faith, is based on the Seller’s own knowledge and experience and shall be accepted without liability on the part of the Seller and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Caravan or Services.
Specifications
8.9 The Client acknowledges that all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in the Seller’s or the manufacturer’s fact sheets, price lists or advertising material, are indicative and are not to be relied upon by the Client (Specification Representations) The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by the Seller To the extent permissible under the ACL, the Client warrants that is has not relied upon any Specification Representations in entering into this Contract and that it has made its own inquires prior to purchasing the Caravan and acknowledges and agrees that the Vendor may vary, amend, modify, improve or otherwise alter the specifications, drawings, weights and dimensions of the Caravan after entering into the Contract and the Vendor is
released from any claim and liability whatsoever or howsoever incurred as a result of any said variation, alteration, modification or improvement.
8.10 The Client shall be responsible for ensuring that the Caravan ordered is suitable for their intended use.
9. Title
9.1 The Seller and the Client agree that ownership of the Caravan shall not pass until the later of the following:
(a) the Client has paid the Seller all amounts owing to the Seller;
(b) the Client has met all of its other obligations to the Seller; and
(c) the date of Delivery.
9.2 Receipt by the Seller 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.
9.3 It is further agreed that:
(a)until ownership of the Caravan passes to the Client in accordance with clause 9.1 that the Client is only a bailee of the Caravan and must return the Caravan to the Seller on request.
(b)the Client holds the benefit of the Client’s insurance of the Caravan on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Caravan being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Caravan other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Caravan then the Client must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.
(d)the Client should not convert or process the Caravan or intermix them with other Caravan but if the Client does so then the Client holds the resulting product on trust for the benefit of the Seller and must sell, dispose of or return the resulting product to the Seller as it so directs.
(e)the Client irrevocably authorises the Seller to enter any premises where the Seller believes the Caravan are kept and recover possession of the Caravan.
(f) the Seller may recover possession of any Caravan in transit whether or not delivery has occurred.
(g)the Client shall not charge or grant an encumbrance over the Caravan nor grant nor otherwise give away any interest in the Caravan while they remain the property of the Seller.
(h)the Seller may commence proceedings to recover the Price of the Caravan sold notwithstanding that ownership of the Caravan has not passed to the Client.
10. Personal Property Securities Act 2009 (“PPSA”)
10.1
In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
10.2 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 Caravan and/or collateral (account) – being a monetary obligation of the Client to the Seller for Services – that have previously been supplied and that will be supplied in the future by the Seller to the Client
10.3 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 Seller may reasonably require to;
(i)register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii)register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Caravan(s) charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Seller;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Caravan and/or collateral (account) in favour of a third party without the prior written consent of the Seller;
(e) immediately advise the Seller of any material change in its business practices of selling the Caravan which would result in a change in the nature of proceeds derived from such sales.
10.4 The Seller 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.
10.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
10.7 Unless otherwise agreed to in writing by the Seller, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
10.8 The Client must unconditionally ratify any actions taken by the Seller under clauses 10.3 to 10.5.
10.9 Subject to any express provisions to the contrary (including those contained in this clause 10) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
11.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
11.1 In addition to the terms and conditions set out in our Warranty (if applicable), the Client must inspect the Caravan on Delivery and within seven (7) days of Delivery notify the Seller in writing of any evident defect or damage to the Caravan or any other incidental issues of quantity/quality. The Client must notify any other alleged defect in the Caravan as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Seller to inspect and assess the Caravan pursuant to the terms and conditions of the Warranty.
11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
11.3 The Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees and in the event they do, the provision is to be excluded such that the balance of the Contract remains enforceable.
11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Caravan. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
11.5 If the Client is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A of Schedule 2.
11.6 If the Seller is required to replace the Caravan under this clause or the CCA, but is unable to do so, the Seller may refund any money the Client has paid for the Caravan.
11.7 If the Client is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Caravan is:
(a) limited to the value of the Warranty provided to the Client by the Seller at the Seller’s sole discretion;
(b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Caravan (this includes any parts or instalments of the Caravan not manufactured by Legend Caravans);
(c) otherwise negated absolutely.
11.8 subject to this clause 11, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 11.1; and
(b) the Seller has agreed that the Caravan is defective; and
(c) the Caravan are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Caravan are returned in as close a condition to that in which they were delivered as is possible.
11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, the Seller 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 Caravan;
(b)the Client using the Caravan for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Caravan after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d)the Client failing to follow any instructions or guidelines provided by the Seller; and
(e)fair wear and tear, any accident, or act of God.
11.10 The Seller may in its absolute discretion accept nondefective Caravan for return in which case the Seller may require the Client to pay handling fees of up to ten percent (10%) of the value of the returned Caravan plus any freight costs.
12. Intellectual Property
12.1 Where the Seller has designed, drawn or developed Caravan for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Seller. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Seller.
12.2 The Client warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client hereby indemnifies the Seller against any action, claim taken by a third party and any costs incurred against the Seller in respect of any such infringement.
12.3 The Client acknowledges and agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Caravan which the Seller has created for the Client and must not object or interfere with any endeavour only to the extent that it amounts to breach of this Contract.
13. Default and Consequences of Default
13.1 Interest on overdue payments will accrue daily from the date on which payment was due and payable, until the date of payment, at a rate of two 2% higher than the Penalty Interest
Rate Act 1983 compounded monthly after as well as before any judgment.
13.2 If the Client owes the Seller any money the Client shall indemnify the Seller from and against all claims and costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller’s contract default fee, and bank dishonour fees where applicable).
13.3 Further to any other rights or remedies the Seller may have under this Contract, if a Client has made payment to the Seller, 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 Seller under this clause 12 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.
13.4 Without prejudice to the Seller’s other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Seller becomes overdue, or in the Seller’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 Seller;
(c) the Client 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
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
14. Cancellation
14.1 Without prejudice to any other remedies the Seller may have, if at any time the Client is in breach of any obligation (including those relating to payment) under this Contract, the Seller may suspend or terminate the supply of Caravan to the Client. The Seller will not be liable to the Client for any loss or damage the Client suffers as a result (direct or indirect) of the Seller having exercised their rights.
14.2 The Seller may cancel any contract to which this Contract applies or cancel delivery of Caravan at any time before the Caravan are delivered by giving written notice to the Client. Upon giving such notice, the Seller shall repay to the Client any money paid by the Client for the Caravan. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation under this clause.
14.3 In the event that the Client seeks to cancel the production of the Caravan, the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits) and the deposit will be forfeited.
14.4 Cancellation of orders for Caravan made to the Client’s specifications, or for non-stocklist items, is not accepted once production has commenced, or an order has been placed unless otherwise agreed in writing.
15. Force Majeure
15.1 Notice
(a) If the Seller is of the reasonable opinion that a Force Majeure Event has occurred or is likely to occur, it must promptly notify the Client in writing of its occurrence. The Seller must then give a written notice no later than five Business Days after it forms the opinion that the Force Majeure Event has occurred, which must include full particulars of all relevant matters including the details of the Force Majeure Event and the obligations affected.
15.2 Suspension of obligations and extensions of time
(a) Upon the occurrence of a Force Majeure Event, the obligations of each party under this Contract are affected by the Force Majeure Event will be suspended, but only to the extent that the Force Majeure Event prevents the relevant party from performing its obligations in a timely manner under this Contract
(b) Such failure of the Seller to perform its obligations includes delivery of the Caravan to the Client by the estimated date of Delivery. It is agreed that a Force Majeure Event grants the Seller a reasonable extension to the delivery and supply of the caravan. The Client and Seller hereby agree that the later of the following dates is a reasonable extension under this clause 15.2:
(i)six (6) months after the estimated delivery date; or
(ii) the date on which the Force Majeure Event no longer affects the Seller’s ability to perform under this Contract.
(c) Any such suspension ends immediately on the earlier of:
(i) the cessation of the Force Majeure Event or if later, the consequences of the Force Majeure Event ceasing to prevent the relevant part from performing its obligations in a timely manner under this Contract; and
(ii) the date in which those consequences should have ceased to prevent the relevant party from performing its obligations in a timely manner under this Contract;
(iii) the date on which the Seller notifies the Client that the Force Majeure Event has ended.
15.3 Force Majeure Event ceases
At the time when the suspension referred to in Clause 15.2 ends in accordance with Clause 15.3(b), the party affected by the Force Majeure Event must promptly notify the other party to that effect and the Seller must immediately recommence performance of all obligations the subject of the Force Majeure Notice.
15.4 Costs of Force Majeure Event
Unless otherwise expressly provided in this Contract each party must bear its own costs incurred as a result of the occurrence of a Force Majeure Event.
16. Privacy Policy
16.1 The Client has acknowledged and agreed that it has read and understood the Privacy Policy set out in the Website and its terms and conditions are deemed to be set out herein.
17. Compliance with Laws
17.1 The Client and the Seller shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
18. Dispute Resolution
18.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
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 email to the other party’s 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. General
20.1 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.
20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria in which the Seller has its principal place of business, and are subject to the jurisdiction of the courts in Victoria.
20.3 Subject to clause 11, the Seller 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 Seller of these terms and conditions (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Caravan).
20.4 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 Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
20.5 The Seller may sub-contract or assign all or any part of its rights and/or obligations under this Contract in its absolute discretion.
20.6 The Client cannot assign this Contract or any ancillary agreement or collateral contract without the written approval of the Seller.
20.7 The Seller may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client acknowledges and agrees that they have no authority to give any instruction to any of the Seller’s sub-contractors without the authority of the Seller.
20.8 The Client agrees that the Seller may amend their general terms and conditions for subsequent future contracts with the Client by disclosing and variations to 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 Seller to provide Caravan to the Client
20.9 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, however, subject to clause 15 above
20.10 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.