Terms & Conditions
Please take a moment to ready our Terms and Conditions below
CUSTOM VAN FITOUTS STANDARD TERMS & CONDITIONS
1. BACKGROUND AND ACCEPTANCE
1.1 These are the terms and conditions (“Terms”) under which we, VAN FITOUTS PTY LTD ACN 678 503 565 t/as Custom Van Fitouts (“CVF”, “we”, “us”, “our”), will provide goods and services to you.
1.2 By signing our Proposal (whether physically or electronically), submitting an order for our goods and services, or otherwise accepting our goods and services, you will be deemed to have read, understood and accepted these Terms which form a legally binding agreement between you and us.
1.3 These Terms (including all documents incorporated herein by reference), the Proposal, and any specific terms of a purchase order or other document that are either consistent with these Terms or expressly agreed upon by us in writing, constitute the entire contract between us relating to the provision of goods and services to you.
1.4 All our terms and policies, including our Privacy Policy, as published from time to time, are incorporated into these Terms.
1.5 In the event of a conflict, a Proposal issued by us takes precedence over these Terms, and a written contract covering the same subject matter signed by both of us takes precedence over both.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms:
Business Day means a day which is not a Saturday, Sunday or public holiday in Sydney, New South Wales.
Change in Control means a change in more than 50% of the shareholding or underlying control or the composition of the board of directors of a person.
Claim means a claim, action, demand, damage, loss, liability, cost, charge, expense (including legal costs on a full indemnity basis), outgoing, fine or payment.
Confidential Information in relation to you and us, respectively, means information of a confidential nature including information about its business, operations, strategy, formulas, inventions, know-how, technique, administration, technology, affairs, clients, customers, employees, contractors or suppliers, but does not include any information which is in the public domain other than through a breach of confidence.
Deliverables means all items specified as a deliverable in the Proposal and all items supplied by, or on behalf of, us in the course of, or relating to, the Services.
Delivery Date means any date and time for delivery of the Services as stated in the Proposal or as otherwise advised by us from time to time.
Goods means any goods or products we supply to you, whether manufactured by us or a third party, and shall include Deliverables.
GST means a goods and services tax, or a similar value added tax, levied or imposed under the GST Law.
GST Law has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Insolvency Event means the occurrence of any event of insolvency including a winding up application being made and not withdrawn within 21 days, a failure to comply with a statutory demand, the appointment of a provisional liquidator or administrator, the entering into of an arrangement with creditors, a voluntary winding up other than for the purpose of a bona fide corporate reconstruction, any inability to pay debts as and when they fall due, any admission of insolvency, any court order relating to any of the above or anything which occurs under the law of any jurisdiction which has a similar effect to any of the above.
Intellectual Property Rights means all present and future rights in relation to copyright, media, photographs, videos, fonts, trade marks, designs, formulas, know-how, strategy, patents, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms, and whether in Australia or otherwise.
Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.
Order means a purchase order for Services.
Personnel means a party’s officers, employees, agents, consultants, contractors and subcontractors.
Pre-Existing Materials means all Intellectual Property Rights, things, materials, documents, information and items developed by or on behalf of you or us, respectively, independently of these Terms.
Privacy Laws means the Privacy Act 1988 (Cth) including the Australian Privacy Principles set out in the Act and any code approved by the Privacy Commissioner under the Privacy Act 1988 (Cth) which binds us or you and any laws giving rise to an actionable right of privacy.
Proposal means our proposal(s), Order(s) and/or quote(s) issued to you with respect to the provision of Goods and Services by us under these Terms which are accepted by you.
Services means the Goods, activities and services described in the Proposal and provided or supplied by us and includes the Deliverables.
Tax Invoice has the meaning given in the GST Law.
Variation Notice has the meaning given in clause 9.1.
Variation Quotation has the meaning given in clause 9.2.
2.2 In these Terms, the following rules of interpretation apply unless the contrary intention appears:
- 2.2.1 headings are for convenience only and do not affect the interpretation of these Terms;
- 2.2.2 the singular includes the plural and vice versa;
- 2.2.3 words that are gender neutral or gender specific include each gender;
- 2.2.4 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
- 2.2.5 “includes” means without limitation;
- 2.2.6 a reference to:
(a) a person includes a natural person, partnership, joint venture, government agency, association, corporation or other body corporate;
(b) a party includes its successors and permitted assigns;
(c) a document includes all amendments or supplements to that document;
(d) a clause, term, party, schedule or attachment is a reference to a clause or term of, or party, schedule or attachment to, these Terms;
(e) these Terms include all schedules and attachments to it;
(f) an agreement other than these Terms include an undertaking, or legally enforceable arrangement or understanding, whether or not in writing; and
(g) a monetary amount is in Australian dollars; - 2.2.7 an agreement on the part of two or more persons binds them jointly and severally;
- 2.2.8 when the day on which something must be done is not a Business Day, that thing must be done on the following Business Day; and
- 2.2.9 no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of it.
3. PROVISION OF SERVICES
3.1 Non-Exclusive: Our engagement to provide the Services under these Terms is on a non-exclusive basis.
3.2 Times for performance: We will use all reasonable commercial efforts to complete the Services by the Delivery Date or at such times as may be agreed between you and us.
3.3 Delay: If we become aware that we will not be able to comply with a timeframe set out in the Proposal, we will notify you of the details of the possible delay, the cause of such delay and the period of any requested extension. In such circumstances, you will negotiate with us in good faith an extension to the timeframe in question.
3.4 Manner of performance: We will ensure that the Services are performed in a careful, diligent, proper and efficient manner.
3.5 Place of work: We will provide the Services from the locations specified in the Proposal, our own premises or other facilities as agreed from time to time. Our premises is currently located at 6 Bellambi Ln, Bellambi NSW 2518.
3.6 Equipment: Unless otherwise stated in a Proposal, we will provide, at our own expense, all equipment (including laptop computers and mobile phones) necessary to carry out the Services.
3.7 Assistance: You will make available to us all reasonable assistance and documentation required for us to provide the Services in accordance with these Terms.
3.8 Additional Services: We may from time to time agree for us to provide services in addition to the Services described in the Proposal (Additional Services). You shall pay us fees for the Additional Services in addition to the Fees calculated based on the rates notified by us from time to time.
3.9 Your Property: If we take possession of your property (e.g. vehicle) (your Property) for the purposes of providing the Services, we take no responsibility for any risk of loss, damage or destruction to your Property and you release and discharge us from any and all liability and Claims in the event that your Property is lost, damaged or destroyed whilst in our possession or in the possession of any of our employees, agents or contractors. Any insurance cover for loss, damage or destruction of your Property whilst in our possession, or the possession of our employees, agents or contractors, shall be your responsibility and at your discretion, and we shall have no obligation to insure your Property against loss, damage or destruction.
4. ORDERS AND DELIVERY
4.1 We require you to pay a non-refundable deposit upon placing your Order for Services (Non-Refundable Deposit). Payment of the Non-Refundable Deposit will secure a build slot for your Order.
4.2 Orders will be deemed to have been placed when we receive an email from you (or someone on your behalf) and the Non-Refundable Deposit has been received by us.
4.3 All Orders are subject to our acceptance (at our discretion) and availability of the Goods required to provide the Services. Any changes that you may propose to the specifications, quantities, method of shipment, schedule or place of delivery of Services must be provided to us in writing and may be accepted by us at our discretion. We may make changes to the specifications of our Goods and/or Services or that may affect the Goods form, fit, or function. Any new specifications will be provided to you upon request or in accordance with any applicable agreement.
4.4 Delivery of Goods is taken to occur at the time that you or the nominated carrier takes possession of the Goods at our address. At this point, title and risk to the Goods will pass to you and you will become responsible for risk of loss and damage. If any Goods are lost or damaged while it is being transported, we will try to help you address the problem with the carrier. We will not be responsible for any non-delivery or delay in delivery of the Goods to the extent that such an occurrence is beyond our control.
4.5 You should take out all appropriate insurance cover including transit insurance to protect against any such loss, damage or delay.
4.6 Where you elect to have Goods delivered to a nominated depot, the Goods must be collected within 14 days.
4.7 Where home delivery is chosen, you must meet the delivery requirements specified by us from time to time. If you fail to meet these requirements, the Goods will be re-delivered to the nearest depot.
4.8 Any Delivery Date or time specified by us is a guideline or estimate only and we will not be held liable for any loss or damage suffered as a result of any delay in delivery. You agree that you will still accept delivery of the Goods even if they are delivered on a different date and time. However, if Goods are not delivered within a reasonable time after the estimated date, please contact us.
4.9 All Orders will be delivered within usual business hours and cannot be delivered to a P.O. box address.
4.10 Please ensure your delivery address is accurate, as we do not accept any liability for non-delivery or delayed parcels due to incorrect details and you may incur a re-delivery fee.
5. WARRANTY
5.1 All sales of Goods are final, except where:
5.1.1 the Goods are faulty;
5.1.2 incorrect Goods were dispatched from us; or
5.1.3 otherwise required under Australian Consumer Law.
5.2 We do not offer refunds or exchanges if you change your mind or if you purchase the wrong model/size of Goods (except as required under Australian Consumer Law).
5.3 Please contact us if you have a return enquiry, with details of your return and proof of purchase. If a return is required or accepted by us, we will issue a Return Authorisation and shipping instructions (Return Authorisation). Please ensure that you have received a Return Authorisation as we will not be responsible for any lost and/or unauthorised returns.
5.4 Some of our Goods may come with guarantees that cannot be excluded under the Australian Consumer Law.
5.5 We warrant to you that the Goods manufactured by us will conform to their technical specifications as set out in our Proposal for twelve (12) months from the date of your receipt of the Goods. This warranty does not include the expansion and contraction of natural products and materials such as timbers due to temperature fluctuations inside the vehicle or repairs as a result of accident, weather damage or negligent use by you.
5.6 We will provide a 12-month replacement guarantee for parts comprised within the Goods manufactured by us with general wear and tear excluded.
5.7 If a return of Goods is required or accepted by us, shipping will be at your expense, or the Goods can be delivered personally to the workshop free of charge.
5.8 Our warranty is exclusive, and we make no other representations or warranties of any kind whatsoever, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, of non-infringement, or regarding results obtained through the use of any Goods, whether arising from a statute or otherwise in law or from a course of performance, dealing or usage of trade, all of which are expressly disclaimed. For the avoidance of doubt, we do not exclude or limit the application of any provision of any statute where to do so would contravene that statute or cause any part of this clause to be void.
5.9 To the extent permitted by law, our warranty will not be effective and will be void if we determine (acting reasonably) that you have altered or misused the Goods or have failed to use or store them in accordance with our instructions, or if the defects to the Goods result from neglect or accident caused by you.
5.10 We do not support or make any warranties about any Goods manufactured by third parties (including lights, appliances, etc.) or services provided by third parties. Such items and service are subject to the warranties, if any, of the respective third parties to the extent they are transferable or otherwise available to our customers. It is your responsibility to deal directly with relevant third-party manufacturers or service providers for warranties and to make warranty claims. We will provide you with reasonable assistance where third-party manufactured Goods are faulty and will guide you to the third-party’s services.
5.11 You expressly acknowledge and agree that you have not relied upon any advice given by us or our affiliates or any of our agents or employees in relation to the suitability for any purpose of Goods supplied to you by us.
5.12 You release and discharge us from all liability to you arising from any negligent acts or omissions caused by us, our affiliates, employees, agents, and contractors and all liability to you in contract for consequential or indirect loss or damages, arising out of or in connection with this Agreement.
5.13 Subject to the above, in all other respects our liability in respect to all Goods and Services sold or provided by us or our affiliates is excluded to the full extent permitted by law.
6. PERSONNEL
6.1 Our Personnel are employees or contractors of CVF and are not your employees or contractors.
6.2 We reserve the right to substitute new Personnel where any assigned Personnel become unavailable (for whatever reason) or additional Personnel are required to complete the Services.
7. INVOICING AND PAYMENT TERMS
7.1 We will invoice you for the Goods and Services in accordance with the payment terms stated in the Proposal, or otherwise from time to time as we see fit.
7.2 Subject to clause 8, unless otherwise specified in the Proposal or on the relevant invoice, you will pay any invoice issued by us within 14 days from the date of that invoice.
7.3 If you are late in making payment, without affecting our other rights, we may suspend delivery or cancel the provision of Goods and Services and charge you:
7.3.1 with respect to each outstanding invoice, a late-payment administration fee of $200 plus GST;
7.3.2 interest on the amounts owing from the due date until the date paid, at the rate of 12% per annum or, if less, the maximum amount allowed by law.
7.4 If we take possession of your property (e.g., vehicle) (your Property) in the course of providing the Services, you authorise us to withhold releasing possession of your Property to you until such time as all amounts owing by you to us have been paid in full.
8. DISPUTED INVOICES
8.1 We may elect at our absolute discretion to withhold performing or supplying any further Services in the event of a disputed invoice until such time as the disputed invoice is resolved.
8.2 You must:
8.2.1 pay any non-disputed amounts in accordance with this clause 8; and
8.2.2 promptly pay any disputed amounts that are subsequently found to be correctly payable.
9. VARIATIONS
9.1 You may by written notice to us request us to vary the scope of the Services to be supplied under these Terms, but only to the extent of a request to perform or supply additional Services or increase the frequency and/or duration of performance of all or any part of the Services (Variation Notice).
9.2 Within 10 Business Days of receiving a Variation Notice, we will provide to you a written quotation (Variation Quotation) which details:
9.2.1 the variation as requested by the Variation Notice;
9.2.2 a variation to the price payable for the Services and payment terms; and
9.2.3 all relevant specifications, time frames, and operational requirements relating to the varied Services additional to but not inconsistent with those in the Variation Notice.
9.3 You may by written notice to us:
9.3.1 accept the Variation Quotation within 5 Business Days of it being sent; or
9.3.2 reject the Variation Quotation within 5 Business Days of it being sent if that Variation Quotation has not already been accepted.
9.4 If you fail to accept or reject the Variation Quotation within 5 Business Days of it being sent by us, the Variation Quotation will be deemed to be accepted by you.
9.5 For the avoidance of doubt, you may request to vary the Services so as to:
9.5.1 omit any part of the Services; or
9.5.2 decrease the frequency and/or duration of performance of all or any part of the Services,
however, we may accept or reject such a request at any time at our absolute discretion and clauses 9.1 to 9.4 will not apply to such a request. A failure by us to respond to such a request under this clause 9.5 within 10 Business Days of the request being made will be deemed a rejection of such a request.
10. GST
10.1 In this clause 10 terms used in this clause which are not defined in these Terms, but which are defined in the GST Law, have the meanings given in the GST Law.
10.2 Unless otherwise stated in these Terms, amounts payable, and consideration to be provided, under any provision of these Terms exclude GST.
10.3 If GST is payable on a supply made in connection with these Terms, the recipient must pay the person making the supply (Supplier) an amount equal to the GST payable on that supply at the time the recipient pays or provides any part of the consideration for the supply. The Supplier must provide a Tax Invoice to the recipient.
10.4 If an adjustment event arises in connection with a supply made in connection with these Terms:
10.4.1 the Supplier must recalculate the GST payable to reflect the adjustment event;
10.4.2 the Supplier must give the recipient an adjustment note as soon as reasonably practicable after the Supplier becomes aware of the adjustment event; and
10.4.3 the adjustment amount must be paid without delay either by the recipient to the Supplier or by the Supplier to the recipient as the case requires.
10.5 Where a party (first party) must pay to another party (other party) an outgoing of the other party, the amount payable is the sum of:
10.5.1 the amount of the outgoing less any input tax credit in respect of it to which the other party, or its GST group representative member, is entitled; and
10.5.2 if the amount payable is subject to GST, an amount equal to that GST.
10.6 The provisions of this clause 10 do not merge on Completion.
11. INTELLECTUAL PROPERTY
11.1 No change in ownership of the Intellectual Property Rights or Pre-Existing Materials of a party occurs as a consequence of these Terms or the provision of Services to you.
11.2 You acknowledge and agree that:
11.2.1 we own, and shall at all times retain, all right, title and interest in the Intellectual Property Rights comprising the Services (excluding third-party Goods), including without limitation photographs, trademarks, logos and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such provided during the delivery of the Services, and all information contained therein; and
11.2.2 you have no right, title or interest in any of our Intellectual Property Rights or the Intellectual Property Rights of any third-party comprising the Services, except to use such Intellectual Property Rights for the sole purpose of benefiting from the Services provided in accordance with these Terms.
11.3 All third-party products, licences and subscriptions provided through the delivery of the Services are held by us (unless otherwise notified or stated in the Proposal). You shall not reuse or distribute the benefit of such products, licences and subscriptions.
11.4 Unless you give us written notice to the contrary, you hereby authorise and consent to us displaying your trading name and/or trademarks and logo on our marketing materials, website, and social media platforms for the purposes of marketing our business.
12. CONFIDENTIALITY
12.1 You must keep confidential, and not disclose, any of our Confidential Information except:
12.1.1 as permitted under these Terms;
12.1.2 with our prior written consent;
12.1.3 to your officers, professional advisers, auditors, employees, contractors, sub-contractors, and insurers, but only in the event those persons are subject to equivalent obligations of confidentiality with respect to such disclosed Confidential Information; or
12.1.4 where you are compelled to do so by Law, provided that you give us written notice prior to disclosure.
12.2 You must only use our Confidential Information for the purpose for which it was disclosed in connection with these Terms.
12.3 You must:
12.3.1 maintain effective security measures to protect all Confidential Information in your possession or control from unauthorised access, use, copying or disclosure;
12.3.2 notify us immediately in writing if you become aware of any anticipated, suspected or actual breach of this clause 12 and take all reasonable steps required to prevent or stop that breach, at your expense; and
12.3.3 reasonably assist us in connection with any action or investigation by us regarding any anticipated, suspected or actual unauthorised disclosure or misuse of the Confidential Information by you.
12.4 Upon request from us, you must procure that your Personnel that are in direct or indirect connection with the performance of these Terms to execute a confidentiality undertaking, agreement or deed in the form acceptable to us.
13. PRIVACY
13.1 You must, and must ensure that your Personnel, comply with all Privacy Laws and not do or omit to do anything that you know, or have reasonable grounds to suspect or believe, would cause us or our Personnel to breach any Privacy Law.
13.2 If and to the extent that you become aware of a breach of the Privacy Law by you or us in connection with the performance of the Terms, you will promptly and without undue delay notify us of such breach and its reasons for believing such breach has occurred.
14. INDEMNITY
14.1 You indemnify us and our officers, employees and agents (Indemnified Parties) from and against any Claim which any of the Indemnified Parties pays, suffers, incurs or is liable for arising out of or in connection with:
14.1.1 any breach of these Terms by you;
14.1.2 loss of, or damage to, any property to the extent caused or contributed to by any act or omission of you or your Personnel;
14.1.3 death or injury of any person to the extent caused or contributed to by any act or omission of you or your Personnel;
14.1.4 any breach of Law by you or your Personnel;
14.1.5 any infringement, or alleged infringement, of a third party’s rights (including Intellectual Property Rights); and
14.1.6 any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by you or your Personnel.
15. DISPUTE RESOLUTION
15.1 Neither you nor we will commence court proceedings or action against the other under or in connection with these Terms (Dispute) (other than where urgent interlocutory relief is required) unless you or we have first attempted to resolve the Dispute in accordance with this clause 15.
15.2 You and we will attempt to resolve any Dispute as follows:
15.2.1 either you or we may notify the other in writing of the occurrence of a Dispute and you and we must meet within 5 Business Days or such other time as agreed to discuss and attempt to resolve the Dispute;
15.2.2 failing resolution of the Dispute within 10 Business Days after the first meeting between you and us in accordance with 15.2.1, you and we may agree to refer the Dispute for mediation to be conducted in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines and with a mediator as agreed by you and us or, failing agreement, as appointed by the CEO of the ACDC. If you and we do not agree to do so, either party may commence legal proceedings.
15.3 We may at our absolute discretion elect to withhold performing any further Services in the event of a Dispute. Nothing in this clause 15 will prevent you from complying with your obligation to pay any outstanding invoiced Fees for the Services.
16. TERMINATION
16.1 We may terminate these Terms without cause by giving you at least 30 days prior written notice.
16.2 We may terminate these Terms immediately upon written notice to you, if:
16.2.1 you breach any obligation under these Terms which are capable of remedy, and do not remedy that breach within 10 Business Days of receipt of a notice from us specifying the breach and requiring it to be remedied;
16.2.2 you commit a breach of these Terms which are incapable of remedy;
16.2.3 you do anything that materially damages or is likely to materially damage our brand or reputation;
16.2.4 you or any of your Personnel commit any act of fraud or dishonesty in relation to these Terms; or
16.2.5 an Insolvency Event occurs in relation to you.
16.3 You may terminate these Terms immediately upon written notice to us if:
16.3.1 we commit a material breach of an obligation of these Terms and do not remedy that breach within 10 Business Days of receipt of a notice from you specifying the breach and requiring the breach to be remedied; or
16.3.2 an Insolvency Event occurs in relation to us.
17. CONSEQUENCES OF TERMINATION
17.1 As soon as practicable after expiry or termination of these Terms, both you and we must:
17.1.1 return to the other all equipment, records, documents and materials provided by you or us (respectively) for the purposes of these Terms; and
17.1.2 return to the other all copies of all Confidential Information in your or our possession or control.
17.2 If these Terms are terminated by either you or us under clause 16, you must on such date of termination pay to us all outstanding Fees due and payable as at the date of termination.
17.3 Clauses 7, 10, 11, 12, 13, 14, 15, 17, 20, and 21 continue after termination or expiry of these Terms.
18. SUBCONTRACTING
18.1 We may subcontract any of our rights or obligations under these Terms without giving notice to you.
19. NOTICES
19.1 Any notice given in connection with these Terms must be in writing and must be addressed to you or us (respectively) and either:
19.1.1 hand delivered to, or sent by post to, the party's address as described in the Proposal, the registered office, principal place of business, or any other address the party notifies for the service of notices; or
19.1.2 sent by email to the email address of each respective contact as described in the Proposal or any email address the party notifies for the service of notices.
19.2 A notice is taken to have been given:
19.2.1 in the case of being hand delivered, on the date on which it is delivered;
19.2.2 in the case of being sent by post, on the third (seventh if sent to an address in another country) day after the date of posting; and
19.2.3 in the case of delivery by email, at the time sent unless the sender is notified, by a system or person involved in the delivery of the email, that the email was not successfully sent.
20. DISCLAIMER OF WARRANTY
20.1 We provide the Services on an “as is” basis. We do not make any representation or warranty as to the accuracy, completeness, currency or reliability of the Services or the Deliverables. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
21. GENERAL
21.1 Assignment
21.1.1 You may not assign or novate any of your rights or obligations under these Terms without our prior written consent.
21.1.2 To avoid doubt, a Change in Control with respect to you without our prior written consent will amount to an assignment of your rights in breach of this clause 21.1.
21.2 Relationship
Nothing in these Terms give rise to any relationship of agency, partnership, employment or otherwise between you and us.
21.3 Entire Agreement
These Terms and the Proposal constitute the entire agreement between you and us in connection with their respective subject matter and supersede all previous agreements or understandings between you and us in connection with the relevant subject matter.
21.4 Further Assurance
Each of you and us must promptly do whatever the other reasonably requires of it to give effect to these Terms and to perform its obligations under these Terms.
21.5 Inconsistency
In the event of any inconsistency between:
21.5.1 the Proposal;
21.5.2 these Terms;
21.5.3 any attachments,
the document listed first in this clause 21.5 will prevail to the extent of the inconsistency.
21.6 Waiver
No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.
21.7 Variation
No variation of these Terms is effective unless made in writing and signed by each of you and us.
21.8 Governing Law
These Terms are governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.
21.9 Counterparts
This document may consist of a number of counterparts and, if so, the counterparts taken together constitute one document. These Terms may be signed and/or accepted electronically.