Commercial Service Call and Maintenance Request Form

TERMS & CONDITIONS

1. DEFINITIONS

1.1 “Perth Air & Power Solutions” means the Perth Air & Power Solutions entity so named in the Quotation or Works Contract including its duly appointed representatives nominated from time to time.

1.2“Customer” means the person/s buying the Goods as specified in any invoice, document, or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3“Goods” means all Goods or Services supplied by Perth Air & Power Solutions to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4“Price” means the Price payable for the Goods as agreed between Perth Air & Power Solutions and the Customer in accordance with clause 5 below.

2. ACCEPTANCE

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with Perth Air & Power Solutions consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Perth Air & Power Solutions.

2.3 None of Perth Air & Power Solutions agents or representatives are authorised to make any representations, statements, conditions, or agreements not expressed by the director of Perth Air & Power Solutions in writing nor is Perth Air & Power Solutions bound by any such unauthorised statements.

3. ELECTRONIC TRANSACTIONS ACT 2000 NO 8

3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 No 8, or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. CHANGE IN CONTROL

4.1 The Customer shall give Perth Air & Power Solutions not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Perth Air & Power Solutions as a result of the Customer’s failure to comply with this clause.

5. PRICE AND PAYMENT POLICY

5.1 At Perth Air & Power Solutions sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Perth Air & Power Solutions to the Customer; or

(b) Perth Air & Power Solutions quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 Perth Air & Power Solutions reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied is requested; or

(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, hard rock or other obscured barriers below the surface, iron reinforcing rods in concrete, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations including the discovery of asbestos, prerequisite work by a third party not being completed, etc.) which are only discovered on commencement of the Services; or

(d) in the event of increases to Perth Air & Power Solutions in the cost of labour or materials which are beyond Perth Air & Power Solutions control.
5.3 At Perth Air & Power Solutions sole discretion a non-refundable deposit may be required upon a contract being signed.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Perth Air & Power Solutions, which may be:
(a) on the provision of Goods and Services, COD;

(b) before delivery of the Goods;

(c) by way of instalments/progress payments in accordance with Perth Air & Power Solutions payment schedule;

(d) seven (7) days following the end of the month in which an invoice is provided to the Customer’s address, address for notices or email address;

(e) the date specified on any invoice or other form as being the date for payment; or

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Perth Air & Power Solutions.
5.5 Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Customer and Perth Air & Power Solutions.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Perth Air & Power Solutions an amount equal to any GST Perth Air & Power Solutions must pay for any supply by Perth Air & Power Solutions under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer 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.
5.7 Payment schedule for quoted projects over $10,000 unless stipulated otherwise-

1. 5% non-refundable deposit immediately payable upon signing the contract.
2. Thereafter followed by draws on the 14th and last business day of the month, up to the value of the quoted works.
3. Variations to contract will be signed off and agreed to before work proceeds on the project.
4. Invoices to be paid within 7 days of issue, unless stipulated and signed off otherwise. .8

6.DELIVERY

6.1 Subject to clause 6.2 it is Perth Air & Power Solutions responsibility to ensure that the Services start as soon as it is reasonably possible.
6.2 The Services’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Perth Air & Power Solutions claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Perth Air & Power Solutions control, including but not limited to any failure by the Customer to:
(a) make a selection; or

(b) have the site ready for the Services; or

(c) notify Perth Air & Power Solutions that the site is ready; or

(d) inclement weather; or

(e) any other event causing a delay that is out of the control of Perth Air & Power Solutions or caused by an act or omission of the Customer or its agent.
6.3 At Perth Air & Power Solutions sole discretion the cost of delivery is included in the Price.
6.4 Perth Air & Power Solutions may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.5 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
(a) such discrepancy in quantity shall not exceed ten percent (10%); and

(b) the Price shall be adjusted pro rata to the discrepancy.

6.6 Any time or date given by Perth Air & Power Solutions to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and Perth Air & Power Solutions will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

7. RISK

7.1 If Perth Air & Power Solutions retains ownership of the Goods under clause 14 then:
(a) where Perth Air & Power Solutions is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that the Goods are delivered by Perth Air & Power Solutions or Perth Air & Power Solutions nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).

(b) where Perth Air & Power Solutions is to both supply and install Goods then Perth Air & Power Solutions shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Customer.
7.2 Notwithstanding the provisions of clause 7.1 if the Customer specifically requests Perth Air & Power Solutions to leave Goods outside Perth Air & Power Solutions premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer’s expense.
7.3 Perth Air & Power Solutions shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Perth Air & Power Solutions accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.4 The Customer acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where Perth Air & Power Solutions is requested to merely clear such blockages, Perth Air & Power Solutions can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, Perth Air & Power Solutions will immediately advise the Customer of the same and shall provide the Customer with an estimate for the full repair of the damaged pipe work.
7.5 The Customer acknowledges and agree that where Perth Air & Power Solutions has performed temporary repairs that:
(a) Perth Air & Power Solutions offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and

(b) Perth Air & Power Solutions will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.
7.6 The Customer acknowledges that Perth Air & Power Solutions is only responsible for parts that are replaced by Perth Air & Power Solutions and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Perth Air & Power Solutions against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
7.7 Where the Customer has supplied goods for Perth Air & Power Solutions to complete the Services, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the goods. Perth Air & Power Solutions shall not be responsible for any defects in the goods, any loss or damage to the Goods (or any part thereof), howsoever arising from the use of goods supplied by the Customer.
7.8 The Customer warrants that any structures to which the Goods are to be affixed are able to withstand the installation of the Goods. If for any reason (including the discovery of asbestos) that Perth Air & Power Solutions, or employees of Perth Air & Power Solutions , reasonably form the opinion that the Customer’s site is not safe for the installation of Goods to proceed then Perth Air & Power Solutions shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 6.2 above) until Perth Air & Power Solutions is satisfied that it is safe for the installation to proceed. Perth Air & Power Solutions may at its sole discretion agree to bring the site up to a standard suitable for installation to proceed but all such works undertaken and any additional Goods supplied shall be treated as a variation and be charged for in addition to the Price.

8. ACCESS

8.1 The Customer shall ensure that Perth Air & Power Solutions has clear and free access to the work site at all times to enable them to undertake the Services. Perth Air & Power Solutions shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Perth Air & Power Solutions.

9. UNDERGROUND LOCATIONS

9.1 Prior to Perth Air & Power Solutions commencing any work the Customer must advise Perth Air & Power Solutions of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
9.2 Whilst Perth Air & Power Solutions will take all care to avoid damage to any underground services the Customer agrees to indemnify Perth Air & Power Solutions in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 12.1.

10. SURPLUS GOODS

10.1 Unless otherwise stated elsewhere in this contract:
(a) demolished Goods remain the Customer’s property; and

(b) Goods which Perth Air & Power Solutions brings to the site which are surplus remain the property of Perth Air & Power Solutions.

11. TITLE

11.1 Perth Air & Power Solutions and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Perth Air & Power Solutions all amounts owing to Perth Air & Power Solutions; and

(b) the Customer has met all of its other obligations to Perth Air & Power Solutions.
11.2 Receipt by Perth Air & Power Solutions 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.
11.3 It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 14.1 that the Customer is only a bailee of the Goods and must return the Goods to Perth Air & Power Solutions on request.

(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Perth Air & Power Solutions and must pay to Perth Air & Power Solutions the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Perth Air & Power Solutions and must pay or deliver the proceeds to Perth Air & Power Solutions on demand.

(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Perth Air & Power Solutions and must sell, dispose of or return the resulting product to Perth Air & Power Solutions as it so directs.

(e) the Customer irrevocably authorises Perth Air & Power Solutions to enter any premises where Perth Air & Power Solutions believes the Goods are kept and recover possession of the Goods.

(f) Perth Air & Power Solutions may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Perth Air & Power Solutions.

(h) Perth Air & Power Solutions may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

12. CUSTOMER ACKNOWLEDGMENTS

12.1 The Customer acknowledges that the Goods or Services are bought solely upon the Customer’s skill and judgement.
12.2 If Perth Air & Power Solutions notifies the Customer that it intends to store onsite Goods, plant, equipment or tools to be used in performance of the Services, then the Customer shall designate an area for storage and shall take all reasonable precautions to protect such items against destruction, damage, or theft. In the event that such items are destroyed, damaged or stolen then the cost of replacement shall be added to the contract Price and will be shown as a variation as per clause 5.2.
12.3 All quotations for Services in respect of other tradesmen will be treated strictly between the tradesmen and the Customer. The Customer agrees to indemnify Perth Air & Power Solutions from any damage caused by any other tradesmen during and after the completion of the Services.

13. COMPLIANCE WITH LAWS

13.1 Both the Customer and Perth Air & Power Solutions agree that they will at all times ensure that they comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works, including work health and safety (WHS) laws relating to building/construction sites, and any other relevant safety standards or legislation, particularly those in relation to Asbestos/Hazardous Materials and the safe removal and disposal of the same.
13.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals (including local Government approvals) that may be required for the Services, unless otherwise agreed. In the event that Perth Air & Power Solutions is instructed to arrange said licences and/or permits on behalf of the Customer, then all associated such charges will be invoiced in accordance with clause 5.2.

14. DEFECTS, WARRANTIES AND RETURNS, COMPETITION AND CONSUMER ACT 2010 (CCA)

14.1 The Customer must inspect the Goods immediately on delivery or completion of services and must within twenty-four (24) hours of delivery notify Perth Air & Power Solutions in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Perth Air & Power Solutions to inspect the Goods.
14.2 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).
14.3 Perth Air & Power Solutions acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Perth Air & Power Solutions makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Perth Air & Power Solutions liability in respect of these warranties is limited to the fullest extent permitted by law.
14.5 If the Customer is a consumer within the meaning of the CCA, Perth Air & Power Solutions liability is limited to the extent permitted by section 64A of Schedule 2.
14.6 If Perth Air & Power Solutions is required to replace the Goods under this clause or the CCA, but is unable to do so, Perth Air & Power Solutions may refund any money the Customer has paid for the Goods.
14.7 If the Customer is not a consumer within the meaning of the CCA, Perth Air & Power Solutions liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by Perth Air & Power Solutions at Perth Air & Power Solutions sole discretion;

(b) limited to any warranty to which Perth Air & Power Solutions is entitled, if Perth Air & Power Solutions did not manufacture the Goods;

(c) otherwise negated absolutely.
14.8 Subject to this clause 15, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 15.1; and

(b) Perth Air & Power Solutions has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
14.9 Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, Perth Air & Power Solutions 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 Customer failing to properly maintain or store any Goods;

(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 Perth Air & Power Solutions;

(e) fair wear and tear, any accident, or act of God.
14.10 Perth Air & Power Solutions may in its absolute discretion accept non-defective Goods for return in which case Perth Air & Power Solutions may require the Customer to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.
14.11 Notwithstanding anything contained in this clause if Perth Air & Power Solutions is required by a law to accept a return then Perth Air & Power Solutions will only accept a return on the conditions imposed by that law.

15. INTELLECTUAL PROPERTY

15.1 Where Perth Air & Power Solutions has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Perth Air & Power Solutions.
15.2 The Customer warrants that all designs, specifications or instructions given to Perth Air & Power Solutions will not cause Perth Air & Power Solutions to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Perth Air & Power Solutions against any action taken by a third party against Perth Air & Power Solutions in respect of any such infringement.
15.3 The Customer agrees that Perth Air & Power Solutions may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Perth Air & Power Solutions has created for the Customer.

16. DEFAULT AND CONSEQUENCES OF DEFAULT

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Perth Air & Power Solutions sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Customer owes Perth Air & Power Solutions any money the Customer shall indemnify Perth Air & Power Solutions from and against all costs and disbursements incurred by Perth Air & Power Solutions in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, Perth Air & Power Solutions contract default fee, and bank dishonour fees).
16.3 Without prejudice to any other remedies Perth Air & Power Solutions may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Perth Air & Power Solutions may suspend or terminate the supply of Goods to the Customer. Perth Air & Power Solutions will not be liable to the Customer for any loss or damage the Customer suffers because Perth Air & Power Solutions has exercised its rights under this clause.
16.4 Without prejudice to Perth Air & Power Solutions other remedies at law Perth Air & Power Solutions shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Perth Air & Power Solutions shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Perth Air & Power Solutions becomes overdue, or in Perth Air & Power Solutions 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.

17. CANCELLATION

17.1 Perth Air & Power Solutions may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Perth Air & Power Solutions shall repay to the Customer any money paid by the Customer for the Goods. Perth Air & Power Solutions shall not be liable for any loss or damage whatsoever arising from such cancellation.
17.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Perth Air & Power Solutions as a direct result of the cancellation (including, but not limited to, any loss of profits).
17.3 Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

18. PRIVACY POLICY

18.1 Perth Air & Power Solutions respects your right to privacy and is committed to safeguarding the privacy of our customers and Website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
18.2 “Personal information” is information we hold which is identifiable as being about you.
18.3 Perth Air & Power Solutions will, from time to time receive and store personal information you provide while interacting with us. It will never be made available or passed on to third parties and is used purely to provide updates and process your product or service order.
18.4 The Customer agrees for Perth Air & Power Solutions to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Perth Air & Power Solutions .
18.5 The Customer agrees that Perth Air & Power Solutions may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or

(b) to notify other credit providers of a default by the Customer; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
18.6 The Customer consents to Perth Air & Power Solutions being given a consumer credit report to collect overdue payment on commercial credit.
18.7 The Customer agrees that personal credit information provided may be used and retained by Perth Air & Power Solutions for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or

(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or

(d) enabling the collection of amounts outstanding in relation to the Goods.
18.8 Perth Air & Power Solutions may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.

18.9 The information given to the CRB may include:

(a) personal information as outlined in 18.1 above;

(b) name of the credit provider and that Perth Air & Power Solutions is a current credit provider to the Customer;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts, and Perth Air & Power Solutions has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of Perth Air & Power Solutions, the Customer has committed a serious credit infringement;

(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
18.10 The Customer shall have the right to request (by e-mail) from Perth Air & Power Solutions:
(a) a copy of the information about the Customer retained by Perth Air & Power Solutions and the right to request that Perth Air & Power Solutions correct any incorrect information; and

(b) that Perth Air & Power Solutions does not disclose any personal information about the Customer for the purpose of direct marketing.
18.11 Perth Air & Power Solutions will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

19. DISPUTE RESOLUTION POLICY

19.1 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.

20.BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENTS ACT 1999

20.1 At Perth Air & Power Solutions sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
20.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.

21. GENERAL

21.1 The failure by Perth Air & Power Solutions to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Perth Air & Power Solutions right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, and are subject to the jurisdiction of the courts of Sydney in New South Wales.
21.3 Subject to clause 15, Perth Air & Power Solutions shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Perth Air & Power Solutions of these terms and conditions (alternatively Perth Air & Power Solutions liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
21.4 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 Perth Air & Power Solutions nor to withhold payment of any invoice because part of that invoice is in dispute.
21.5 Perth Air & Power Solutions may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
21.6 The Customer agrees that Perth Air & Power Solutions may amend these terms and conditions at any time. If Perth Air & Power Solutions makes a change to these terms and conditions, then that change will take effect from the date on which Perth Air & Power Solutions notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Perth Air & Power Solutions to provide Goods to the Customer.
21.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
21.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.