TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES BY AUSTRALIAN INTERNATIONAL EQUIPMENT GROUP PTY LTD
1 General
1.1 All new and used vehicles, machinery, plant and equipment, materials, consumables, software, hardware, components and parts (Goods) and all labour or services in connection with such Goods (Services) sold or supplied to you (the Customer) by Australian International Equipment Group Pty Ltd or its related entities is or are supplied on these terms and conditions.
2 Definitions
2.1 “AIE Group” means “Australian International Equipment Group Pty Ltd” (ABN: 31 612 359 985), by its successors assigns or any person acting on behalf of: Australian International Equipment Group Pty Ltd and with the authority.
2.2 “Customer” means the person/s buying or hire the ‘Equipment’, ‘Goods’ or ‘Services’ 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.
2.3 “Equipment” means all ‘Goods’, ‘Services’, ‘Works’, or Plant and Equipment supplied by way of ‘Wet Hire’ to the Customer from time to time, at the Customer’s request; supplied by AIE GROUP (where the context so permits the terms ‘Equipment’, ‘Goods’, ‘Services’, ‘Works’ and ‘Wet Hire’ shall be interchangeable for each other).
2.4 “Price” means the Price payable for the ‘Goods’ or ‘Services’ as agreed between AIE GROUP and the Customer in accordance with clause 4.
3 Acceptance
3.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions when the Customer places an order for and/or accepts delivery of the Goods and/or Services.
3.2 These terms and conditions may only be amended with AIE GROUP consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and AIE GROUP.
4 The Contract
4.1 Until AIE Group has accepted an order in accordance with clause 4.3 of these terms:
(a) any quotation, estimate, price prepared or represented by AIE Group (quote) is:
(i) indicative only
(ii) not an offer to contract; and
(iii) only valid for 14 days,
(b) no order by the customer to AIE Group following a quote will by itself or in association with a Quote bind AIE Group; and
(c)all Quotes prepared by AIE Group may be withdrawn or varied by AIE Group prior to acceptance.
4.2 If the Customer:
(a) Requests or orders Goods or Services from AIE Group; and
(b) That order is consistent with a quote,
(an Order) the Customer offers to contract with AIE Group on the basis of the Order and the Quote.
4.3 AIE Group accepts and is deemed to have accepted an Order made by the Customer under clause 4.2 of these Terms:
(a) to the extent it is for materials, consumables, hardware, software, components or parts (including remanufactured and rebuilt parts) or Services on the earlier of:
(i) when those Goods are delivered to the Customer, or the Services are completed by AIE Group as the case may be;
(ii) when notification of acceptance is provided by AIE Group to the Customer; and
(iii) 3 days after AIE Group receives an Order and does not dispute it or any part of it.
(b) to the extent it is for new and used vehicles, machinery, plant and equipment (excluding rentals) on the earlier of:
(i) when notification of acceptance is provided by AIE Group to the Customer; and
(ii) 7 days after AIE Group receives an Order and does not dispute it or any part of it.
4.4 Upon acceptance by AIE Group under clause 4.3, a binding contract comes into existence between AIE Group and the Customer incorporating the following documents (together the Contract):
(a) any Quote, invoice or other document of AIE Group whether attaching these Terms or not;
(b) any notice of acceptance provided by AIE Group in accordance with clause 2.3(a)(ii) or 4.3(b);
(c) these Terms;
(d) any document attached or annexed to these Terms by AIE Group; and
(e) the Order placed by the Customer including any attached or associated terms and conditions.
4.5 In the event of any inconsistency, ambiguity or discrepancy, the order of precedence set out above applies with the first listed document taking the highest priority and so on.
4.6 If, after applying the order of precedence, there remains an inconsistency, ambiguity or discrepancy, either party may give the other party written notice.
4.7 If notice is given under clause 4.6, AIE Group shall (acting reasonably) direct the Customer as to the proper interpretation and determine (acting reasonably) liability for any additional costs.
4.8 The terms of Schedule 5 of the Motor Vehicle Dealers (Sales) Regulations 1974 (WA) are expressly incorporated into these Terms for the sale of on-highway trucks in Western Australia.
5 Price and Payment
5.1 At AIE Group sole discretion the Price shall be either:
(a) as indicated on any invoice provided by AIE GROUP to the Customer; or
(b) the Price as at the date of delivery of the Goods according to AIE Group current price list; or
(c) AIE Group quoted price (subject to clause 4.1) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 AIE Group reserves the right to change the Price if a variation to AIE Group quotation is requested. Payment for all variations must be made in full at their time of completion.
5.3 The Price excludes freight, consumables (including grease, oil, coolant, water, diesel), taxes and duties (including import and customs duties) and any other necessary or incidental items, work or services unless expressly stated in the Contract.
5.4 At AIE Group sole discretion a non-refundable deposit may be required.
5.5 Time for payment for the Goods and Services being of the essence, if the customer fails to pay AIE Group and amount when due, AIE Group is, without limitation, entitled to payment of interest at the rate of 10% per annum above the Reserve Bank of Australia target cash rate in simple interest calculated daily from the time the amount falls due to the extent and for the duration that it remains unpaid.
5.6 (payment in foreign currency) To the extent that payment relates to imported base machines (but not in-stock or local items) or incidental items (including freight, handling, taxes), payment is payable at the option of the Customer:
(a) in the currency invoiced by the third-party supplier to AIE Group which may be a foreign currency; or
(b) in $AUD as exchanged at the closing RBA rate on the day of arrival of the machine at AIE Group
which must be elected by the Customer and notified by the Customer to AIE Group within any Order, and if no such election is made or notice given, option (a) above applies.
5.7 To the extent that the payment for imported base machines (not in-stock or local items) under clause 4.10 relates to deposits, slot fees or advance payments then:
(a) if payment is to be made in $AUD under clause 5.6(b), any deposits, slot fees and any other advance payments will be exchanged on payment and reconciled on the day of arrival of the relevant machine at AIE Group as if payment was made, and exchanged at the closing RBA rate on that day; or
(b) if payment is to be made in the foreign currency of the third-party supplier under clause 5.6(a), payment of any deposits, slot fees or advance payments will also be in the currency of the supplier.
5.8 The Price will be payable by the Customer on the date/s determined by AIE GROUP, which may be:
(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is fourteen (14) days following the date of any invoice given to the Customer by AIE GROUP.
5.9 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and AIE GROUP.
5.10 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to AIE GROUP an amount equal to any GST AIE Group must pay for any supply by AIE GROUP under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of 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.
6 Delivery and Completion
6.1 AIE Group will carry out its supply under this Contract during usual business hours for the branch from which the supply is to be carried out unless otherwise agreed.
6.2 The Customer must ensure that AIE Group has access to its site, the relevant work area and equipment as is safe and reasonably necessary for AIE Group to supply the Goods and Services.
6.3 AIE Group shall not be liable for any loss or damage to the site including without limitation, damage to floors, walls, pathways, driveways and concreted paved or grassed areas.
6.4 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) The Customer or the Customer’s nominated carrier takes possession of the Goods at AIE GROUP address; or
(b) AIE GROUP (or AIE GROUP nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
6.5 At AIE GROUP sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
6.6 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
6.7 The Customer must take delivery by receipt or collection of the Goods whenever either is tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then AIE GROUP shall be entitled to charge a reasonable fee for redelivery of the Goods and/or the storage of the Goods.
7 Risk
7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, AIE GROUP is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by AIE GROUP is sufficient evidence of AIE GROUP rights to receive the insurance proceeds without the need for any person dealing with AIE GROUP to make further enquiries.
8 Dimensions, Plans and Specifications
8.1 All customary industry tolerances shall apply to the dimensions and measurements of the Goods unless AIE GROUP and the Customer agree otherwise in writing. AIE GROUP shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer.
8.2 If the giving of an estimate or quotation for the supply of Goods involves AIE GROUP estimating measurements and quantities, it shall be the responsibility of the Customer to verify the accuracy of AIE GROUP estimated measurements and quantities, before the Customer places an order based on such estimate or accepts such quotation.
8.3 Should the Customer require any changes to AIE GROUP estimated measurements and quantities, the Customer shall request such changes in writing. In the case of an estimate before placing an order and in the case of a quotation before acceptance.
9 Customer’s Disclaimer
9.1 The Customer hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of;
9.2 any inadvertent misrepresentation made to the Customer by AIE GROUP and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
9.3 Where AIE GROUP provides advice to the Customer, such advice is given in good faith only. The Customer acknowledges that AIE GROUP shall not be liable for any claims howsoever arising out of any advice given.
10 Electronic Transactions Act
10.1 Electronic signatures shall be deemed to be accepted by the Customer & AIE GROUP.
11 Retention of Title to Goods
11.1 AIE GROUP and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid AIE GROUP all amounts owing to AIE GROUP; and
(b) the Customer has met all of its other obligations to AIE GROUP.
11.2 Receipt by AIE GROUP 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 11.1 that the Customer is only a bailee of the Goods and must return the Goods to AIE GROUP on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for AIE GROUP and must pay to AIE GROUP 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 AIE GROUP and must pay or deliver the proceeds to AIE GROUP 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 AIE GROUP and must sell, dispose of or return the resulting product to AIE GROUP as it so directs.
(e) the Customer irrevocably authorises AIE GROUP to enter any premises where AIE GROUP believes the Goods are kept and recover possession of the goods.
(f) AIE GROUP 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 AIE GROUP .
(h) AIE GROUP may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
12 Personal Property Securities Act 2009 (“PPSA”)
12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
12.2 Upon assenting to these terms and conditions in writing and/or acceptance by conduct, the Customer 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 Goods/Property that has previously been supplied and that will be supplied in the future by AIE GROUP to the Customer.
12.3 The Customer 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 AIE GROUP 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 12.3(a)(i) or 12.3(a)(ii);
(b) indemnify, and upon demand reimburse, AIE GROUP 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 Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of AIE GROUP;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of AIE GROUP;
(e) immediately advise AIE GROUP of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
12.4 AIE GROUP and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
12.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA.
12.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
12.7 Unless otherwise agreed to in writing by AIE GROUP, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
12.8 The Customer must unconditionally ratify any actions taken by the AIE GROUP under clauses 12.3 to 12.7. 12.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
13 Security and Charge
13.1 In consideration of AIE GROUP agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, reality or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The Customer indemnifies AIE GROUP from and against all AIE GROUP costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising AIE GROUP rights under this clause.
13.3 The Customer irrevocably appoints AIE GROUP and each director of AIE GROUP as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Customer’s behalf.
14 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
14.1 The Customer must inspect the Goods on delivery and must within five (5) days of delivery notify AIE GROUP in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
14.2 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 AIE GROUP to inspect the Goods.
14.3 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).
14.4 AIE GROUP acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
14.5 Except as expressly set out in these terms and conditions in respect of the Non-Excluded Guarantees, AIE GROUP makes no Warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. AIE GROUP liability in respect of these warranties is limited to the fullest extent permitted by law.
14.6 If the Customer is a consumer within the meaning of the CCA, AIE GROUP liability is limited to the extent permitted by section 64A of Schedule 2.
14.7 If AIE GROUP is required to replace the Goods under this clause or the CCA, but is unable to do so, AIE GROUP may refund any money the Customer has paid for the Goods.
14.8 If the Customer is not a consumer within the meaning of the CCA, AIE GROUP 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 AIE GROUP at the AIE GROUP sole discretion;
(b)limited to any warranty to which AIE GROUP is entitled, if AIE GROUP did not manufacture the Goods;
(c)otherwise negated absolutely.
14.9 Subject to this clause 14, returns will only be accepted provided that:
(a) The Customer has complied with the provisions of clause 14.1; and
(b) the AIE GROUP 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.
14.10 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, AIE GROUP 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 the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the AIE GROUP; e)fair wear and tear, any accident, or act of God.
14.11 AIE GROUP may in its absolute discretion accept non-defective Goods for return in which case AIE GROUP may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
15 Intellectual Property
15.1 Where AIE GROUP has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of AIE GROUP.
15.2 The Customer warrants that all designs, specifications or instructions given to AIE GROUP will not cause AIE GROUP to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify AIE GROUP against any action taken by a third party against AIE GROUP in respect of any such infringement.
16 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 five percent (5%) per calendar month (and at AIE GROUP sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Customer owes AIE GROUP any money the Customer shall indemnify AIE GROUP from and against all costs and disbursements incurred by AIE GROUP in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, AIE GROUP contract default fee, and bank dishonour fees).
16.3 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
16.4 Without prejudice to any other remedies AIE GROUP may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions AIE GROUP may suspend or terminate the supply of Goods to the Customer. AIE GROUP will not be liable to the Customer for any loss or damage the Customer suffers because AIE GROUP has exercised its rights under this clause.
16.5 Without prejudice to AIE GROUP other remedies at law AIE GROUP shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to AIE GROUP shall, whether or not due for payment, become immediately payable if:
(a) any money payable to AIE GROUP becomes overdue, or in AIE GROUP opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer become 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 AIE GROUP may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are due to be delivered by giving written notice to the Customer. On giving such notice AIE GROUP shall repay to the Customer any money paid by the Customer for the Goods. AIE GROUP 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 the Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by AIE GROUP as a direct result of the cancellation (including, but not limited to, any loss of profits).
18 Privacy Act 1988 – Australian Privacy Principals (APPs) 2014
18.1 The Customer agrees for AIE GROUP 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 AIE GROUP.
18.2 The Customer agrees that AIE GROUP 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 (2) years.
18.3 The Customer consents to AIE GROUP being given a consumer credit report to collect overdue payment on commercial credit.
18.4 The Customer agrees that personal credit information provided may be used and retained by AIE GROUP for the following purposes (and for other agreed purposes or required by:
(a) the provision of Goods, Goods; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods, 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.
18.5 AIE GROUP 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.
18.6 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 AIE GROUP is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer or commercial 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 AIE GROUP has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of AIE GROUP, 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).
18.7 The Customer shall have the right to request (by e-mail) from AIE GROUP:
(a) a copy of the information about the Customer retained by AIE GROUP and the right to request that AIE GROUP correct any incorrect information; and
(b) that AIE GROUP does not disclose any personal information about the Customer for the purpose of direct marketing.
18.8 AIE GROUP 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.
18.9 The Customer can make a privacy complaint by contacting AIE GROUP via e- mail. AIE GROUP will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
19 Dispute Resolution
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 Compliance with Laws
20.1 The Customer and AIE GROUP shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
20.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works.
20.3 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
20 Miscellaneous
20.1 if any part of the Contract is void or unenforceable, that part is severable from the Contract and the balance remains enforceable
20.2 The words including, inclusive of, or similar expressions are not words of limitation.
20.3 If the Customer is more than one person or entity, each person or entity (as applicable) shall be jointly and severally liable to AIE Group.
20.4 Notices shall be deemed received on the earlier of actual receipt, a reply, notice of receipt or a period of 3 days after issue without the issuer having received notice of a non-receipt or failed delivery.
20.5 AIE Group may only waive a requirement or breach of the Contract in writing signed by it, and any such waiver is limited to the instance referred to (or if no instance is referred to in the waiver, to past breached only).
20.6 Each party must bear its own legal, accounting, and other costs of and incidental to the preparation and entering into the Contract.
20.7 Nothing constitutes a joint venture, agency, partnership, or other fiduciary relationship between the Customer and AIE Group.
