Terms & Conditions
1. DEFINITIONS
1.1. “Agreement” means the agreement and these terms and conditions. It includes these terms, any covering letter, quotation, estimate and any other document that refers to these terms.
1.2. “Appointment Term” means the period of time from the date of the Agreement up to and including the date the Agreement is terminated.
1.3. “EGAR” means EGAR INDUSTRIES PTY LTD ( 40661167700 ) - T/AS EGAR Electrical and any of its direct employees.
1.4. “Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
1.5. “Client” means the customer set out in any quotation, fee estimate, offer or other document provided by EGAR (or, in the absence of such information, the customer who placed the order).
1.6. “Credit” means EGAR providing, or proposing to provide, in the course of business, credit to the Client in relation to the acquisition of goods or services under the Agreement.
1.7. “Goods” means any goods associated with the provision of services.
1.8. “Labour” means the physical work undertaken by EGAR and its employees in the course of providing the services.
1.9. “Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).
1.10. “Outstanding Debts” means all amounts unpaid by the Client to EGAR as payable under the Agreement and in accordance with the relevant terms herein.
1.11. “PPSA” means the Personal Property Securities Act 2009.
1.12. “Privacy Act” means Privacy Act 1988 (as amended by the Privacy Amended (Enhancing Privacy Protection) Act 2012).
1.13. “Price” means the price of the goods including but not limited to any other charges EGAR is entitled to under the Agreement.
1.14. “Security interest” means a security interest within the meaning of the Personal Property Securities Act 2009.
1.15. “Services” means the services requested by the Client and any additional services associated with the Agreement.
1.16. “Third Party” means any 3rd party engaged to provide services outside the scope of EGAR’ work. This may include but is not limited to; builders, painters, carpenters, plasterers, plumbers etc.
2. CORPORATIONS
2.1. If the Client is a corporation, the Client warrants that its director(s) and/or company secretary will sign this Agreement pursuant to the requirements in section 1.5.7 of the Corporations Act 2001 (Cth) for signing documents on behalf of the Client.
2.2. The Client warrants that all of its directors will provide personal guarantees and indemnities to EGAR in relation to the Client’s obligations under the Agreement. Should a director fail to sign the guarantee, EGAR reserves its right to cease providing services until the guarantee is correctly executed.
2.3. Should a Client who is a corporation be a franchisee, if the Client sells their franchise, all accounts which are outstanding at the time of sale become due and owing and must be paid within seven (7) days of the sale date.
3. TRUSTEE CAPACITY
3.1. If the Client is the trustee of a trust (whether disclosed to EGAR or not), the Client warrants to EGAR that:
3.1.1. the Client enters into this Agreement in both its capacity as trustee and personal capacity;
3.1.2. the Client has the right to be indemnified out of trust assets;
3.1.3. the Client has the power under the trust Agreement to sign this Agreement; and
3.1.4. the Client will not retire as trustee of the trust or appoint any new or additional trustee without advising EGAR.
3.2. The Client must give EGAR a copy of the trust Agreement upon EGAR’ request.
4. PARTNERSHIP
4.1. If the Client is a partnership, the Client warrants that all of its partners agree to and have signed this Agreement and that all of its partners will provide personal guarantees and indemnities to EGAR in relation to the Client’s obligations under the Agreement.
4.2. If the Client is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without first advising EGAR. In the case of a change of partners, EGAR may require new partners to sign a personal guarantee and indemnity.
5. ACCEPTANCE
5.1. The Client is taken to have accepted, and is immediately bound, jointly and severally, by the Agreement if the Client (or its agent or employee);
5.1.1. orders the Services; or
5.1.2. accepts provision of the Services.
5.2. These terms and conditions may only be amended with EGAR’ written consent and shall prevail to the extent of any inconsistency with any other document or agreement.
6. FORMATION OF CONTRACT
6.1. A quote is not a guarantee that the work will be completed for the price listed in the quote. Unforeseen events may occur that mean the quote will increase.
6.2. Placement of an order for Services, either verbally or in writing, will imply acceptance of EGAR’ offer and of these terms and conditions and/or Agreement.
7. CHANGE IN CONTROL
7.1. The Client agrees to provide written notice to EGAR of any proposed change of ownership and/or change of details (including changes to name, contact or phone number, address etc.) of the Client no less than 14 days prior to that change occurring.
7.2. The Client accepts liability for any loss incurred by EGAR due to a failure by the Client to comply with this clause.
8. PRICE
8.1. At EGAR’ sole discretion the Price shall be either:
8.1.1. as indicated on quotes provided by EGAR to the Client in respect of the Services; or
8.1.2. pursuant to the rate listed below;
8.1.3. any additional work not within the agreement and requested by the Client will be charged at the following rates; and
8.1.4. Additional work may also be charged on a per point basis subject to the sole discretion of EGAR.
Work Labour Rate$130.00/hr PLUS GST
8.2. EGAR reserve the right to change the Price:
8.2.1. if a variation to the Services which are to be provided is requested;
8.2.2. if a variation to the Services originally ordered is requested;
8.2.3. in the event that the Client has misrepresented the nature of the Services required to complete the job; or
8.2.4. in the event of increases to EGAR’ cost of labour or materials which are beyond EGAR’ control.
8.2.5. in the event that the location for the work is further than 45 minutes outside of Brisbane, EGAR reserves the right to charge a travel fee of $40.00/hr. Any and all tolls incurred by EGAR in travelling to the work location are payable by the Client and will be included on the final invoice.
8.2.6. in the event that the client requires urgent work to be completed, EGAR reserve their right to charge a fee equal to the amount of the time that was lost completing work on another job. The client shall use all best endeavours to ensure that appropriate notice is provided to EGAR before requesting any urgent services.
8.2.7. At EGAR’s sole discretion a non-refundable deposit may be required."
EGAR may request that the Client pay a non-refundable deposit before commencing the Labour.
9. PAYMENT TERMS
9.1. Fees incurred for work completed by EGAR will be invoiced to the Client and payable strictly within seven (7) days of the date of the invoice. EGAR may, at any time, unilaterally vary the terms of trade in its absolute and unfettered discretion.
9.2. Should the Client not pay for the Services and/or Goods in accordance with the terms and conditions provided herein, or as agreed in writing by EGAR from time to time, EGAR will be entitled to charge an administration fee of $120 (fixed) per variation and/or correspondence regarding any negotiation relating to payment terms.
9.3. Should the Customer wish to pay an invoice by way of Credit Card, a merchant fee will be charged for the use of Mastercard or Visa.
10. COPYRIGHT
10.1. All copyright in any Services and/or Goods provided by EGAR to the Client will vest fully with EGAR and not be transferred upon payment of the Services and/or Goods in full by the Client. Copyright will only transfer to the Client upon prior written agreement with EGAR for which EGAR receive payment from the Client in consideration of relinquishing full copyright of the Services and/or Goods.
10.2. The Client provides its unconditional and irrevocable consent to EGAR, for EGAR to use any of the Services which have been provided to the Client, for the purposes of promoting its services to other clients.
11. SECURITY/CHARGE
11.1. The Client charges in favour of EGAR all of its estate and interest in any real property that the Client owns at present and in the future with the amount of its indebtedness until discharged.
11.2. The Client charges in favour of EGAR all of its estate and interest in any personal property that the Client owns at present and in the future with the amount of its indebtedness until discharged.
11.3. The Client appoints, as its duly constituted attorney, EGAR’ company secretary from time to time to execute, in the Client’s name, any real property mortgage, bill of sale or consent to any caveat which EGAR may choose to lodge, against any real property that the Client may own, in any Land Titles Office in any state or territory of Australia, even though the Client may not have defaulted in carrying out its obligations hereunder.
11.4. Where the Client has entered into a previous Agreement with EGAR in which the Client has granted a charge, mortgage or other security interest (including a security interest defined in PPSA) over or in respect of real or personal property, those charges, mortgages or other security interests and the terms which directly or indirectly create rights, powers or obligations in respect thereto will continue and co- exist with the obligations and security interests created in this Agreement and will secure all indebtedness and obligations of the Client under this Agreement. EGAR may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.
12. RETENTION OF TITLE
12.1. Title and ownership of the Goods does not pass to the Client until the Client has made payment in full of all the other money owing by it to the EGAR (whether in respect of money payable under a specific contact or on any other account whatsoever).
12.2. Whilst the Client has not paid for Goods supplied in full at any time, the Client agrees that property and title in the Goods will not pass to the Client and EGAR retains the legal and equitable title in such Goods.
12.3. Until payment in full has been made to EGAR, the Client will hold the Goods in a fiduciary capacity for EGAR and agrees to store the Goods in such a manner that they can be identified as the property of EGAR, and will not mix the Goods with other similar Goods.
12.4. The Client will be entitled to sell the Goods in the ordinary course of its business, but until full payment for the Goods has been made to EGAR, the Client will sell as agent and bailee for EGAR and the proceeds of sale of the Goods will be held by the Client on trust for EGAR absolutely.
12.5. The Client’s indebtedness to EGAR, whether in full or in part, will not be discharged by the operation of clause 12.1 hereof unless and until the funds held on trust are remitted to EGAR.
12.6. The Client agrees that whilst property and title in the Goods remains with EGAR, EGAR has the right, with or without prior notice to the Client, to enter upon any premises occupied by the Client (or any receiver, receiver manager, administrator, liquidator or trustee in bankruptcy of the Client) to inspect the Goods of EGAR and to repossess the Goods which may be in the Client’s possession, custody or control when payment is overdue.
12.7. The Client will be responsible for EGAR’s costs and expenses in exercising its rights under clause 12.3. Where EGAR exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Client against EGAR, its employees, servants or agents.
12.8. The Client agrees that where the Goods have been retaken into the possession of EGAR, EGAR has the absolute right to sell or deal with the Goods, and if necessary, sell the Goods with the trademark or name of the Client on those Goods, and the Client hereby grants an irrevocable licence to the EGAR to do all things necessary to sell the Goods bearing the name or trademark of the Client. Any depreciation to the value of the goods may be claimed from the Client by EGAR.
12.9. For the avoidance of doubt, EGAR’s interest constitutes a ‘purchase money security interest ’pursuant to the PPSA.
13. COSTS
13.1. The Client must pay for its own legal, accounting and business costs and all costs incurred by EGAR relating to any default by the Client. The Client must also pay for all stamp duty and other taxes (if any) payable on this Agreement.
13.2. The Client will pay EGAR’ costs and disbursements incurred in pursuing any recovery action/or any other claim or remedy, against the Client, including but not limited to; collection costs, debt recovery fees, commission and legal costs on an indemnity basis. Such costs, disbursements and commission will be due and payable by the Client to EGAR irrespective of whether the recovery action, claim or remedy is successful.
13.3. Subject to clause 13.2, payments by, or on behalf of, the Client will be applied by EGAR as follows:
13.3.1.firstly, in payment of any and all collection costs, debt recovery fees and commission and legal costs in accordance with clauses 13.1 and 13.2;
13.3.2. secondly, in payment of any interest incurred in accordance with clause16; and
13.3.3. thirdly, in payment of the outstanding debt(s).
13.4. EGAR may apply and allocate payments received by, or on behalf of, the Client in a manner in EGAR’ absolute and unfettered discretion, including so as to attribute the payments to satisfy obligations which are or are not secured by a purchase money security interest or otherwise.
13.5. To the extent that payments have been allocated to invoices by EGAR in its business records, EGAR may, in its sole and unfettered discretion, allocate and/or retrospectively reallocate payments in any manner whatsoever at any time whatsoever.
13.6. Payments allocated (and/or reallocated) under clause 13.5 will be treated as though they were allocated or reallocated, respectively, in the manner determined by AG on the date of receipt of payment.
14. TAXES AND DUTY
14.1. The Client must pay GST on any taxable supply made by EGAR to the Client under this Agreement. The payment of GST is in addition to any other consideration payable by the Client for a taxable supply.
14.2. If as a result of:
14.2.1. any legislation becoming applicable to the subject matter of this Agreement; or
14.2.2. any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration, EGAR becomes liable to pay tax, duty, excise or levy in respect of the amounts received from the Client, then the Client must pay EGAR these additional amounts on demand.
15. DEFAULT
15.1. Each of the following is an event of default, namely:
15.1.1. The Client allowing any sum of money payable to EGAR pursuant to this Agreement to remain unpaid one (1) clear day following the day upon which the amount became due and payable;
15.1.2. The Client failing to punctually perform or observe any of the conditions or obligations imposed upon it by this Agreement and such failure remaining unresolved for a period of seven (7) clear days after the notice in writing is served upon the Client by EGAR specifying the default;
15.1.3. If EGAR ascertains that the Client has made any false, inaccurate or misleading statement having a material effect in relation to the making of the Agreement or any related or collateral document;
15.1.4. If the Client is a company, upon the passing of a resolution for its winding up or the making of any order by any court for its winding up, the appointment of a controller, provisional liquidator, receiver, or receiver and manager, or voluntary administrator in respect of it or in respect of the whole or any part of its assets;
15.1.5. The levying of execution by any court against the Client and such execution not being satisfied within fourteen (14) days;
15.1.6. If the Client, or if the Client is a company, any director of the Client, being convicted upon indictment of a criminal offence or being sentenced to a term of imprisonment; or
15.1.7. If the Client breaches any one or more of the terms or conditions of this Agreement.
15.2. A statement rendered by EGAR to the Client will be proof of the amount due.
16. INTEREST RATES
16.1. Any amount not paid in accordance with the terms and conditions of this Agreement, will be subject to penalty interest pursuant to the provisions of the Penalty Interest Rates Act 1983 and Supreme Court Act 1986 or any act which supersedes either of those Acts until the total amount is paid in full.
17. SET-OFF
17.1. All payments required to be made by the Client under this Agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
17.2. Any amount due to EGAR from time to time may be deducted from any monies which may be or may become payable to the Client by EGAR.
18. INDEMNITY
18.1. The Client agrees to indemnify EGAR for all and any costs and disbursements incurred in pursuing any recovery action or any other claim or remedy, against the Client, including collection costs, debt recovery fees, commission and legal costs on an indemnity basis. Such costs, disbursements and commission will be due and payable by the Client to EGAR irrespective of whether pursuit of the recovery action, claim or remedy is successful.
18.2. The Client agrees to indemnify EGAR against all and any losses sustained by EGAR as a result of any claim(s) or action(s) brought against EGAR, whether those claim(s) or action(s) are by the Client or by a third party, pursuant to any event arising from or as a result of the Agreement.
19. LIABILITY
19.1. EGAR is not liable for any loss caused to the Client by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond EGAR’ control.
19.2. EGAR is not liable for any loss suffered by the Client due to the Client’s failure to abide by the terms contained herein.
19.3. In relation to the supply of services, EGAR’ liability is limited to:
19.3.1. supplying the service again; or
19.3.2. providing for the cost of having the services supplied again at the amount of which is equal to or reasonably equivalent to the cost EGAR would have incurred if supplying the services again.
19.4. EGAR is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Client.
19.5. EGAR shall not be liable for any loss or damage to the site except where the damage was the direct result of EGAR’s negligence.
19.6. EGAR is not liable for the failure of Goods not provided by EGAR and the Client indemnifies EGAR against any loss or damage arising in any way whatsoever from Goods not provided by EGAR.
20. DEFECTS
20.1. The Client agrees to make any claim or allegation of faulty workmanship or goods to EGAR, in writing, as soon as any such defect arises. EGAR shall not be liable for any damage or loss arising due to the customers failure to immediately notify EGAR of such defects.
20.2. EGAR agrees to remedy such defects at no cost to the customer, provided that all defects arise directly from the sole actions of EGAR, within 24 months of completion of EGAR’s contractual obligations, and on the condition that:
20.2.1.1. The defect is not due to defective or faulty goods;
20.2.1.2. The Client has fulfilled all of their obligations under the contract;
20.2.1.3. The defect did not in any way arise from actions taken to remedy such a defect undertaken without the consent of EGAR;
20.2.1.4. Any claim to such a remedy must be made in writing to EGAR providing sufficient detail of such defect;
20.2.1.5. The defect must be caused by the structure to which goods are affixed;
20.2.1.6. he defect must not be caused by atypical or unreasonable treatment of the affixed goods;
20.3 Remedy of the defect will be provided within a reasonable time after the defect is reported by the client to EGAR.
20.4 This clause does not serve to limit any rights attained under any relevant legislation, legal or statutory provisions to which the customer is entitled and is subject to any such requirements imposed upon EGAR.
21. SERVICE
21.1. The Client agrees to accept service of any document required to be served, including any notice under the Agreement, the PPSA or court process, by prepaid post at any address nominated in this Agreement or any other address later notified to EGAR by the Client or its authorised representative.
22. PROVISION OF FURTHER INFORMATION
22.1. The Client undertakes to comply with any request by EGAR to provide further information for the purpose of assessing the Client’s creditworthiness, including an updated credit application.
22.2. If the Client is a corporation (with the exception of a publicly listed company), it must advise EGAR of any alteration to its corporate structure or governance (for example a change in directors, shareholders, or constitution). In the case of a change of directors or shareholders EGAR may require the new directors or shareholders to sign a guarantee and indemnity.
23. THIRD P ARTIES
23.1. EGAR shall, where reasonable, coordinate and liaise with Third Parties engaged, but shall not be responsible for their employment and payment.
23.1.1. EGAR will not be held liable by the Client for any work provided by a 3rd party.
24. EGAR WARRANTIES TO THE CLIENT
24.1. EGAR will:
24.1.1. Not enter into any agreements or incur obligations with any third party on behalf of the Client without prior approval;
24.1.1.1. If approval is given verbally, the Client will confirm approval in writing no later than 48 hours after the verbal approval was given, if written approval is not received within 48 hours, EGAR reserves it’s right to immediately cease work.
24.1.1.2 If EGAR is forced to cease work due to lack of written approval, EGAR at its discretion is entitled to receive compensation in the amount equal to the time spent on site waiting for written approval.
24.1.2. Ensure that all work is decent, lawful and does not infringe the rights of any third party or any legislation or building restrictions;
24.1.3. Not assign this Agreement; and
24.1.4. Maintain suitable professional indemnity insurance (if required).
25. OBLIGATIONS OF THE CLIENT
25.1. The Client will:
25.1.1. Provide EGAR access to a parking spot and access to the property as and when required and without avoidable delay so that EGAR can provide the services requested;
25.1.2. Provide any specific instructions in relation to the work to EGAR;
25.1.2.1. If the instructions are given verbally, the Client will confirm the instructions in writing no later than 48 hours after the verbal instructions were given, if written approval is not received within 48 hours, EGAR reserves it’s right to immediately cease work.
25.1.2.2. If EGAR is forced to cease work due to lack of written instructions, EGAR at its discretion is entitled to receive compensation in the amount equal to the time spent on site waiting for written instructions.
25.1.3. Provide any and all information that EGAR requires to provide the Services, this may include plans and other information related to design and fit out;
25.1.4. Obtain, at the Client’s expense, any and all working and building permits/applications as required by construction legislation or for provision of the Services.
25.1.5. Ensure that all power, gas, water, smoke detectors, sprinklers and any other underground services that may prohibit EGAR from providing the Services be disconnected and/or isolated before EGAR will commence providing the Services.
25.1.6. Ensure that the site is, and will continue to be, compliant with any occupational health and safety laws and any other applicable safety standards for the duration of EGAR providing the Services.
25.1.7. Provide EGAR with written documents clearly marking precise locations of all underground services of the site. Where underground services are not precisely located, the Client agrees to indemnify EGAR from any and all liability claims, loss, damage, costs and fines resulting from damages to such services.
26. ACCURACY OF PLANS AND MEASUREMENTS
26.1. The Client acknowledges and agrees that:
26.1.1. EGAR shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client.
26.1.2. EGAR accepts no responsibility for any loss, damages, or costs however resulting from inaccurate information (plans, specifications and other information) provided by the Client.
26.1.3. Where EGAR is required to order Goods for the completion of services, the Client accepts responsibility for verifying the accuracy of any measurements and quantities provided by EGAR, before the Goods are ordered. EGAR will not be held liable for any loss, damages, or costs howsoever from the Client’s failure to comply with this clause.
27. WAIVER
27.1. A waiver of any provision or breach of this Agreement by EGAR must be made by an authorised officer of EGAR in writing. A waiver of any provision or breach of this Agreement by the Client must be made by the Client’s authorised officer in writing.
28. CANCELLATION/TERMINATION OF AGREEMENT
28.1. Upon cancellation of the Agreement, with or without notice, all liabilities incurred by the Client become immediately due and payable to EGAR.
28.2. The Agreement may be terminated for any reason by either party at any time by giving seven (7) days written notice;
28.3. Upon termination of the Agreement and for any reason, EGAR will cease all activity provided there are no amounts receivable on account due to EGAR, shall promptly provide to the Client all work produced and provided to EGAR by the Client in connection with this Agreement.
28.4. Upon cancellation of the agreement, where Goods have been specifically ordered to meet the Client’s specific requirements (including non-stock list items), the Client agrees to reimburse EGAR for the purchase price of the Goods (including delivery fees).
29. VARIATION
29.1. The Client agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of EGAR at any time by providing written notice to the Client.
29.2. Any proposed variation to these terms and conditions by the Client must be requested in writing. EGAR may refuse any such request without providing reasons either orally or in writing.
29.3. Variations requested by the Client will only be binding upon EGAR if they are accepted in writing.
30. SEVERANCE
30.1. If any provision of this Agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
30.2. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective.
31. CONSENT TO REGISTER
31.1. The Client hereby consents to EGAR recording the details of the Agreement on the Personal Property Securities Register and agrees to do all things necessary and required by EGAR to effect such registration.
31.2. The Client waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property and Securities Register.
32. INSOLVENCY
32.1. If the Client becomes insolvent, the Client remains liable under this Agreement for payment of all liabilities incurred hereunder. The Client remains liable under this Agreement even if EGAR receives a dividend or payment as a result of the Client being insolvent.
33. DISPUTE RESOLUTION
33.1. If there is a dispute or difference on any matter arising from the goods and/or services, either party may submit to the other a written notice detailing the matter and requiring the parties to meet within seven (7) days to attempt to reach a suitable resolution.
33.2. If the matter is not resolved within fourteen (14) days of the date of service of the notice, either party may refer the matter to mediation by a single mediator.
33.2.1. The mediator will be chosen by both parties.
33.2.2. If the parties cannot agree on a mediator, a mediator will be appointed by the Queensland Law Society (“QLS”).
34. JURISDICTION
34.1. The Client acknowledges and agrees that this Agreement will be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
34.2. The Client acknowledges and agrees that any contract for the provision of services between EGAR and the Client is formed at the address of EGAR.
34.3. The parties to this Agreement submit to the exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.
35. ENTIRE AGREEMENT
35.1. This Agreement constitutes the entire Agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this Agreement are merged in this Agreement and are of no further effect. No oral explanation or information provided by a party to another effects the meaning or interpretation of this Agreement or constitutes any collateral Agreement, warranty or understanding.
35.2. Notwithstanding the preceding paragraph, in circumstances where there is a pre-existing written agreement (Original Agreement) between the Client and EGAR , these terms and this Agreement will constitute a variation of the Original Agreement whereby the terms of the Original Agreement are deleted and replaced with the terms herein, unless the terms of the Original Agreement are otherwise expressly or implicitly preserved by the terms herein in which case they will co-exist with the terms herein, and, to the extent of any inconsistency, these terms will prevail.
35.3. Nothing in this Agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the Agreement in relation to the provision of services pursuant to this Agreement of all or any of the provisions of the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
36. PRIVACY ACT
36.1. The Client agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 contained in this document.