1. Definitions
    1. “MEH” means Rock Skin Pty Ltd ATF Cini Investment Trust T/A Mobile Ensuite Hire, its successors and assigns, or any person acting on behalf of, and with the authority of, Rock Skin Pty Ltd ATF Cini Investment Trust T/A Mobile Ensuite Hire.
    2. “Client” means the person/s hiring Equipment, as specified in any quotation, order, invoice or other document; and if there is more than one, Client is a reference to each Client jointly and severally.
    3. “Equipment” means all Equipment (including Ensuites and any accessories or consumables) supplied on hire by MEH to the Client (and where the context so permits shall include any incidental supply of services), and is as described on the quotation, order, invoice or any other document as provided by MEH to the Client. Any reference to the Equipment in catalogues and/or brochures shall not be taken as an exact representation of the items advertised.
    4. “Minimum Hire Period” means the minimum amount of time the Equipment may be hired by the Client, which shall be for a period of four (4) weeks, commencing from Delivery.
    5. “Charges” means the cost of the hire of the Equipment, as agreed between MEH and the Client, subject to clause 4 of this contract.
    6. “Site” means the location/s at which the Equipment is to be situated and used.
  2. Acceptance
    1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order (in writing) for the Equipment, or accepts Delivery.
    2. These terms and conditions may, only be amended with both parties consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and MEH.
    3. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  3. Change in Control
    1. The Client shall give MEH not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by MEH as a result of the Client’s failure to comply with this clause.
  4. Charges and Payment
    1. At MEH’s sole discretion, the Charges:
      1. are a lump sum price. Subject to clause 12, no “refunds” or “works performed in lieu of” for early return of the Equipment and/or unperformed services will be provided by MEH; and
      2. shall be either:
        1. as indicated on any invoice provided by MEH to the Client in respect of Equipment supplied; or
        2. MEH’s quoted Charges (subject to clause 4.2), which may be subject to an inspection of the Site, will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    2. MEH reserves the right to change the Charges if:
      1. a variation to MEH’s quotation is requested.
      2. any variation from the plan of scheduled services and/or specifications of the Equipment arises (including, but not limited to, additional transport (including where required out of normal working hours, or where Delivery (including unloading and/or loading) exceeds the allowance thereof).
      3. any variation as a result of unforeseen circumstances arises, (including but not limited to, poor weather conditions, limitations to accessing the Site, safety considerations, prerequisite work by any third party not being completed, any relocation and/or alteration to components of the Equipment, such as working platforms and/or hop up brackets (or the Equipment entirely).
      4. there are increases to MEH in the cost of materials and labour, fluctuations in currency exchange rates, or any government or regulatory body imposing or increasing fees – such as stamp duty, GST or sales tax, etc.)
    3. Variations will be charged for on the basis of MEH’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
    4. The Client shall be required to respond to any variation submitted by MEH within three (3) working days. Failure to do so will entitle MEH to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
    5. At MEH’s sole discretion, a non-refundable deposit may be required prior to Delivery.
    6. Time for payment for the Equipment being of the essence, the Charges will be payable by the Client on the date/s determined by MEH, which may be:
      1. on, or before, Delivery; or
      2. by way of instalments/progress payments in accordance with MEH’s payment schedule; or
      3. the date specified on any invoice or other form as being the date for payment; or
      4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by MEH.
    7. Payment may be made by cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction) (Amex and Diners Club are not accepted) or by any other method as agreed to between the Client and MEH.
    8. Unless otherwise stated the Charges do not include GST. In addition to the Charges, the Client must pay to MEH an amount equal to any GST MEH must pay for any supply of Equipment by MEH under this contract, or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Charges. In addition, the Client must pay any other taxes and duties (including stamp duty) that may be applicable in addition to the Charges (including where there is an increase in charges imposed by the government, regulatory body or council), except where they are expressly included in the Charges.
    9. The Client acknowledges and agrees that the Client’s obligations to MEH under this contract shall not cease until:
      1. the Client has paid MEH all amounts owing for the supply of the Equipment; and
      2. the Client has met all other obligations due by the Client to MEH in respect of all contracts between MEH and the Client.
    10. Receipt by MEH 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. Where there is a dispute as referred to in clause 12.1 herein, all amounts pursuant to the delivery docket/s is/are due and payable within the time specified. The Client shall not be entitled to set off against, or deduct from the Charges, any sums owed, or claimed to be owed to the Client by MEH, nor to withhold the payment of the invoice because part of that invoice is in dispute, until such time, as the dispute has been determined.
  5. Hire Period
    1. The hire period:
      1. shall commence from the date of Delivery, and continue until the Return of the Equipment to MEH’s depot, and/or the expiry of the Minimum Hire Period, whichever last occurs; and
      2. is based on a daily hire basis, unless stated otherwise as weekly (or part thereof).
    2. The date upon which the hire period commences and expires (by the Return (or repossession) of the Equipment, the expiry of the Minimum Hire Period, or the termination of this contract) shall in all cases be treated as a full day’s hire.
    3. No allowance whatever can be made for time during which the Equipment is not in use for any reason (including, but not limited to, inclement weather, public holidays or any Force Majeure event), unless MEH confirms special prior arrangements in writing. In the event of Equipment breakdown or malfunction, provided the Client notifies MEH immediately, the Charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Client.
    4. Any extension of the hire period must be agreed to in writing between the parties, and may be subject to the availability of the Equipment and the following conditions:
      1. the Charges and all other payments due under this contract having been received by MEH in full as at the expiry of the hire period;
      2. there is no breach of the Client’s covenants, the hire period shall be extended for the duration and Charges (if varied) specified between the parties, on the same terms and conditions of this contract, except for the insertion of the extended term.
  6. Delivery
    1. Delivery of the Equipment (“Delivery”) is taken to occur at the time that MEH (or MEH’s nominated carrier) delivers the Equipment to the Site, even if the Client is not present thereat. Conclusive proof of receipt of the quantity, date and description of Equipment delivered, and of Delivery in good condition and shall be evidenced by MEH’s delivery dockets.
    2. MEH may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced for payment in accordance with the provisions, in these terms and conditions.
    3. Return of the Equipment (“Return”) will be, completed when the Equipment is returned to MEH’s depot, and is inspected and accepted by MEH.
    4. Any time specified by MEH for Delivery and Return is an estimate only and MEH will not be liable for any loss or damage incurred by the Client, as a result of any delay. However, both parties agree that they shall make every endeavour to enable the Equipment to be delivered and/or collected at the time and place as was arranged between both parties. In the event that MEH is unable to deliver and/or collect the Equipment as agreed solely due to any action or inaction of the Client, then MEH shall be entitled to charge a reasonable fee for any additional attempts to deliver and/or collect the Equipment at a later time and date.
    5. The Client shall deliver up the Equipment to MEH on expiry of the hire period (or Minimum Hire Period) or termination of this contract in accordance with these terms and conditions. Unless prior arrangements have been agreed to between the parties, the Equipment will only be accepted for Return at the depot which the Equipment was originally released from, and during that depot’s normal business hours.
    6. Unless otherwise agreed to by MEH, a request made by the Client to collect the Equipment and/or terminate this contract, must be made in writing and received by MEH at least three (3) business days prior to the requested date of collection and/or termination, and:
      1. the loading of the Equipment collected by MEH is the responsibility of the Client; and
      2. MEH reserves the right to charge the Client for the cost of Equipment hired (and the cost of labour) incurred for any cancellation or termination of this contract, or any alteration to the Equipment to be supplied and/or the hire period.
    7. Unless otherwise agreed between the parties in writing, MEH shall provide (as the Client’s agent) transport of the Equipment to and from the Site, and transport charges (including loading equipment):
      1. shall, at the sole discretion of MEH, be either included in, or in addition to, the Charges; and
      2. are quoted on the basis of Delivery and/or collection of the Equipment of a full load. Small loads, or part loads, will incur additional charges; and
      3. allow for a maximum of ninety (90) minutes loading or unloading time per visit to the Site during MEH’s normal business hours. Delivery and/or collection of the Equipment (including any waiting time) outside MEH’s normal business hours will incur additional charges.
    8. The Client shall ensure that MEH has clear and free access to the Site at all times (and that such access is suitable to accept the weight of laden trucks or other heavy machinery, as may be deemed necessary by MEH) to enable MEH to deliver and/or collect the Equipment, and:
      1. for the hire of Equipment, that the Site is cleared and suitable for the assembly of the Equipment; and
      2. where adequate access is not provided such that Delivery and/or collection of the Equipment cannot be effected, the Client will be liable for all transport charges and/or waiting time, and/or any additional attempts made for Delivery and/or collection of the Equipment; and
      3. MEH 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 MEH.
    9. At the time of Return, the Client may provide a representative to check the quantity and description of the Equipment, and the time of Return, is as stated on the return docket. If no representative of the Client is provided, the return docket shall be conclusive evidence as to the quantity, description, date and time of Return.
  7. Risk
    1. Irrespective of clause 8.1 (and if MEH is contracted by the Client to position the Equipment), immediately on departure of the Equipment from MEH’s premises the Client accepts full responsibility for the safekeeping of the Equipment, and indemnifies MEH for all loss theft or damage thereto howsoever caused, and without limiting the generality of the foregoing, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client.
    2. The Client will insure, or self-insure, MEH’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks, and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the use of the Equipment. Further the Client will not use the Equipment, nor permit it to be used, in such a manner as would permit an insurer to decline any claim.
    3. The Client accepts full responsibility for, and shall keep MEH indemnified against, all liability in respect of all actions, suits, proceedings, demands, claims, damages, costs and expenses brought, or made or incurred by any person, corporation or authority in respect of accident, injury or damage as a consequence of, or arising out of the operation or use of the Equipment by servants or agents of the Client (and/or any other person for whose acts the Client might be responsible in connection with the operation or use of the Equipment) during the hire period, and whether or not arising from any negligence, failure or omission of the Client or any other persons.
  8. Title
    1. The Equipment is, and will at all times remain, the absolute property of MEH, who may (at its sole discretion) take possession of the Equipment with, or without, notice to the Client, and the Client must (at the Client’s expense) immediately on demand by MEH, or termination/expiry of the hire period, deliver up the Equipment in good order and repair in accordance with the directions of MEH, and in default the Client irrevocably authorises MEH (or MEH’s agent), as the invitee of the Client, to enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated, and take possession of the Equipment, and for such purposes break open any gate or lock and dismantle the Equipment from any part thereof to which it may be affixed, and the Client indemnifies MEH in respect of any loss or damages arising from any act done under or by virtue of this clause. MEH may continue to charge the Client for the hire of Equipment (at MEH’s current rate) until the Equipment is returned to MEH’s depot and/or for the repair of damages or cleaning of the Equipment which may be required. The cost of repossession and transport for the Equipment shall be borne by the Client.
    2. MEH’s repossession of the Equipment shall not affect MEH’s right to recover any outstanding payments under this contract, and MEH reserves the right to pursue any additional remedies available to it.
    3. The Client is not authorised to pledge MEH’s credit for repairs to the Equipment, or to create a lien over the Equipment in respect of any repairs.
  9. Client’s Responsibilities
    1. The Client shall:
      1. satisfy itself on Delivery that the Equipment is suitable for its purposes; and
      2. be responsible for using the Equipment in a safe manner, in accordance with any work health and safety (WHS) laws and/or the relevant Australian Standards, and in accordance with any manufacturer’s instruction, whether supplied by MEH or posted on the Equipment; and
      3. not transfer the Equipment from the Site without MEH’s prior written consent; and
      4. ensure the Equipment is returned to MEH without any chemical, paint, hazardous or dangerous substances affecting the Equipment; and
      5. ensure any markings indicating the ownership or the Equipment are not removed, defaced or covered up at any time during the hire period; and
      6. undertake not to sell, mortgage, sub-hire, pledge, lease or otherwise deal with any of the Equipment; and
      7. maintain the Equipment as is required by MEH;
      8. notify MEH immediately by telephone of the full circumstances of any mechanical breakdown, malfunction or accident in connection with the Equipment.
      9. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification;
      10. not exceed the recommended or legal load and capacity limits of the Equipment;
      11. not use or carry any illegal, prohibited or dangerous substance in, or on, the Equipment;
      12. not fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.
    2. Immediately on request by MEH the Client will pay:
      1. the new list price of any Equipment that is, for whatever reason destroyed, written off or not returned to MEH; and
      2. all costs incurred in cleaning the Equipment; and
      3. all costs of repairing any damage caused by:
        1. the ordinary use of the Equipment up to an amount equal to ten percent (10%) of the new list price of the Equipment;
        2. wilful or negligent actions of the Client or the Client’s employees;
        3. vandalism, or (in MEH’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client;
      4. any lost Charges MEH would have otherwise been entitled to for the Equipment, under this, or any other contract;
      5. any insurance excess payable in relation to a claim made by either the Client, or MEH, in relation to any damage caused by, or to, the Equipment whilst the same is hired by the Client, and irrespective of whether charged by the Client’s, or MEH’s, insurers.
  10. Personal Property Securities Act 2009 (“PPSA”)
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Equipment, and/or any monetary obligation of the Client to MEH for the provision of services, previously supplied (if any. Or that will be supplied in the future, by MEH to the Client.
    3. The Client undertakes to:
      1. 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 MEH may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 10.2(a)(i) or 10.2(a)(ii);
      2. indemnify, and upon demand reimburse, MEH 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 registration made thereby;
        1. not register a financing change statement in respect of a security interest without the prior written consent of MEH;
        2. not register, or permit to be registered, a financing statement or a financing change statement in relation to the registration in favour of a third party without the prior written consent of MEH.
    4. MEH and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Client waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by MEH, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Client must unconditionally ratify any actions taken by MEH under clauses 10.2 to 10.5.
    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 the PPSA.
  11. Security and Charge
    1. In consideration of MEH agreeing to supply the Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    2. The Client indemnifies MEH from and against all MEH’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising MEH’s rights under this clause.
    3. The Client irrevocably appoints MEH and each director of MEH as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Client’s behalf.
  12. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    1. The Client must inspect the Equipment on Delivery and must within seven (7) days of such time notify MEH in writing, detailing the full particulars of any evident defect/damage, error or omission, discrepancy between the delivery docket and the Equipment delivered, or failure to comply with the description or quotation. The Client must notify any other alleged defect in the Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow MEH to inspect the Equipment. If the Client does not make a claim within seven (7) days of the date of Delivery, the Client is deemed to accept Delivery in accordance with the delivery docket and the description endorsed on that delivery docket. Subject to this clause 12, no claims can be made after the expiration of this seven (7) day period.
    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”).
    3. MEH acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, MEH makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. MEH’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    5. If the Client is a consumer within the meaning of the CCA, MEH’s liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If MEH is required to rectify, re-supply, or pay the cost of re-supplying any Equipment under this clause or the CCA, but is unable to do so, then the owner may refund any money the Client has paid for the supply of Equipment, but only to the extent that such refund shall take into account the value (pro-rata) of the Equipment (and services) which have been supplied to the Client which were not defective.
    7. If the Client is not a consumer within the meaning of the CCA, MEH’s liability for any defect or damage in the Equipment is:
      1. limited to the value of any express warranty, or warranty card, provided to the Client by MEH (in MEH’s sole discretion);
      2. otherwise negated absolutely.
    8. Notwithstanding clauses 12.1 to 12.7, but subject to the CCA, MEH shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:
      1. the Client failing to properly maintain or store the Equipment;
      2. the Client interfering with the Equipment in any way without MEH’s written approval to do so;
      3. the Client using the Equipment for any purpose other than that for which it was designed;
      4. the Client continuing the use of the Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      5. the Client failing to follow any instructions or guidelines provided by CSS;
      6. fair wear and tear, any accident, or act of God.
  13. Default and Consequences of Default
    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 the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Client owes MEH any money, the Client shall indemnify MEH from and against all costs and disbursements incurred by MEH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, MEH’s contract default fee, and bank dishonour fees).
    3. Further to any other rights or remedies MEH may have under this contract, if the Client has made payment to MEH and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by MEH under this clause 13 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.
    4. Without prejudice to MEH’s other remedies at law, MEH shall be entitled to cancel all, or any part, of any order of the Client which remains unfulfilled, and all amounts owing to MEH shall, whether or not due for payment, become immediately payable if:
      1. any money payable to MEH becomes overdue, or in MEH’s opinion the Client will be unable to make a payment when it falls due;
      2. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
  14. Cancellation
    1. Without prejudice to any other remedies MEH may have, if at any time the Client has committed a breach of any obligation (including where the Client is more than fourteen (14) days in arrears of payment/s to MEH) under these terms and conditions, MEH may suspend or terminate the supply of Equipment to the Client (and/or repossess the Equipment as per clause 8.1), and any of its other obligations under the terms and conditions. MEH will not be liable to the Client, by reason of the termination of this contract, for any damages, compensation or reimbursement on account of any loss (including loss of profits) or expenses suffered by the Client, or other financial commitments the Client may have had, or has, in relation to the hire of the Equipment, because MEH has exercised its rights under this clause.
    2. MEH may cancel any contract to which these terms and conditions apply, or cancel Delivery at any time before the Equipment is delivered, by giving written notice to the Client. On giving such notice MEH shall repay to the Client any money paid by the Client for the supply of Equipment. MEH shall not be liable for any loss or damage whatsoever arising from such cancellation.
    3. In the event that the Client cancels this contract, or Delivery, the Client shall be liable for any and all loss incurred (whether direct or indirect) by MEH as a direct result of the cancellation (including, but not limited to, any loss of profits).
  15. Privacy Act 1988
    1. The Client agrees for MEH 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 Client in relation to credit provided by MEH.
    2. The Client agrees that MEH may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
      1. to assess an application by the Client; and/or
      2. to notify other credit providers of a default by the Client; and/or
      3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
      4. to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
    3. The Client consents to MEH being given a consumer credit report to collect overdue payment on commercial credit.
    4. The Client agrees that personal credit information provided may be used and retained by MEH for the following purposes (and for other agreed purposes or required by):
      1. the supply of Equipment; and/or
      2. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the supply of Equipment; and/or
      3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
      4. enabling the collection of amounts outstanding in relation to the Equipment.
    5. MEH may give information about the Client to a CRB for the following purposes:
      1. to obtain a consumer credit report;
      2. allow the CRB to create or maintain a credit information file about the Client including credit history.
    6. The information given to the CRB may include:
      1. personal information as outlined in 15.1 above;
      2. name of the credit provider and that MEH is a current credit provider to the Client;
      3. whether the credit provider is a licensee;
      4. type of consumer credit;
      5. details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
      6. 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 Client no longer has any overdue accounts and MEH has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
      7. information that, in the opinion of MEH, the Client has committed a serious credit infringement;
      8. advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    7. The Client shall have the right to request (by e-mail) from MEH:
      1. a copy of the information about the Client retained by MEH and the right to request that MEH correct any incorrect information; and
      2. that MEH does not disclose any personal information about the Client for the purpose of direct marketing.
    8. MEH will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
    9. The Client can make a privacy complaint by contacting MEH via e-mail. MEH 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 Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
  16. Building and Construction Industry Security of Payment Act 2002
    1. At MEH’s 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 Payment Act 2002 may apply.
    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 Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.
  17. Service of Notices
    1. Any written notice given under this contract shall be deemed to have been given and received:
      1. by handing the notice to the other party, in person;
      2. by leaving it at the address of the other party as stated in this contract;
      3. by sending it by registered post to the address of the other party as stated in this contract;
      4. if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
      5. if sent by email to the other party’s last known email address.
    2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
  18. General
    1. The failure by MEH to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect MEH’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which MEH has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    3. Subject to clause 12, MEH shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by MEH of these terms and conditions. Alternatively, MEH’s liability shall be limited to damages, which under no circumstances shall exceed the Charges.
    4. Neither party to this contract may assign this contract, any payment or any other right, benefit or interest under this contract without the written consent of the other party (which shall not be unreasonably withheld). MEH may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of MEH’s sub-contractors without the authority of MEH.
    5. The Client agrees that MEH may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for MEH to provide Equipment to the Client.
    6. 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.
    7. Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent, and that this contract creates binding and valid legal obligations on them.