1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2 “Industrial Laser Solutions” means Industrial Laser Solutions Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Industrial Laser Solutions Pty Ltd.
1.3 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Industrial Laser Solutions to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Client, is a reference to each Client jointly and severally; and
(b) if the Client is a partnership, it shall bind each partner jointly and severally; and
(c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Client’s executors, administrators, successors and permitted assigns.
1.4 “Goods” means all Goods or Services supplied by Industrial Laser Solutions to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5 “Equipment” means all Equipment including any accessories supplied on hire by Industrial Laser Solutions to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Industrial Laser Solutions to the Client.
1.6 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.7 Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Industrial Laser Solutions website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
1.8 “Price” means the Price payable (plus any GST where applicable) for the Goods and/or Equipment hire as agreed between Industrial Laser Solutions and the Client in accordance with clause 5 below.
1.9 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
2.1 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 for or accepts delivery of the Goods/Equipment.
2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4 The Client acknowledges that the supply of Goods/Equipment on credit shall not take effect until the Client has completed a credit application with Industrial Laser Solutions and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Goods/Equipment requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Industrial Laser Solutions reserves the right to refuse delivery.
2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3.1 The Client acknowledges and accepts that Industrial Laser Solutions shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by Industrial Laser Solutions in the formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Industrial Laser Solutions in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Industrial Laser Solutions; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
4.1 The Client shall give Industrial Laser Solutions 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, change of trustees, or business practice). The Client shall be liable for any loss incurred by Industrial Laser Solutions as a result of the Client’s failure to comply with this clause.
5.1 At Industrial Laser Solutions sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Industrial Laser Solutions to the Client; or
(b) the Price as at the date of Delivery of the Goods/Equipment according to Industrial Laser Solutions current price list; or
(c) Industrial Laser Solutions quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of ninety (90) days.
5.2 Industrial Laser Solutions reserves the right to change the Price:
(a) if a variation to the Goods/Equipment which are to be supplied is requested. Any variation to orders for Goods/Equipment made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once the order has been placed; or
(b) in the event of increases to Industrial Laser Solutions in the cost of labour or Goods which are beyond Industrial Laser Solutions control.
5.3 Variations will be charged for on the basis of Industrial Laser Solutions quotation, and will be detailed in writing, and shown as variations on Industrial Laser Solutions invoice. The Client shall be required to respond to any variation submitted by Industrial Laser Solutions within ten (10) working days. Failure to do so will entitle Industrial Laser Solutions 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.
5.4 At Industrial Laser Solutions sole discretion, a non-refundable fifty percent (50%) deposit may be required.
5.5 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Industrial Laser Solutions, which may be:
(a) at Industrial Laser Solutions sole discretion :
(i) where Industrial Laser Solutions is supplying Goods only, payment is due before delivery/dispatch of the Goods; or
(ii) where Industrial Laser Solutions is to both supply and install Goods then payment is due the date which is ten (10) days following the installation of the Goods by Industrial Laser Solutions;
(b) the date specified on any invoice or other form as being the date for payment; or
(c)failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Industrial Laser Solutions.
5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Industrial Laser Solutions.
5.7 Industrial Laser Solutions may in its discretion allocate any payment received from the Client towards any invoice that Industrial Laser Solutions determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Industrial Laser Solutions may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Industrial Laser Solutions, payment will be deemed to be allocated in such manner as preserves the maximum value of Industrial Laser Solutions Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.
5.8 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Industrial Laser Solutions nor to withhold payment of any invoice because part of that invoice is in dispute.
5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Industrial Laser Solutions an amount equal to any GST Industrial Laser Solutions must pay for any supply by Industrial Laser Solutions under this or any other agreement for the sale of the Goods/hire of the Equipment. 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 Price. In addition, the Client 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.
6.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Goods/Equipment at Industrial Laser Solutions address; or
(b) Industrial Laser Solutions (or Industrial Laser Solutions nominated carrier) delivers the Goods/Equipment to the Client’s nominated address even if the Client is not present at the address.
6.2) At Industrial Laser Solutions sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
6.3) The Client must take Delivery by receipt or collection of the Goods/Equipment whenever either is tendered for Delivery. In the event that the Client is unable to take Delivery of the Goods/Equipment as arranged then Industrial Laser Solutions shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.
6.4) Industrial Laser Solutions may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.5) Any time specified by Industrial Laser Solutions for Delivery of the Goods/Equipment is an estimate only and Industrial Laser Solutions will not be liable for any loss or damage incurred by the Client as a result of Delivery being late.
7.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client 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 Client, Industrial Laser Solutions is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Industrial Laser Solutions is sufficient evidence of Industrial Laser Solutions rights to receive the insurance proceeds without the need for any person dealing with Industrial Laser Solutions to make further enquiries.
7.3 If the Client requests Industrial Laser Solutions to leave Goods outside Industrial Laser Solutions premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
7.4 The Client acknowledges that Industrial Laser Solutions is only responsible for Goods that are replaced by Industrial Laser Solutions, and in the event that other parts/components, subsequently fail, the Client agrees to indemnify Industrial Laser Solutions against any loss or damage thereto, or caused thereby, or any part thereof howsoever arising.
8.1 The Client shall ensure that the site is made available, and that Industrial Laser Solutions has clear and free access to the site at all times to enable them to undertake the Services. Industrial Laser Solutions shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Industrial Laser Solutions.
9.1 Industrial Laser Solutions and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Industrial Laser Solutions all amounts owing to Industrial Laser Solutions; and
(b) the Client has met all of its other obligations to Industrial Laser Solutions.
9.2 Receipt by Industrial Laser Solutions of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
9.3 It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 9.1:
(a) the Client is only a bailee of the Goods and must return the Goods to Industrial Laser Solutions on request;
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for Industrial Laser Solutions and must pay to Industrial Laser Solutions the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
(c) the Client 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 Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Industrial Laser Solutions and must pay or deliver the proceeds to Industrial Laser Solutions on demand;
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Industrial Laser Solutions and must sell, dispose of or return the resulting product to Industrial Laser Solutions as it so directs;
(e) the Client irrevocably authorises Industrial Laser Solutions to enter any premises where Industrial Laser Solutions believes the Goods are kept and recover possession of the Goods;
(f) Industrial Laser Solutions may recover possession of any Goods in transit whether or not Delivery has occurred;
(g) the Client 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 Industrial Laser Solutions;
(h) Industrial Laser Solutions may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
10.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
10.2 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 Goods/Equipment and/or collateral (account) – being a monetary obligation of the Client to Industrial Laser Solutions for Services – that have previously been supplied and that will be supplied in the future by Industrial Laser Solutions to the Client.
10.3 The Client 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 Industrial Laser Solutions 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 10.3(a)(i) or 10.3(a)(ii);
(b) indemnify, and upon demand reimburse, Industrial Laser Solutions 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/Equipment charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Industrial Laser Solutions;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment and/or collateral (account) in favour of a third party without the prior written consent of Industrial Laser Solutions;
(e) immediately advise Industrial Laser Solutions 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.
10.4 Industrial Laser Solutions 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.
10.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
10.7 Unless otherwise agreed to in writing by Industrial Laser Solutions, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
10.8 The Client must unconditionally ratify any actions taken by Industrial Laser Solutions under clauses 10.2 to 10.5.
10.9 Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
10.10 Only to the extent that the hire of the Equipment exceeds a two (2) year hire period with the right of renewal shall clause 10 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 10 will apply generally for the purposes of the PPSA.
11.1 In consideration of Industrial Laser Solutions agreeing to supply the Goods/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).
11.2 The Client indemnifies Industrial Laser Solutions from and against all Industrial Laser Solutions costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Industrial Laser Solutions rights under this clause.
11.3 The Client irrevocably appoints Industrial Laser Solutions and each director of Industrial Laser Solutions 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.
12.1 The Client must inspect the Goods/Equipment on Delivery and must within seven (7) days of Delivery notify Industrial Laser Solutions in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Industrial Laser Solutions to inspect the Goods/Equipment.
12.2 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). Industrial Laser Solutions acknowledges that nothing in these Terms and Conditions purports to exclude, restrict or modify the Non- Excluded Guarantees, which are different to, and separate from, any express warranty, which is given voluntarily by Industrial Laser Solutions. The time limit of Non-Excluded Guarantees varies depending on the Price and quality of the Goods/Equipment and may extend beyond any warranty given by Industrial Laser Solutions or the manufacturer of the Goods/Equipment. Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, Industrial Laser Solutions makes no express warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Goods/Equipment. Industrial Laser Solutions liability in respect of these warranties is limited to the fullest extent permitted by law. If the Client is a consumer within the meaning of the CCA, Industrial Laser Solutions liability is limited to the extent permitted by section 64A of Schedule 2, and the Client is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Client is also entitled to have the Goods/Equipment repaired or replaced if the Goods/Equipment fail to be of acceptable quality and the failure does not amount to a major failure. Because the Goods are shipped directly from overseas:
(a) if the Goods are found to be defective, it may not be possible to replace or repair the Goods within a reasonable time frame, or at all. Where this is the case, Industrial Laser Solutions will inform the Client if the Goods cannot be replaced or repaired, and the Client will be able to receive a full refund; and
(b) warranty information printed on packaging or inside does not necessarily apply to Australia. To preserve the integrity of the Goods, Industrial Laser Solutions has not tampered with the packaging to remove manufacturer instructions or inserts. As far as these inserts contain information on overseas warranties, these should be ignored.
12.3 Subject to this clause 12, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 12.1; and
(b) Industrial Laser Solutions has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’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.
12.4 Notwithstanding clauses 12.1 to 12.3 but subject to the CCA, Industrial Laser Solutions shall not be liable for any defect or damage:
(a) which may be caused or partly caused by or arise as a result of:
(i) the Client failing to properly maintain or store any Goods/Equipment;
(ii) the Client using the Goods/Equipment for any purpose other than that for which they were designed;
(iii) the Client continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(iv) the Client failing to follow any instructions or guidelines provided by Industrial Laser Solutions or manufacturer;
(v) normal/fair wear and tear, any accident, or act of God.
(b) to, or caused by, consumable parts (such as, chucks, collets, chisels, sockets, pads, blades, filters, lubricants, etc.).
12.5 Industrial Laser Solutions may, at their sole discretion, provide an extended (express) warranty to the Client subject to the conditions therein.
12.6 In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Industrial Laser Solutions as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that Industrial Laser Solutions has agreed to provide the Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 12.4.
12.7 Industrial Laser Solutions may in its absolute discretion accept non-defective Goods for return in which case Industrial Laser Solutions may require the Client to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
12.8 Notwithstanding anything contained in this clause if Industrial Laser Solutions is required by a law to accept a return then Industrial Laser Solutions will only accept a return on the conditions imposed by that law.
12.9 The Client acknowledges that any applicable shipping charges shall be the responsibility of the Client for any repair or replacement of the Goods falling outside of the provisions of the warranty and/or Non-Excluded Guarantees.
13.1 Where Industrial Laser Solutions has designed, drawn or developed Goods/Equipment for the Client, then the copyright in any designs and drawings and documents shall remain the property of Industrial Laser Solutions. Under no circumstances may such designs, drawings and documents be used without the express written approval of Industrial Laser Solutions.
13.2 The Client warrants that all designs, specifications or instructions given to Industrial Laser Solutions will not cause Industrial Laser Solutions to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Industrial Laser Solutions against any action taken by a third party against Industrial Laser Solutions in respect of any such infringement.
13.3 The Client agrees that Industrial Laser Solutions may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Industrial Laser Solutions has created for the Client.
14.1 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 Industrial Laser Solutions sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2 If the Client owes Industrial Laser Solutions any money the Client shall indemnify Industrial Laser Solutions from and against all costs and disbursements incurred by Industrial Laser Solutions in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Industrial Laser Solutions contract default fee, and bank dishonour fees).
14.3 Further to any other rights or remedies Industrial Laser Solutions may have under this Contract, if a Client has made payment to Industrial Laser Solutions, 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 Industrial Laser Solutions under this clause 14 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.
14.4 Without prejudice to Industrial Laser Solutions other remedies at law Industrial Laser Solutions shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Industrial Laser Solutions shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Industrial Laser Solutions becomes overdue, or in Industrial Laser Solutions opinion the Client will be unable to make a payment when it falls due;
(b) the Client has exceeded any applicable credit limit provided by Industrial Laser Solutions;
(c) 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
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15.1 Without prejudice to any other remedies Industrial Laser Solutions may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Industrial Laser Solutions may suspend or terminate the supply of Goods/Equipment to the Client. Industrial Laser Solutions will not be liable to the Client for any loss or damage the Client suffers because Industrial Laser Solutions has exercised its rights under this clause.
15.2 Industrial Laser Solutions may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods/Equipment at any time before the Goods/Equipment are due to be delivered by giving written notice to the Client. On giving such notice Industrial Laser Solutions shall repay to the Client any money paid by the Client for the Goods/Equipment. Industrial Laser Solutions shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.3 In the event that the Client cancels Delivery of the Goods/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Industrial Laser Solutions as a direct result of the cancellation (including, but not limited to, any loss of profits).
15.4 Cancellation of orders for Goods/Equipment made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
16.1 All emails, documents, images or other recorded information held or used by Industrial Laser Solutions is Personal Information, as defined and referred to in clause 16.3, and therefore considered Confidential Information. Industrial Laser Solutions acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Industrial Laser Solutions acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Industrial Laser Solutions that may result in serious harm to the Client, Industrial Laser Solutions will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
16.2 Notwithstanding clause 16.1, privacy limitations will extend to Industrial Laser Solutions in respect of Cookies where the Client utilises Industrial Laser Solutions website to make enquiries. Industrial Laser Solutions agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to Industrial Laser Solutions when Industrial Laser Solutions sends an email to the Client, so Industrial Laser Solutions may collect and review that information (“collectively Personal Information”)
If the Client consents to Industrial Laser Solutions use of Cookies on Industrial Laser Solutions website and later wishes to withdraw that consent, the Client may manage and control Industrial Laser Solutions privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
16.3 The Client agrees for Industrial Laser Solutions to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Industrial Laser Solutions.
16.4 The Client agrees that Industrial Laser Solutions may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) 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
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
16.5 The Client consents to Industrial Laser Solutions being given a consumer credit report to collect overdue payment on commercial credit.
16.6 The Client agrees that personal credit information provided may be used and retained by Industrial Laser Solutions for the following purposes (and for other agreed purposes or required by):
(a)the provision of Goods/Equipment; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods/Equipment.
16.7 Industrial Laser Solutions may give information about the Client 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 Client including credit history.
16.8 The information given to the CRB may include:
(a)Personal Information as outlined in 16.3 above;
(b) name of the credit provider and that Industrial Laser Solutions is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) 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);
(f) advice of consumer credit defaults (provided Industrial Laser Solutions is a member of an approved OAIC External Disputes Resolution Scheme),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 Industrial Laser Solutions has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of Industrial Laser Solutions, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
16.9 The Client shall have the right to request (by e-mail) from Industrial Laser Solutions:
(a) a copy of the Personal Information about the Client retained by Industrial Laser Solutions and the right to request that Industrial Laser Solutions correct any incorrect Personal Information; and
(b) that Industrial Laser Solutions does not disclose any Personal Information about the Client for the purpose of direct marketing.
16.10 Industrial Laser Solutions 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.
16.11 The Client can make a privacy complaint by contacting Industrial Laser Solutions via e-mail. Industrial Laser Solutions 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.
17.1 Where the Client has left any item with Industrial Laser Solutions for repair, modification, exchange or for Industrial Laser Solutions to perform any other service in relation to the item and Industrial Laser Solutions has not received or been tendered the whole of any monies owing to it by the Client, Industrial Laser Solutions shall have, until all monies owing to Industrial Laser Solutions are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
17.2 The lien of Industrial Laser Solutions shall continue despite the commencement of proceedings, or judgment for any monies owing to Industrial Laser Solutions having been obtained against the Client.
18.1 Equipment shall at all times remain the property of Industrial Laser Solutions and is returnable on demand by Industrial Laser Solutions. In the event that Equipment is not returned to Industrial Laser Solutions in the condition in which it was delivered Industrial Laser Solutions retains the right to charge the Client the full cost of repairing the Equipment. In the event that Equipment is not returned at all Industrial Laser Solutions shall have right to charge the Client the full cost of replacing the Equipment.
18.2 The Client shall:
(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment;
(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment;
(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Industrial Laser Solutions to the Client.
18.3 The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, Industrial Laser Solutions interest in the Equipment and agrees to indemnify Industrial Laser Solutions 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 or persons 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.
18.4 Notwithstanding the above clause, immediately on request by Industrial Laser Solutions the Client will pay:
(a) any lost hire charges Industrial Laser Solutions would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
(b) any insurance excess payable in relation to a claim made by either the Client or Industrial Laser Solutions in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Client and irrespective of whether charged by the Client’s insurers or Industrial Laser Solutions.
18.5 Return of the Equipment (“Return”) will be completed when the:
(a) Equipment is returned by the Client to Industrial Laser Solutions place of business; or
(b) Supplier takes back possession of the Equipment once collection by Industrial Laser Solutions is affected.
19.1 Any written notice given under this Contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this Contract;
(c) by sending it by registered post to the address of the other party as stated in this Contract;
(d) 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;
(e) if sent by email to the other party’s last known email address.
19.2 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.
20.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Industrial Laser Solutions may have notice of the Trust, the Client covenants with Industrial Laser Solutions as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of Industrial Laser Solutions (Industrial Laser Solutions will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
21.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’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.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which Industrial Laser Solutions has its principal place of business, and are subject to the jurisdiction of the Parramatta Courts in New South Wales.
21.3 Subject to clause 12, Industrial Laser Solutions 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 Industrial Laser Solutions of these terms and conditions (alternatively Industrial Laser Solutions liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
21.4 Industrial Laser Solutions may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
21.5 The Client cannot licence or assign without the written approval of Industrial Laser Solutions.
21.6 Industrial Laser Solutions 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 Industrial Laser Solutions sub-contractors without the authority of Industrial Laser Solutions.
21.7 The Client agrees that Industrial Laser Solutions may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to 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 Industrial Laser Solutions to provide Goods/Equipment to the Client.
21.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
21.9 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.