Rent-To-Buy Terms & Conditions

STANDARD CONDITIONS OF SALE APPLYING TO PRODUCTS PROVIDED UNDER RENT-TO-BUY BY PACKSERV PTY LTD ABN 34 113 829 655.

GENERAL

All Rent-To-Buys provided by Packserv PTY LTD (ABN 34 113 829 655) are subject to the following terms and conditions. Any order that contains terms and conditions in addition to or inconsistent with the following shall not be binding upon Packserv unless acceptance thereof is made in writing by an officer of Packserv.

Failure of Packserv to object to provisions contained in any purchase order or other communication from a BUYER shall not be construed as a waiver of these conditions nor an acceptance of any such provision.

Specific quotations showing definite quantities must be made for each order and are subject to immediate acceptance.

No orders shall be binding on Packserv until accepted in writing by Packserv.

Packserv reserves the right to correct clerical and stenographic errors at any time.

Packserv represents that in the manufacture of its products and performance of its service it has complied with all applicable provisions, regulations and orders under the FAIR WORK AUSTRALIA Act 2009.

No person, agent, firm or dealer is authorised to modify or amend these Packserv Standard Conditions of Sale unless specifically set forth and acknowledged in writing by an officer of Packserv.

1. Definitions

Contract means the sale/hire/rent-to-buy/agreement or invoice, for which these terms and conditions contained herein apply, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.

Seller/Supplier/Hirer means Packserv Pty Ltd (Packserv)

Packserv means Packserv Pty Ltd (ABN 34 113 829 655) or any person acting on behalf of and with the authority of Packserv Pty Ltd.

Purchaser/Client/Hire means the person/s, entities or any person acting on behalf of and with the authority of the Purchaser, to whom Packserv sells or supplies, or proposes to sell or supply, Goods in any proposal, quotation, order, invoice, or other documentation, and:

• if there is more than one Client, is a reference to each Client jointly and severally: and
• if the Client is a partnership, it shall bind each partner jointly and severally; and
• if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
• includes the Client’s executors, administrators, successors and permitted assigns.

Equipment means all Equipment” (hereby referred to as including machinery, parts, accessories, shipping crates and any other items provided relating to the contract of sale) and where the context so permits shall include any incidental supply of services). The equipment shall be as described on any, quotation, invoice, or any other document or form as provided by Packserv to the Client and shall be subject to these terms and conditions which shall, subject to such variations, modifications, exclusions, or additions as may be agreed upon in writing between the parties, constitute the entire agreement between the parties.

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, date of birth, occupation, driver’s licence details, electronic contact (email, or social media).

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 ordering from the 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 ordering Equipment via the website.

Charges means the cost as agreed between Packserv and the Buyer.

GST means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.

Deposit means a payment made to secure or guarantee a buyer’s performance of the contract. It is considered “security for completion of the purchase”, and unconditional on the actual performance of the contract. A deposit forms part of the whole purchase price and is not refundable if the buyer cancels the contract before completion.

Part Payment differs in law from a deposit. Packserv does not accept nor facilitate part payments under any circumstances. 

2. Acceptance

(i) 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 Equipment.

(ii) 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, or if any clause or part thereof within this contract is deemed unenforceable, the remaining terms of this Contract shall prevail.

(iii) Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

(iv) Packserv reserves the right to refuse Delivery of goods and/or services if the request exceeds the Clients payment terms.

(v) Both parties acknowledge and agree that this Contract does not constitute a partnership between the parties or constitute one party as agent or representative of another.

(vi) 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.

(vii)These terms and conditions may be meant to be read in conjunction with Packserv’s Service Maintenance Contract (including any schedules or appendices), and:

(viii) Where the context so permits, the terms ‘Goods’ or ‘Services’ shall include any supply of Equipment, services, and parts, as defined therein; and

(ix) If there are any inconsistencies between the two documents, then the terms and conditions contained herein shall prevail.

3. Errors and Omissions

The Client acknowledges and accepts that Packserv shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(i) Resulting from an inadvertent mistake made by Packserv in the formation and/or       administration of this Contract; and/or

(ii) Contained in/omitted from any literature (hard copy and/or electronic) supplied by Packserv in respect of the Equipment hire and/or/services.

(iii) In the event such an error and/or omission occurs in accordance with clause 1 and is not attributable to the negligence and/or wilful misconduct of Packserv; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

4. Change in Control

The Client shall give Packserv 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 and contact phone or fax number/s, change of trustees or business practice, or the location of equipment). The Client shall be liable for any loss incurred by Packserv as a result of the Client’s failure to comply with this clause.

5. Charges and Payment

At Packserv’s sole discretion the Charges shall be either:

• As noted on our quote document,
• As amended from the original amounts quoted, varied in accordance with these terms and conditions.

Packserv reserves the right to change the Charges:

• If a variation to the Goods and Services supplied is requested; or
• Where additional or different Equipment or Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, changes in packaging or product, location, environment, available skills, obstructed access, incorrect container specifications received from the Client, inclement weather, etc.) which are only discovered upon commencement of the Services; or
• With regards to technical services, in the event of increases to Packserv in the cost of labour or materials (including but not limited breakages of Equipment on hire upon return), which are beyond Packserv’s control.
• Variations will be charged for on the basis of Packserv’s quotation, and will be detailed in writing, and shown as variations on Packserv’s invoice. The Client shall be required to respond to any variation submitted by Packserv within ten (10) working days. Failure to do so will entitle Packserv to add the cost of the variation to the Charges. Payment for all variations must be made in full at the time of their completion.
• At Packserv’s sole discretion, a deposit (in the form of a bond) may be required at the commencement of this Contract.

Time for payment for the provision of Goods and Services being of the essence, the Charges will be payable by the Client on the date/s determined by Packserv, which may be:

• Monthly in advance of the Rent-To-Buy period commencing; or
• On Delivery of the Equipment; or
• By way of instalments/progress payments in accordance with a Packserv’s payment schedule stipulated by Packserv accounts; or
• Within 7 days of an official letter of demand being issued by Packserv for any unpaid accounts; or
• The date specified on any invoice or other form as being the date for payment; or
• Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Packserv.

Payment may be made by electronic/on-line banking, credit card (a surcharge per transaction may apply) or by any other method as agreed to between the Client and Packserv.

Packserv may in its discretion allocate any payment received from the Client towards any invoice that Packserv determines and may do so at the time of receipt or at any time afterwards.

On any default by the Client Packserv may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Packserv, payment will be deemed to be allocated in such manner as preserves the maximum value of Packserv’s Purchase Money Security Interest (as defined in the PPSA) in the Equipment.

If any part of an invoice is in dispute, then the Client shall notify Packserv in writing within fourteen (14) business days once in receipt of the invoice, then the Client may only withhold payment for that part of the invoice that is in dispute and shall pay the balance of the invoice when due.

Unless otherwise stated the Charges do not include GST. In addition to the Charges the Client must pay to Packserv an amount equal to any GST Packserv must pay for any supply by Packserv under this or any other Contract for the provision of goods and services. 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 that may be applicable in addition to the Charges except where they are expressly included in the Charges.

Receipt by Packserv 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.

6. Rent-To-Buy Period

• Our service charges commence as soon as we begin preparing your order and/or equipment or commence travel arrangements. They cease when the equipment has arrived back to us complete and in good working order, or we arrive back from our travel, or our services are complete. If you elect not to fulfil your requirements of the Rent-To-Buy, fail to pay your account, or the equipment is either returned or repossessed and repairs and other work is required, charges will continue until such time as all the equipment is returned to good working order and any such additional work or costs will be charged to you or deducted from your credit card.
• No allowance whatsoever can be made for time during which the Equipment is not in use for any reason.

7. Delivery

Delivery of the Equipment is taken to occur at the time that:

• The Client or the Client’s nominated carrier takes possession of the Equipment at Packserv’s premises; or
• Packserv (or Packserv’s nominated carrier) delivers the Equipment to the Client’s nominated address even if the Client is not present at the address.
• At Packserv’s sole discretion the cost of Delivery is in addition to the Charges.
• Packserv may deliver the Equipment by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
• Any time specified by Packserv for Delivery of the Equipment is an estimate only and Packserv will not be liable for any loss or damage incurred by the Client as a result of a change to delivery time. However, both parties agree that they shall make every endeavour to enable the Equipment to be supplied at the time and place as was arranged between both parties.
• In the event that Packserv is unable to supply the Equipment as agreed solely due to any action or inaction of the Client, then Packserv shall be entitled to charge a reasonable fee for re-supplying the Equipment at a later time and date, and/or for storage of the Equipment.

8. Risk

• Packserv retains ownership of and title to the Equipment until such time as the final payment for the purchase has been received by Packserv, nonetheless all risk for the Equipment passes to the Client on Delivery.
• The Client accepts full responsibility for the safekeeping of the Equipment and indemnifies Packserv for all loss, theft, or damage to the Equipment 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.
• The Client will insure, or self-insure, Packserv’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 affect adequate Public Liability Insurance covering any loss, damage injury from/to property arising out 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.
• The Client accepts full responsibility for and shall keep Packserv indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the 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.
• Packserv shall not be responsible for any losses, damages, or inconveniences incurred by Client arising from the performance of machines or failure to achieve desired outcomes as a result of the products or services provided. The Client acknowledges that the use of machines and the outcomes achieved are subject to various factors beyond the control of Packserv, including but not limited to technical limitations, environmental conditions, human error and external influences. As such, the Client agrees to indemnify and hold Packserv harmless from any claims, liabilities, losses, expenses, or demands, including reasonable attorney’s fees, arising out of or related to the machine performance or failure to achieve desired outcomes. In no event shall Packserv be liable to the Client or any third party for any indirect, consequential, special, or incidental damages, including, but not limited to, loss of profits or business interruption, even if Packserv has been advised of the possibility of such damages. This indemnity shall survive the termination or expiration of the agreement between the Provider and the Client. The Client’s exclusive remedy for any claims arising under or in connection with this agreement shall be limited to the amount paid by the Client to the Provider for the specific services giving rise to the claim. By entering into this agreement, the Client acknowledges that it has read and understood this indemnity clause and voluntarily agrees to its terms.

9. Title

• The Equipment is and will at all times remain the absolute property of Packserv until fully paid for, and the Client must return the Equipment to Packserv upon request.
• If the Client fails to return the Equipment to Packserv as is required under this Contract, when requested to do so, or if the Clients account is in arrears then Packserv or Packserv’s agent may (as the invitee of the Client) enter upon and into any land and premises owned, occupied or used by the Client, or any premises where the Equipment is situated and take possession of the Equipment, without being responsible for any damage thereby caused. Any costs incurred by Packserv as a result of Packserv so repossessing the Equipment shall be charged to the Client.
• The Client is not authorised to pledge Packserv’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

10. Personal Property Securities Act 2009 (“PPSA”)

• In this clause, financing statement, financing change statement, security agreement, and security interest, has the meaning given to it by the PPSA
• 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 that has previously been supplied and that will be supplied in the future by Packserv to the Client.

The Client undertakes to:

• 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 Packserv may reasonably require to:
• Register any other document required to be registered by the PPSA; or
• Correct a defect in a statement referred to in clause 3(a)(i) or 10.3(a)(ii).
• Not register a financing change statement in respect of a security interest without the prior written consent of Packserv.
• Not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the prior written consent of Packserv.
• Packserv 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.
• The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
• The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
• Unless otherwise agreed to in writing by Packserv, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
• The Client must unconditionally ratify any actions taken by Packserv under clauses 3 to 10.5.
• 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 the PPSA.

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

• The Client must inspect the Equipment on Delivery and must immediately notify Packserv 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 Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Packserv to inspect the Equipment.
• 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).
• Packserv acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
• Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Packserv makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Equipment. Packserv’s 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, Packserv’s liability is limited to the extent permitted by section 64A of Schedule 2.
• If Packserv is required to rectify, re-supply, or pay the cost of re-supplying any services or Equipment under this clause or the CCA, but is unable to do so, then Packserv may refund any money the Client has paid for the services or Equipment but only to the extent that such refund shall take into account the value of any services or Equipment and consumables which have been provided to the Client which were not defective.
• If the Client is not a consumer within the meaning of the CCA, Packserv’s liability for any defect or damage in the services or Equipment is:
• Limited to the value of any express warranty or warranty card provided to the Client by Packserv at Packserv’s sole discretion.
• Limited to any warranty to which Packserv is entitled, if Packserv did not manufacture the Equipment.
• Otherwise negated absolutely.

Notwithstanding clauses 1 to 12.7 but subject to the CCA, Packserv shall not be liable for any defect or damage which may be caused or partly caused by, or arise as a result of:

• The Client failing to properly maintain or store any Equipment.
• The Client interfering with the Equipment in any way without Packserv’s written approval to do so.
• The Client using the Equipment for any purpose other than that for which it was designed.
• 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.
• The Client failing to follow any instructions or guidelines provided by Packserv.
• Wear and tear, mistreatment, misuse, absence of proper training, any accident, or act of God.

The Client shall:

• Ensure that the operator of any Equipment is not under the influence of alcohol or any drug that may impair their ability to operate the Equipment.
• Ensure that all persons operating Equipment are suitably instructed in the Equipment’s safe and proper use.
• Maintain the Equipment as is required by Packserv (including, but not limited to, maintaining (where applicable) cleaning, lubricating, checking water, oil and fluid levels);
• Ensure that all reasonable care is taken by the operator in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use.
• Be liable for any parking or traffic infringement, impoundment, towage and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Packserv relating to any such matters or occurrences.
• Not carry any animals or object that is illegal, prohibited, or dangerous on, or in, the Equipment supplied without the prior written permission of Packserv.
• Not exceed the recommended or legal load and capacity limits of the Equipment.
• Notify Packserv immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Client is not absolved from the requirements to safeguard the Equipment by giving such notification.
• Satisfy itself at commencement that the Equipment is suitable for its purposes.
• Operate the Equipment safely, strictly in accordance with the law, only for its intended use, and in accordance with any manufacturer’s instruction whether supplied by Packserv or posted on the Equipment.
• Comply with all work health and safety laws relating to the Equipment and its operation.
• Be liable for administering the necessary OH&S requirements for the safety of personnel and equipment inside their facility and around our machinery.
• On termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Packserv (or Packserv’s designated employee);
• Keep the Equipment in their own possession and control and shall not assign the benefit of the hire Contract nor be entitled to take a lien, or grant any encumbrance over the Equipment, or move to another location.
• 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.
• Use the Equipment solely for the Client’s own works and shall not permit the Equipment of any part thereof to be used by any other party for any other work without prior written consent.
• The Client agrees that Packserv may register a security interest as a Purchase Money Security Interest (“PMSI”) for the purposes of the PPSA in favour of the Client over the Equipment supplied.

Immediately pay on request by Packserv:

• All costs incurred in cleaning the Equipment.
• All costs of repairing any damage caused by the ordinary use of the Equipment.
• The cost of parts and consumables provided by Packserv and used by the Client.
• The cost of repairing any damage to the Equipment caused by wilful or negligent actions of the Client or the Client’s employees.
• The cost of repairing any damage to the Equipment caused by vandalism, or (in Packserv’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Client.
• The new list Charges of any Equipment, accessories or consumables that are for whatever reason destroyed, written off or not returned to Packserv.
• Any costs incurred by Packserv in picking up and returning the Equipment to its premises if the Client does not return the Equipment to Packserv’s premises or any pre-agreed pickup location when it was originally agreed that the Client would do so in writing.
• Any lost hire fees Packserv would have otherwise been entitled to for the Equipment, under this, or any other Contract.
• Any insurance excess payable in relation to a claim made by either the Client or Packserv 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 Packserv’s.

Cancellation

• Without prejudice to any other remedies Packserv may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms of hire Packserv may repossess the Equipment as per clause 2 or suspend or terminate the supply of Equipment to the Client and any of its other obligations under the terms and conditions. Packserv will not be liable to the Client for any loss or damage the Client suffers because Packserv has exercised its rights under this clause.

Packserv reserves the absolute right to:

• Cancel, terminate, or determine this Contract.
• Immediately repossess the Equipment at any time before or during the hire period, without reason, without prior notice, without payment of compensation and without prejudice to any other rights which Packserv may have against the Client. Packserv or its agents may enter any property or premises as per clause 9.2 where the Equipment may be kept, for this purpose.
• In addition to clause 1 in these terms and conditions, Packserv shall be entitled to cancel the Contract if:
• Packserv reasonably believes that a third party may attempt to take possession of the Equipment.
• The Equipment is at risk.
• In the event that the Client wishes to cancel this Contract then the Client agrees to notify Packserv of the termination of the hire by either telephone or email. At Packserv’s sole discretion, the Client shall remain liable for any and all loss incurred (whether direct or indirect) by Packserv as a direct result of the cancellation (including, but not limited to, any loss of profits) such as:
• All hire charges due up to the time of cancellation until such notice is given; or
• A five percent (5%) cancellation fee may apply to the total cost of the Equipment on all agreed terms.
• Determine whether or not a refund is due for the termination of any contract or supply of goods, based on the amount of payments made to date, and the costs to Packserv of the provision of goods and services to that date.

Default and Consequences of Default

• Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month (and at Packserv’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment until such time as the account is up to date.
• If the Client owes Packserv any money the Client shall indemnify Packserv from and against all costs and disbursements incurred by Packserv in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Packserv’s contract default fee, and bank dishonour fees).
• Further to any other rights or remedies Packserv may have under this Contract, if the Client has made payment to Packserv, 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 Packserv 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.

Without prejudice to Packserv’s other remedies at law Packserv shall be entitled to cancel all or any part of any order of the Client which remains unperformed and all amounts owing to Packserv shall, whether or not due for payment, become immediately payable in the event that:

• Any money payable to Packserv becomes overdue, or in Packserv’s opinion the Client will be unable to meet its payments as they fall due; or
• The Client has exceeded any applicable credit limit provided by Packserv.
• 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
• A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Service and Maintenance

• For a period of 12 months on new or 3 months on second hand, equipment will be supplied with a parts only warranty.
• Depending on the cause of the failure, location of the Client, their level of engagement with Packserv, and the fault of the machine, Packserv may provide onsite or in house service at no charge, or Packserv reserves the right to charge any other costs than the failed parts at normal rates.
• Should assistance be required outside of normal business hours (Monday-Friday, 9am-5pm) after-hours charges shall apply regardless of machinery fault or failure. This includes but is not limited to deliveries and pickups, collections and returns, installations and technical services, break-down and technical support. Should you require any warranty inclusive of services during normal business hours this will be scheduled with the next available technician on the first available working day in keeping with our booking priority policies.

Privacy Policy

• All emails, documents, images, or other recorded information held or used by Packserv is Personal Information, as defined and referred to in clause 3, and therefore considered Confidential Information. Packserv 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”). Packserv acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by Packserv that may result in serious harm to the Client, Packserv 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.
• Notwithstanding clause 1, privacy limitations will extend to Packserv in respect of Cookies where transactions for purchases/orders transpire directly from Packserv’s website. Packserv 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:
• IP address, browser, email client type and other similar details.
• Tracking website usage and traffic; and
• Reports are available to Packserv when Packserv sends an email to the Client, so Packserv may collect and review that information (“collectively Personal Information”)

In order to enable / disable the collection of Personal Information by way of Cookies, 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 proceeding with a purchase/order via Packserv’s website.

• The Client agrees for Packserv 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 licence 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 Packserv.
• The Client agrees that Packserv may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
• To assess an application by the Client; and/or
• To notify other credit providers of a default by the Client; and/or
• 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
• To assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
• The Client consents to Packserv being given a consumer credit report to collect overdue payment on commercial credit.
• The Client agrees that personal credit information provided may be used and retained by Packserv for the following purposes (and for other agreed purposes or required by):
• The provision of Goods/Equipment; and/or
• Analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
• Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
• Enabling the collection of amounts outstanding in relation to the Goods/Equipment.
• Packserv may give information about the Client to a CRB for the following purposes:
• To obtain a consumer credit report.
• Allow the CRB to create or maintain a credit information file about the Client including credit history.
• The information given to the CRB may include:
• Personal Information as outlined in 3 above.
• Name of the credit provider and that Packserv is a current credit provider to the Client.
• Whether the credit provider is a licencee.
• Type of consumer credit.
• 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).
• 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 Packserv has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
• Information that, in the opinion of Packserv, the Client has committed a serious credit infringement.
• Advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
• The Client shall have the right to request (by e-mail) from Packserv:
• A copy of the Personal Information about the Client retained by Packserv and the right to request that Packserv correct any incorrect Personal Information; and
• That Packserv does not disclose any Personal Information about the Client for the purpose of direct marketing.
• Packserv 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.
• The Client can make a privacy complaint by contacting Packserv via e-mail. Packserv will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to decide 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 oaic.gov.au.

Service of Notices

Any written notice given under this Contract shall be deemed to have been given and received:

• By handing the notice to the other party, in person.
• By leaving it at the address of the other party as stated in this Contract.
• By sending it by registered post to the address of the other party as stated in this Contract.
• 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.
• If sent by email to the other party’s last known email address.
• 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.

Trusts

• 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 Packserv may have notice of the Trust, the Client covenants with Packserv as follows:
• The Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund.
• 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.
• The Client will not without consent in writing of Packserv (Packserv will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events.
• The removal, replacement, or retirement of the Client as trustee of the Trust.
• Any alteration to or variation of the terms of the Trust.
• Any advancement or distribution of capital of the Trust; or
• Any resettlement of the trust property.

General

• 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.
• 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 Packserv has its principal place of business.
• Subject to clause 12, Packserv 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 Packserv of these terms and conditions (alternatively Packserv’s liability shall be limited to damages which under no circumstances shall exceed the Charges).
• Packserv may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
• The Client cannot assign or licence without the written approval of Packserv.
• Packserv may elect to subcontract out any part of the provision 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 Packserv’s sub-contractors without the authority of Packserv.
• The Client agrees that Packserv 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 Packserv to provide Equipment on hire to the Client.
• Packserv shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or any other event beyond the reasonable control of either party.
• 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.

QUOTATIONS

All quotations shall remain valid for seven days unless otherwise agreed in writing.

PRICE

1. i)The quotation prices are ex-works Packserv’s Sydney or Melbourne depots. GST will be itemised separately.
2. ii)In addition to the quotation price the purchaser shall be liable, for the following disbursements if incurred, which shall be payable upon demand by Packserv whether or not the equipment, the subject of this contract, has been delivered.

• Storage fees incurred by the company due to delivery of the equipment being delayed by any failure or refusal on the part of the Buyer to forward dispatch instructions or accept delivery.
• Insurance premiums in respect of any insurances arranged by the Company on behalf of the Buyer pursuant to this agreement.

PRICE VARIATION

1. i)The confirmed price will remain valid for 7 days only, after which a further confirmed price will be given.
2. ii)Due to the volatility in the international currency markets, pricing will be confirmed upon quotation or invoicing and that price shall remain valid FOR 24 hours ONLY. If payment is made after this, Packserv will contact the Buyer regarding any significant price variation. Should any fluctuation result in a reduction in costs, those reductions will be passed on to the Buyer.

iii) Freight is quoted on approximate weight and dimensions – once machines have been completed and prior to dispatch this can change, simply because most machines are made to order and this can sometimes affect the weight or CBM profile.

TERMS OF PAYMENT

In addition to the terms set out in paragraph below. The terms of payment are specified on the Packserv quotation and subject to the following terms:

• Subject to the provisions of the Competition and Consumer Act 2010, should the Buyer, for any reason, cancel or fail to proceed to completion any order for goods, any monies paid will be considered forfeit and non-returnable to the Buyer.  
• Non-refundable deposits are intended to protect the seller in circumstances of sudden cancellation and to compensate the business for the time, effort and money expended up to that point. Packserv undertake that any non-refundable deposit that they charge in these circumstances is reasonable and proportionate with reference to protecting their legitimate business interests and is not excessive and never used as a ‘penalty’ against a customer or client.
• In the event that the Buyer cancels or fails to proceed to completion the Buyer agrees to reimburse Packserv for reasonable costs incurred for any design enhancement or changes, modifications, or alterations carried out at the request of the Buyer to the original design and specification of the machinery
• Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

CANCELLATION

1. i)If a Buyer cancels all or part of an Order without cause, the Client agrees to reimburse Packserv for its direct expenses incurred to fulfill that Order through the cancellation date.
2. ii)No order which has been accepted by Packserv may be cancelled by the Client except with the agreement in writing by Packserv within five (5) days of verbal communication and on terms that the Client will indemnify Packserv in full against all loss (including loss of profit), costs (including the cost of labour and materials used), damages, charges and expenses incurred by Packserv as a result of cancellation.

iii) The BUYER will reimburse Packserv for all direct costs incurred as of the date of cancellation with respect to the product, including but not limited to engineering, design and development costs, material costs, freight costs, manufacturing labour and overhead costs, inventory costs, plus all other costs related to the cancelled order.

1. iv)Any products which are within thirty (30) calendar days of completion are to be completed by Packserv and paid for by the BUYER in full under these Standard Conditions of Sale.

• Such penalty shall be immediately due and payable upon order cancellation.
• Any and all deposits made by BUYER to Packserv will be applied toward such reimbursements of costs.

DELIVERY

1. i)Packserv retains ownership of the equipment until all risk for the equipment passes to the Buyer on delivery.
2. ii)Delivery of the equipment is taken to occur at the time that:

• The Buyer or the Buyer’s nominated carrier takes possession of the equipment at the Buyer’s premises; or
• Packserv’s, (or Packserv’s nominated carrier) delivers the equipment to the Buyer’s nominated address, even if the Buyer is not present at the address.

iii) Shipping dates set forth by Packserv are approximate, based on conditions existing at the time the estimate is made, and are contingent upon the Buyer promptly supplying all necessary information, approvals and payments to Packserv. Such estimates are not a guarantee as to shipment and Packserv accepts no responsibility for any delays which may occur.

1. iv)Packserv may deliver the equipment by instalments and any delay by Packserv in the delivery of any instalment shall not render it liable in damages to the Buyer or give the Buyer the right to cancel this contract or refuse delivery of any future instalments.
2. v)Delivery times are given in good faith at the time of quotation but are not guaranteed. Packserv will not be responsible in any way for loss of production or any other costs incurred by the Buyer as a result of a late delivery unless otherwise specified in writing and agreed by Packserv.
3. vi)The Buyer shall at the Buyer’s expense provide labour, cranes or forklift and reasonable access to point of delivery for offloading of Goods without delay.

vii) Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

viii) If the Buyer does not take delivery of the Goods, Packserv may, at Packserv’s discretion and without prejudice to any other rights:

• store or arrange for the storage of the Goods and will charge the Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
• make arrangements for the redelivery of the Goods and will charge Buyer for the costs of such redelivery; and/or
• after 10 business days, resell or otherwise dispose of part or all of the Goods and charge the Buyer for any shortfall below the price of the Goods.

1. ix)If redelivery is not possible as set out above, the Buyer must collect the Goods from Packserv’s premises and will be notified of this. Packserv can charge the Buyer for all associated costs including, but not limited to, storage and insurance.
2. x)Any dates quoted for delivery are approximate only. Packserv will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond Packserv’s control or Buyer’s failure to provide Packserv with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3. xi)Packserv can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle Buyer to cancel any other instalment.

INSPECTION & ACCEPTANCE OF GOODS

1. i)It is the Buyer’s responsibility, when accepting this contract or ordering to ensure the Goods ordered conform to the Buyer’s requirements and are suitable and sufficient for the Buyer’s purpose.
2. ii)The Buyer must inspect the Goods on delivery or collection.

iii) If the Buyer identifies any damages or shortages, Packserv must be informed immediately. Written confirmation is required, giving full details, within 7 days of delivery.

1. iv)Other than by agreement, Packserv will only accept returned Goods if Packserv is satisfied that those Goods are defective and if required, have carried out an inspection.
2. v)Subject to Buyer’s compliance with this clause and/or Packserv’s agreement, The Buyer may return the Goods and Packserv will, as appropriate, repair, replace, or refund the Goods or part of them.
3. vi)Packserv will be under no liability or further obligation in relation to the Goods if:

• the Buyer fails to provide notice as set above; and/or
• the Buyer makes any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
• the defect arises because the Buyer did not follow Packserv’s oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
• the defect arises from normal wear and tear of the Goods; and/or
• the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by the Buyer, or the Buyer’s employees or agents or any third parties.

vii) The Buyer bear’s the risk and cost of returning the Goods.

viii) Acceptance of the Goods will be deemed to be upon inspection of them by the Buyer and in any event within 1 day after delivery.

RISK & TITLE

1. i)The risk in the Goods will pass to the Buyer on completion of delivery.
2. ii)Title to the Goods will not pass to Buyer until Packserv has received payment in full (in cash or cleared funds) for:

• the Goods and/or
• any other goods or services that Packserv has supplied to the Buyer in respect of which payment has become due.

iii) Until title to the Goods has passed to the Buyer, the Buyer must:

• hold the Goods on a fiduciary basis as Packserv’s bailee; and/or
• store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or
• keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

INSURANCE

1. i) For all equipment quoted ex-works, the Buyer is responsible for arranging their own shipping and must arrange their own transit insurance.
2. ii)If Packserv arranges shipping and insurance in respect of the equipment, it does so as agent for and on behalf of the Buyer and is not to be deemed the carrier.

WARRANTIES & CONDITIONS

1. i)The Buyer must inspect the equipment on delivery and must immediately notify Packserv in writing of any evident defect, damage, shortage in quantity, or failure to comply with the description or quote. The Buyer must notify any other alleged defect in the equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Buyer must allow the Company’s representative to inspect the equipment.
2. ii)The above warranty period commences at the date of shipment.

iii) In the event the BUYER delays shipment, the warranty-period commences on the date Packserv is prepared to make shipment.

1. iv)Packserv warrants the equipment and components of its manufacture and supply to be free from defects in workmanship and material under normal use and service for a period of one (1) year, except for normal wear items as may be defined.
2. v)The BUYER agrees to pay travel and living expenses for warranty work done at the customer’s site.
3. vi) This warranty does not apply to any equipment which after delivery has been subject to abuse, accident, alterations by anyone other than persons authorised by Packserv, improper storage, misuse in its application, improper maintenance or failure to observe the operating instructions.

vii) The obligation of Packserv hereunder shall be limited solely to repair and replacement of products that fail within the foregoing limitations and shall be conditioned upon the receipt by Packserv of written notice of any alleged defects or deficiency promptly after discovery within the warranty period.

viii) No products shall be returned to Packserv without Packserv’s prior consent. Products which Packserv consents to have returned shall be shipped F.O.B. Packserv’s factory. Final determination as to whether a product is defective rests with Packserv. Packserv will not assume responsibility or accept invoices for unauthorized repairs to its components, even if defective unless previously authorised by a Packserv officer.

viii) Packserv makes no warranty as to fitness of its products for specific applications by the Buyer, nor as to and period of service unless Packserv specifically agrees otherwise in writing, after the proposed usage has been made known to it. Packserv shall not be liable for any special, indirect or consequential damages resulting in any manner from the furnishing of the product/s or for any expense incurred by the Buyer due to use of such product.

1. ix)The foregoing warranty is exclusive and in lieu of all other warranties expressed or implied, including but not limited to any warranty of merchantability or of fitness for a particular purpose.
2. x)Experimental or developmental products are expressly excluded from any warranty liability.
3. xi)Under applicable State, Territory and Commonwealth Law (including, without limitation, the Consumer & Competition Act 2010 – 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).

xii) Packserv acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees contained within the CCA.

xiii) Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Packserv makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the equipment. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.

xiv) Packserv’s liability for a breach of any condition or warranty which may be implied by the Australian Consumer Law (ACL) other than a condition or warranty implied by Section 51-53 of the ACL, is limited to the extent allowed by Section 64A of the ACL. The Company shall elect which of the remedies therein mentioned applies and without limiting, effecting or excluding the full extent of Section 64A of the ACL, the company gives the following express warranty:

Where the equipment is provided new by Packserv, the Company will provide, repair or replace, as Packserv sees fit, any defective part or item which manifests itself within a period of 12 months, providing that:

• the defect is due to bad materials or workmanship
• the defect is not the result of neglect, misuse, or accident by the purchaser or excessive deterioration due to avoidable corrosion
• the Buyer shall not have modified or have carried out any repairs to the goods or accessories without having first obtained the Packserv’s written  consent
• the equipment has not been used in a manner other than intended or directed by the manufacturer.

1. xv) Where the equipment is not manufactured by Packserv, the manufacturer shall give to the Buyer such warranties as are given by the manufacturer of the equipment to Packserv and under that suppliers’ terms. Packserv will not be held responsible for the performance of the manufacturer or any losses, damages, or costs incurred by the Buyer relating to the performance or provision of services relating to the manufacturer’s warranty.

xvi) Where the equipment is not new, (previously hired equipment), the same warranty conditions apply, except that qualifying period is reduced to 3 months.  

xvii) Subject to clause xvi hereof, no guarantee, warranty, condition or term is given or implied by this contract and all guarantees, warranties, conditions and terms whatsoever, including those as to state, quality or fitness for any particular purpose express or implied by statute, common law or otherwise are expressly excluded to the maximum extent permissible by law. The purchaser warrants that it has selected the equipment as being fit for purpose based upon its own technical research and inspection and has not relied solely upon Packserv for such advice.

xviii) The Company shall not under any circumstances whatsoever (including circumstances which would but for these conditions, constitute a fundamental breach of this contract, or the breach of a fundamental term of this contract) be liable to the purchaser or any other party in respect of the equipment, services and accessories, the subject of the contract, whether in contract or in tort or otherwise. And the Buyer shall indemnify and protect Packserv against any claim made against it either by the Buyer or another party, in respect of any injury, loss or damage to any person or property arising from or in connection with the equipment, services and/or accessories howsoever caused and whether or not such loss and damage was caused by the negligence or wilful act or default of Packserv, its servants or agents or any malfunctioning of or defect in or failure of any of the equipment services or accessories the subject of this contract.

xix) This warranty does not cover damage to or failure of the equipment due to:

• repairs made or attempted by persons who have not been authorised by Packserv, misuse, accident, improper selection or installation, unsuitable storage or installation site, deterioration due to exposure or any other matters beyond Packserv’s control.
• damages or breakages to the components of the machine arising from incorrect adjustment or mistreatment of the machine by the Buyer or the Buyer’s agents.   

1. xx)Should a fault fall within warranty conditions of any item manufactured by the Company rectification or remedial action will normally only take place at the Company’s Sydney or Melbourne depots and the cost to and from that location will be borne by the Buyer.

xxi) Any guarantee will be null and void if the equipment is principally modified from the manufacturer’s specifications without written consent from the Company or manufacturer.

xxii) Performance Guarantees are not included in this contract and production losses are not covered in any way by Packserv.

REPLACEMENT PARTS

1. i)Replacement parts for equipment that are still under the original warranty are warranted only for the period that remains under the original machine warranty.
2. ii)Replacement parts for equipment no longer under original warranty are warranted for a period of 90 days from date of shipment. All parts are shipped ex-works Packserv’s Sydney or Melbourne Factory unless specified in writing. Prices are those in effect at time of shipment. All prices in Packserv’s price book or other printed matter are subject to a minimum 25% restocking charge.

WORK HEALTH & SAFETY COMPLIANCE

1. i)The above warranty is expressly conditional upon the following:

• the Buyer agrees to comply with the requirements of the OCCUPATIONAL HEALTH and SAFETY ACT 2009, Regulations, Codes of Practice or State Regulating Agency, and the standards and regulations prescribed thereunder and agrees that the location, operation, installation, maintenance and use of all goods furnished by Packserv and all work performed thereunder by the BUYER will comply with such requirements, standards and regulations.

1. ii)In no event shall Packserv be responsible for any failure of the goods to so comply where such failure is caused in whole or in part by:

• use contrary to the standard industry practices and procedures for operation and use of the goods, or
• use contrary to Packserv’s instructions or recommendations for operation and use of the goods, or
• use in conjunction with other goods of the BUYER.

DESIGNS AND DRAWINGS

1. i)All drawings, photographs, plans, capacities, weights, measurements and other particulars contained in the quotation are approximate and are intended only to be a general description of the equipment ordered. Small deviations therefrom shall not invalidate the contract nor be made the basis of any claim against Packserv.
2. ii)All drawings, photographs, plans, estimates and other documents shall be and remain the property of Packserv and shall not be used by the Buyer for any purpose other than this contract and the Buyer shall not disclose them to any third party without Packserv’s prior written consent.

iii) Packserv reserves the right to make minor changes to the design and/or construction of the equipment at any time prior to delivery without notice and without incurring any liability providing that the equipment delivered remains consistent with the purchaser’s requirements as agreed and understood by Packserv.

MACHINE TESTING SAMPLES

1. i)In order that the equipment be thoroughly tested prior to despatch from the manufacturer, sample quantities of products, packages, materials and containers may need to be available. The costs of these materials and associated freight are payable by the purchaser. After testing of the machine, they can be returned if requested.

NOTICES

1. i)Shouldany one or more of the provisions contained in this document for any reason be held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
2. ii)Any notice required to be given pursuant to this contract shall be in writing and may be validly served by certified mail (without prejudice to any other mode of service) addressed to:

• the company at the address of the company from which the company’s acceptance emanates;
• to the Buyer at the address to which the equipment is to be delivered, or, if the purchaser is a company, its registered office.
• notice is deemed to be given on the next business day after the day of posting.

iii) 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.

1. iv)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.
2. v) Any amendment to the terms and conditions contained in this document may only be amended in writing by the consent of both parties.

SERVICE OF NOTICES

Any written notice given under this Contract shall be deemed to have been given and received:

• by handing the notice to the other party, in person;
• by leaving it at the address of the other party as stated in this Contract;
• by sending it by registered post to the address of the other party as stated in this Contract;
• 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;
• if sent by email to the other party’s last known email address.
• 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.

FORCE MAJEURE

Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause, that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

NO WAIVER

No waiver by Packserv of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any other provision or subsequent breach.

SEVERANCE

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

LAW & JURISDICTION

These Terms and Conditions are governed by and interpreted according to Australian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Courts of New South Wales.