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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.
Packserv means Packserv Pty Ltd T/A Packserv Australia, its successors and assigns or any person acting on behalf of and with the authority of Packserv Pty Ltd T/A Packserv Australia.
Client means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Packserv to provide the services as specified in any proposal, quotation, order, invoice, or other documentation, and:
Equipment means all Equipment (including any accessories) supplied on hire by Packserv to the Client (and where the context so permits shall include any incidental supply of services). The Equipment shall be as described on the service agreement, quotations, invoices, or any other work authorisation forms as provided by Packserv to the Client.
Minimum Hire Period means the Minimum Hire Period as described on the service agreement, quotations, invoices, or any other forms as provided by Packserv to the Client.
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 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) and pricing details.
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 of the hire of the Equipment and any other goods and services provided by Packserv (plus any GST where applicable) as agreed between Packserv and the Client subject to clause 5 of this Contract.
GST means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.
(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 therein shall prevail.
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 willful misconduct of Packserv; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
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). The Client shall be liable for any loss incurred by Packserv as a result of the Client’s failure to comply with this clause.
At Packserv’s sole discretion the Charges shall be either:
Delivery of the Equipment is taken to occur at the time that:
The Client shall:
Packserv reserves the absolute right to:
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.
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