OUR T&C’s
CCS Leasing: Terms and Conditions
1 DEFINITIONS
In this document:
1.1 “Agreement” means any contract or agreement, whether formal or informal, written, oral or partly written and partly oral, formed between the Client and CCS, including but not limited to by way of the Client’s acceptance of a Quote issued by CCS.
1.2 “Client” means the individual, business, partnership or company entering into an Agreement with CCS and includes the Client’s successors and assigns.
1.3 “Date for Payment” means the date for payment of the Price specified in CCS’s Invoice and, if no date for payment is specified in CCS’s Invoice, the date for payment shall be 30 days after the date that CCS renders an Invoice to the Client.
1.4 “Goods” means the provision of goods by CCS to the Client pursuant to an Agreement, including the plant, equipment or machinery specified in the Quote, and any tools, accessories, manuals, logbooks or equipment in or attached to the plant, equipment or machinery.
1.5 “Hire Period” means the period for which the Goods are hired by the Client under an Agreement.
1.6 “Invoice” means an invoice issued to the Client by CCS.
1.7 “Law” means an Act of Parliament, statute, regulation, proclamation, ordinance or by-law, including all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing one or more of them
1.8 “Notice” means a notice in accordance with clause 18.
1.9 “Party” means each party to an Agreement, including CCS and the Client, and “Parties” has a corresponding meaning.
1.10 “Price” has the meaning stated in clause 5 and is subject to clause 15.
1.11 “Quote” means a quote issued to the Client by CCS. 1.12 “PPSA” means the Personal Property Securities Act 2009.
1.13 “CCS” means CCSLEASING (ACN 657 371 992) and each related entity as defined in the Corporations Act 2001 (Cth) of CCSLEASING (ACN 657 371 992) now or at any time Goods or Services are supplied to the Client in the future.
1.14 “Service” means the provision of services by CCS to the Client pursuant to an Agreement including the transportation of the Goods to and from the Site.
1.15 “Site” means any site where the Client intends to store or use the Goods.
1.16 “Terms and Conditions” means the terms and conditions set out herein subject to any amendments expressly made by CCS pursuant to clause 2.4.
1.17 “Works” means CCS’s provision of Goods and/or Services pursuant to the Agreement.
1.18 Unless context requires otherwise:
1.18.1 the singular includes the plural and vice versa; 1.18.2 a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
1.18.3 a reference to any gender includes all genders; 1.18.4 a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms and Conditions; 1.18.5 a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, restated or replaced from time to time;
1.18.6 a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations,
proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
1.18.7 a reference to a body, other than a Party to the Agreement (including, without limitation, an institute, association or authority), whether statutory or not:
(a) which ceases to exist; or
(b) whose powers or functions are transferred to another body,
is a reference to the body which replaces it or which substantially succeeds to its powers or functions;
1.18.8 If a party comprises two or more persons, the covenants and Agreements on their part bind and shall be observed and performed by them jointly and each of them severally and may be enforced against any one or any two or more of them;
1.18.9 A reference to a party includes its executors, administrators, successors and permitted assigns;
1.18.10 No provision of these Terms and Conditions will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms and Conditions or that provision;
1.18.11 Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
1.18.12 All references to A$, $, dollar, or to currency are references to Australian dollars;
1.18.13 "Including" and similar expressions are not and must not be treated as words of limitation; and
1.18.14 Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.
2 OPERATION AND APPLICATION
2.1 CCS agrees to provide the Client with the Works subject to these Terms and Conditions. These Terms and Conditions apply in respect of all Agreements, offers to sell, Quotes, and other commercial transactions for the supply of the Works by CCS to the Client.
2.2 The Agreement between the Client and CCS shall be upon these Terms and Conditions and shall be read in conjunction with these Terms and Conditions.
2.3 These Terms and Conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of CCS’s quotations or other communication or documentation and shall supersede all prior Agreements.
2.4 From time to time, CCS may review and amend these Terms and Conditions of the Agreement and the Client shall be bound by any variation which shall apply to the supply of any of the Works following the effective date of the variation.
3 FORMATION OF AGREEMENT
3.1 Unless stated otherwise on the Quote, CCS’s written Quotes are valid for 30 days from the date of issue of the Quote, and thereafter are subject to confirmation in writing by CCS before acceptance.
4 HIRE OF GOODS
4.1 The Client agrees to hire the Goods from CCS for the Hire Period on these Terms and Conditions.
4.2 Subject to these Terms and Conditions, the Client will hire the Goods for the Hire Period only.
4.3 The Client agrees that during the Hire Period the Client will:
4.3.1 use and maintain the Goods in accordance with all instructions issued by CCS or in accordance with the manufacturer’s specifications or any other information supplied with the Goods (including but not limited to log books and manuals), including instructions relating to storage, cleaning, lubrication, maintenance, scheduled servicing and refuelling, at the Client’s cost;
4.3.2 at all times exercise absolute care and diligence in its use and maintenance of the Goods;
4.3.3 comply with all relevant Laws relating to the use or operation of the Goods, including obtaining any necessary permits or consents required;
4.3.4 not modify, permit the modification of, conceal, alter, make any addition or alteration to, tamper with, interfere with, repair or attempt to repair any Goods;
4.3.5 take all steps to secure and protect the Goods including from damage, vandalism and theft;
4.3.6 not part with possession of the Goods;
4.3.7 be responsible for all damage or loss to the Goods caused by accident, theft, malicious damage, or any unlawful act that occurs throughout the Hire Period;
4.3.8 in the case of bad weather, provide suitable protection of any Goods for the duration of the Hire Period;
4.3.9 only allow qualified persons who hold the required certification and/or licence to operate the Goods (“Operator”);
4.3.10 not permit any person to improperly or unsafely use the Goods throughout the Hire Period.
4.4 The Client must immediately notify CCS in the event of:
4.4.1 any damage to the Goods;
4.4.2 any malfunction, breakdown, or loss of use of the Goods; and
4.4.3 any accident or incident involving the Goods, including the injury of persons or damage to property.
4.5 CCS will not refund the Price or any part of the Price if the Client elects or requests to return the Goods prior to the end of the Hire Period, regardless of reason.
4.6 CCS and the Client agree that:
4.6.1 Prior to the commencement of the Hire Period, a representative of CCS and the Client will fully inspect the Goods to determine the condition of the Goods. CCS will prepare a statement/report relating to the condition of the Goods, including the fuel level and cleanliness of the Goods and any existing damage to the Goods (“Hire Condition”);
4.6.2 As soon as reasonably practicable after the Hire Period, a representative of CCS and the Client will fully inspect the Goods to determine the condition of the Goods. CCS will prepare a statement/report relating to the condition of the Goods.
4.7 At the end of the Hire Period, the Client must make available for CCS’s collection or deliver up to CCS the Goods in the Hire Condition, save for normal wear and tear determined in CCS’s sole discretion. The Client agrees that it will be liable for, and indemnifies and agrees to keep CCS indemnified from, any and all costs incurred by CCS as a result of the Goods not being returned in the Hire Condition.
4.8 If the Goods are not available for collection by CCS or delivered up to CCS at the end of the Hire Period then the Client will be liable to pay CCS, at CCS’s prescribed hire rates, for the duration of the period until the Goods are available for collection by CCS or are returned to CCS.
4.9 In the event that the Goods are lost, stolen, damaged, or vandalised during the Hire Period, the Client will be liable to CCS and will indemnify CCS for the full cost of replacing any lost or stolen Goods, the repair of any damaged or vandalised Goods, and the replacement of any Goods that in the sole discretion of CCS are damaged or vandalised beyond repair.
4.10 In the event that the Goods are not available for collection by CCS or returned to CCS within 7 days of the expiry of the Hire Period then the Goods will be deemed to have been lost, stolen, damaged, or vandalised, and the Client will be liable to CCS to pay the full amount of replacing the Goods at retail value within 14 days of the expiry of the Hire Period.
4.11 The Client agrees that it will be liable for, and indemnifies and agrees to keep CCS indemnified from, any and all costs incurred by the CCS as a result of the Client breaching any of its obligations in this clause 4, including the Client’s failure to maintain, service or clean the Goods.
5 PRICE AND PAYMENT
5.1 The Client shall pay to CCS the price specified for the Works as stated on the Quote, and all taxes, credit card fees, delivery fees, handling fees, and other charges in respect of the Works (“Price”).
5.2 The Client agrees to pay the Price for the Works in accordance with these Terms and Conditions.
5.3 CCS will render Invoices to the Client for the Price and the Client agrees to pay the Price on or before the Date for Payment.
5.4 The Client warrants that its nominated payment method has sufficient clear funds available to pay the Price.
5.5 Time of payment is of the essence of the Agreement.
5.6 Where the Client has provided details of a debit or credit card for payment to CCS in the Agreement, the Client agrees and authorises CCS to charge or make deductions from the debit or credit card to satisfy the Price or any part of the Price at any time without notice to the Client.
5.7 CCS may charge an additional 1.2% to the Client where the Client has provided details of a debit or credit card for payment to CCS.
5.8 CCS shall be entitled to charge the Client interest calculated at 12% per annum, on the balance of all overdue accounts and invoices from the due date for payment until the date of actual payment.
6 COSTS RECOVERABLE
6.1 Should the Client default in the payment of any monies due under any Agreement, then all monies due to CCS shall immediately become due and payable and shall be paid by the Client within 7 days of the date of demand.
6.2 The Client shall pay on an indemnity basis all expenses, costs and disbursements, including debt collection agency fees, commission and any fees paid to CCS’s solicitors (on an indemnity basis) incurred by CCS or its appointed agents in recovering payment of any outstanding monies, enforcing its rights under the Agreement, or in investigating or defending any action or threatened actions.
7 INSURANCE
7.1 The Client must effect and maintain the following insurances for the Hire Period:
7.1.1 workers compensation insurance;
7.1.2 public liability insurance for at least $20,000,000; 7.1.3 property insurance in respect of the Site and the Goods; and
7.1.4 any other insurance required by Law of the Client.
7.2 The Client must give CCS evidence of compliance with clause 7.1 within 5 days after a request by CCS to do so, including by the provision of certificates of currency.
8 SECURITY
8.1 The Client hereby charges and mortgages in favour of CCS to secure the repayment of any debt and any monies which may become owed by the Client to CCS hereunder and under any Agreement all of the Client’s present and future estate and interest in all real property and personal property.
8.2 A term or expression which is used in this clause 8 (but not defined in this document) and which is defined in the PPSA has the meaning given to that term or expression in the PPSA.
8.3 CCS and the Client acknowledge and agree that the Agreement, including these Terms and Conditions, constitutes a Security Agreement and entitles CCS to claim:
8.3.1 a security interest in favour of CCS over the Goods supplied or to be supplied to the Client as Grantor pursuant to the Agreement (“Collateral”);
8.3.2 a security interest over the proceeds of disposal of or the granting of a right in the Collateral referred to in clause 8.3.1 as original collateral (“Proceeds”); and
8.3.3 a security interest over all of the personal property of the Client pursuant to clause 8.6.2.
8.4 The Goods supplied or to be supplied under the Agreement fall within the PPSA classification of “Motor Vehicle” or “Other Goods” acquired by the Client pursuant to the Agreement.
8.5 The Proceeds of the Collateral referred to in clause 8.3.2 falls within the PPSA classification of “Account”.
8.6 CCS and the Client acknowledge that CCS, as Secured Party, is entitled to register its Security Interest in:
8.6.1 the Collateral supplied or to be supplied to the Client pursuant to this Agreement and in the relevant Proceeds; and
8.6.2 All Present and After Acquired Property of the Client. 8.7 To the extent permissible at law:
8.7.1 the Client waives its rights to receive any notice required by:
(a) any provision of the PPSA (including a notice of a verification statement); or
(b) any other Law before CCS exercises a right, power or remedy;
8.7.2 the Client agrees to indemnify CCS on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with the registration or amendment or discharge of any Financing Statement registered by or on behalf of CCS and enforcement or attempted enforcement of any Security Interest granted to CCS by the Client;
8.7.3 the Parties agree sections 130, 142 and 143 of the PPSA are excluded;
8.7.4 the Client agrees that CCS need not comply with sections 95, 123, 129, 130, 132(3)(d), 132(4) or 135 of the PPSA; and
8.7.5 the Client waives any time period that must otherwise lapse under any Law before CCS exercises a right, power or remedy. If the Law which requires a period of notice or a lapse of time cannot be excluded, but the Law provides that the period of notice or lapse of time may be agreed, that period or lapse is 1 day or the minimum period the Law allows to be agreed (whichever is the longer).
8.8 For the avoidance of doubt, nothing in this clause 8 prohibits CCS giving a notice under the PPSA or any other Law.
8.9 If section 14(6)(c) of the PPSA applies, payments received from the Client must be applied in accordance with section 14(6)(c) of the PPSA.
9 FORCE MAJEURE
9.1 CCS will not be liable for any breach of the Agreement due to any matter or thing beyond CCS’s control. Furthermore, CCS is excused from performing any term, covenant or condition required by the Agreement during the time and to the extent that performance is prevented when such performance is prevented wholly or in part by circumstances beyond CCS’s control.
10 DEFECTS
10.1 If the Client believes that the Works are not in accordance with the Agreement the Client must give notice of the alleged defective Works to CCS within 7 days of delivery of the Works.
10.2 CCS shall not be responsible or liable for any alleged defect in the Works unless it is reported in accordance with clause 10.1.
11 NO WARRANTY
11.1 CCS makes no express warranties to the Client including as to the condition, quality or suitability of the Goods or the fitness of the Goods for the Client’s purpose or use, except those expressly set out in the Agreement and these Terms and Conditions.
11.2 Any time or date named and accepted by CCS, including on the Quote, for completion, delivery, dispatch, or arrival of the Works is an estimate only and does not constitute a condition of the Agreement or part of the description of the Works and is not of the essence of the Agreement. CCS will not be liable for any damages, loss, costs or charges incurred by the Client due to late delivery ensuing from any circumstances whatsoever, either within or beyond the control of CCS.
11.3 CCS will not be liable in any circumstances for any loss or damage whatsoever allegedly incurred and arising out of any:
11.3.1 Conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
11.3.2 Alleged liability to the Client in contract for consequential or indirect damages arising out of or in connection with the provision of the Works or the Agreement, even if CCS knew they were possible or they were otherwise unforeseeable; and
11.3.3 Claims by the Client in negligence for acts or omissions of CCS or its employees, agents, or contractors arising out of or in connection with the Agreement.
11.4 The Parties acknowledge and agree that:
11.4.1 any prior representations, agreements and arrangements, including representations as to the suitability of the Works;
11.4.2 any descriptions, illustrations and material contained in any advertisement, website, catalogue, price list or brochure; and
11.4.3 all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Works for any purpose or as to design, assembly, installation, material or workmanship or otherwise, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
are expressly excluded from, and do not form part of, the Agreement unless specifically stated in the Agreement to the contrary.
11.5 If clause 11.3, 11.4 and/or 14.1 herein is held by a court to be unlawful, invalid or unenforceable for any reason, the Client agrees that CCS’s total liability to the Client for any loss or damage suffered by the Client in relation to the Works or the Agreement is limited, in CCS’s sole discretion, to a refund of the relevant Price of the Works.
11.6 If clause 11.5 herein is held by a court to be unlawful, invalid or unenforceable for any reason, the Client agrees that CCS’s total liability to the Client for any loss or damage suffered by the Client in relation to the Works or the Agreement shall not exceed the amount that is the lower of:
11.6.1 The amount covered by CCS’s insurer specifically for that loss or damage; and
11.6.2 The actual amount received by CCS from its insurer specifically for that loss or damage.
12 THE CLIENT’S WARRANTIES
12.1 The Client warrants that it has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by CCS or anyone on its behalf in respect of the Works, other than those that are expressly contained in the Agreement.
12.2 The Client warrants that it will provide to the Operator all manuals, logbooks, manufacturer’s specifications, operating manuals, or other instructions supplied with the Goods.
12.3 The Client warrants that:
12.3.1 Prior to using or operating the Goods on each occasion, the Client shall fully inspect the Goods and determine, in the Client’s sole discretion, if the Goods are safe and/or suitable for the Client’s use (“Pre-Start Inspection”);
12.3.2 If, after conducting the Pre-Start Inspection, the Client reasonably believes that the Goods are defective, damaged, unsafe or malfunctioning, the Client will not use or operate the Goods and will immediately notify CCS.
12.4 The Client acknowledges that, if the Goods are fitted with a load measuring device (“LM Device”):
12.4.1 CCS makes no warranties or representations in respect of the LM Device; and
12.4.2 The Client must not rely on the LM Device; and 12.4.3 If the Client intends to use the Goods to lift a load, the Client must determine, in the Client’s sole discretion and with reference to any applicable operating manual, manufacturer’s specifications or other instructions supplied with the Goods, whether the Goods are able to lift the weight of the load.
12.5 The Client agrees that it will be liable for, and indemnifies and agrees to keep CCS indemnified from, any and all costs incurred as a result of the Client’s breach of clause 12.4.
13 NO LIABILITY FOR THIRD PARTIES
13.1 The Client acknowledges and agrees that CCS is not liable for:
13.1.1 any damage or defects attributable to the provision of services by a third party, including a third party engaged by CCS; or
13.1.2 any defects attributable to the manufacture of any goods that are manufactured by third parties.
14 LIABILITY AND INDEMNITY
14.1 CCS shall not be liable to the Client or any other party in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits, and the Client agrees that CCS may plead these Terms and Conditions as a bar to any such claims whether they arise at law, in equity, under any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.
14.2 The Client hereby releases and indemnifies and agrees to keep CCS indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions (on an indemnity basis), damages, liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit), whether resulting from breach of contract, tort, warranty, strict liability, statute or any other legal theory or otherwise that CCS may incur in relation to the Client or any third party, including where the cost, damage, liability, penalty, fine, expense or loss is caused by or contributed to by
CCS in any way or for any reason whatsoever.
14.3 The Client will be liable for any damage, death or injury caused or contributed to by the Client’s use or operation of the Goods, and the Client will indemnify CCS from any and all costs (including all legal fees and costs) on an indemnity basis that CCS may incur in relation to damage, death or injury caused or contributed to by the Client’s use or operation of the Goods.
15 VARIATIONS
15.1 Any variation to the Works or the Agreement must be agreed to in writing between a representative of CCS and of the Client, confirming the:
15.1.1 precise scope of the variation; and
15.1.2 any change to the Price as a result of the variation.
15.2 The Client agrees that CCS may revise and amend the Price of the Works if there are any such variations.
16 TERMINATION
16.1 If the Client defaults in the due and punctual observe of all or any of its obligations, warranties or covenants under the Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any action for its winding up, is placed under official management, administration or receivership, then CCS may without prejudice to any other right or remedies it has:
16.1.1 treat as discharged all or any obligation arising from any Agreement;
16.1.2 retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to CCS; and
16.1.3 take such steps as CCS may deem necessary in its sole discretion to mitigate its damages suffered including the putting to use, sale, hire, or disposal of any goods under the Agreement.
16.2 In addition to any other rights under the Agreement, CCS may terminate the Agreement by notice in writing to the Client immediately upon any one of the following events:
16.2.1 Any deliberate and substantial prevention of or interference with the provision of the Works or progress thereof caused by the Client whether directly or indirectly;
16.2.2 Substantial interference with the Works by any cause beyond the control of CCS including (but without limiting in any way the generality thereof) inclement weather conditions, mechanical issues, water, flood, fire, rioting, pandemic, civil commotion or industrial action;
16.2.3 Any substantial breach of the Agreement or these Terms and Conditions by the Client;
16.2.4 If the Client shall make any assignment for the benefit of or enter into any arrangement or composition with its creditors or go into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or have a receiver appointed or commit an act of bankruptcy or if a sequestration order is made against the Client’s estate;
16.2.5 Any failure by the Client to pay any part of the Price in accordance with clause 5 herein.
16.3 If the Agreement is terminated:
16.3.1 the Client shall pay CCS for all Goods and/or Services provided by CCS, all work done by CCS, and all goods or materials used or procured by CCS and properly chargeable to the date of termination; and
16.3.2 CCS may retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to CCS.
17 REPOSSESSION
17.1 If the Client fails to pay the whole or any part of the Price when due in accordance with the Agreement, defaults in the due and punctual observance of all or any of its obligations, warranties or covenants under an Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any action for its winding up, is placed under official management, administration or receivership, then CCS may without notice enter the Site and retake possession of the Goods hired by the Client and the Client hereby authorises and allows CCS and/or its representatives, servants, agents or employees to enter the premises upon which the Goods are situated for the purpose of retaking possession of Goods.
17.2 The Client indemnifies CCS against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which CCS suffers, incurs, or is liable for in respect of CCS’s exercise of its rights under clause 17.1.
18 NOTICES
18.1 A party must give any notice required under these Terms and Conditions or the Agreement in accordance with this clause.
18.2 A notice must be served at the address or electronic mail address of the party set out in the Agreement.
18.3 A party may deliver a notice by hand, post, or by electronic mail.
18.4 If before 4.00pm local time in the place of delivery, a party delivers a notice by hand or by electronic mail and the sending party completes the transmission the notice will be taken to be given on the day of delivery or transmission, and in any other case on the next day. If the party gives notice by post the notice will be taken as given on the 7th day in the place of delivery after the notice is posted.
18.5 A party may give notice of another address (within Australia) or an electronic mail address for service to the other party, and the new address or the electronic mail address shall be the address for service of the party for the purposes of this clause.
19 RETENTION OF TITLE
19.1 The Client acknowledges and agrees that the Goods will at all times remain the property of CCS and the Client has rights to use the Goods as a bailee only.
19.2 The Client agrees that CCS may, during the Hire Period, be entitled to access the Site and examine the Goods on providing the Client with 7 days notice.
19.3 The Client is not entitled to and agrees not to agree, offer or purport to sell, assign, sub-let, lend, assign, pledge, mortgage, hire, or otherwise part with or attempt to part with personal possession of or deal with the Goods.
20 MISCELLANEOUS
20.1 CCS may assign, sub-contract or sub-let the whole or any part of the Works or CCS’s obligations under an Agreement, without seeking the consent of the Client.
20.2 The Client may not assign, sub-contract or sub-let any part of the Works, or any of its rights, liabilities, or obligations under any Agreement, without the prior written consent of CCS.
20.3 The covenants, agreements and obligations contained in any Agreement and these Terms and Conditions will not merge or terminate upon the repudiation or termination of the Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
20.4 Any waiver by CCS must be in writing signed by CCS. Failure by CCS to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.
20.5 If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions in these Terms and Conditions are not affected.
20.6 These Terms and Conditions and the Agreement are governed and are to be construed in accordance with the laws in force in the State of Western Australia.
20.7 These Terms and Conditions and the Agreement are subject to the exclusive jurisdiction of the Courts of Western Australia.
21 RECEIPT AND ADVICE
21.1 The Client hereby acknowledges receipt of these Terms and Conditions and agrees to be bound by them. The Client accepts these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable. The Client further acknowledges that it has had the opportunity of obtaining independent legal advice and that the Client understands the Terms and Conditions outlined above.
