Mick’s Towing Service – Terms & Conditions of Trade
1. Definitions 1.1 “Contractor” means Mick’s Towing Service Pty Ltd ATF The Schaper Family Trust T/A Mick’s Towing Service its successors and assigns or any person acting on behalf of and with the authority of Mick’s Towing Service Pty Ltd ATF The Schaper Family Trust T/A Mick’s Towing Service. 1.2 “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Contractor to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and: (a) if there is more than one Customer, is a reference to each Customer jointly and severally; and (b) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and (c) includes the Customer’s executors, administrators, successors and permitted assigns. 1.3 “Services” mean all Services supplied by the Contractor to the Customer at the Customer’s request from time to time. 1.4 “Cargo” means any vehicle (including any property within the vehicle), machinery, heavy equipment, shipping container, tractors, forklifts and scissor lifts, etc. to be moved from one place to another by way of the Contractor’s Services. 1.5 “Price” means the price payable (plus any GST where applicable) for the Services as agreed between the Contractor and the Customer in accordance with clause 5 of this contract. 1.6 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). 2. Acceptance 2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts Services provided by the Contractor. 2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Contractor. 2.3 The Contractor shall only be responsible for their performance to the party that contracts them to undertake the Services and shall not be responsible to any third party irrespective of their relationship to the Customer. 2.4 Where the Customer requesting or organising the Contractor to provide Services is acting with or on behalf of any third party and that third party is intended to be responsible for the payment (or any part thereof) of the Price then in the event that the third party does not pay for the Services when due, the Customer acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf. 2.5 Where the Contractor gives advice, recommendations, information, assistance or service to the Customer or the Customers agent, regarding the Services then it is given in good faith and the Contractor shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same. 2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act. 3. Errors & Omissions 3.1 The Customer acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this contract; and/or (b) contained/omitted in/from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Services. 3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of the Contractor; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid. 4. Change in Control 4.1 The Customer shall give the Contractor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Contractor as a result of the Customer’s failure to comply with this clause. 5. Price and Payment 5.1 At the Contractor’s sole discretion the Price shall be either: (a) as indicated on any invoice provided by the Contractor to the Customer; or (b) the Contractor’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. 5.2 The Contractor reserves the right to change the Price if a variation to the Contractor’s quotation is requested. Any variation from the plan of scheduled Services (including, but not limited to, any variation as a result of increases to the Contractor in the cost of taxes, levies, materials and labour) which are beyond the control of the Contractor. Variations will be charged for on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the Contractor’s invoice. The Customer shall be required to respond to any variation submitted by the Contractor within ten (10) working days. Failure to do so will entitle the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.3 At the Contractor’s sole discretion a deposit may be required. 5.4 Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by the Contractor, which may be: (a) on delivery of the Services; (b) before delivery of the Services; (c) by way of instalments/progress payments in accordance with the Contractor’s payment schedule; (d) the date which is thirty (30) days following the date of any invoice given to the Customer by the Contractor; (e) thirty (30) days following the end of the month in which a statement is delivered to the Customer’s address or address for notices; (f) the date specified on any invoice or other form as being the date for payment; or (g) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Contractor. 5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Contractor. 5.6 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for providing the Contractor’s Services. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price. 6. Provision of Services 6.1 At the Contractor’s sole discretion delivery of the Services shall take place when the Services are supplied to the Customer at the Customer’s nominated address. 6.2 Delivery of the Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement. 6.3 At the Contractor’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price. 6.4 The Contractor may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. 6.5 The Customer must take delivery by receipt or collection of the Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Services as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery and/or storage. 6.6 Any time specified by the Contractor for delivery of the Services is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Services as agreed solely due to any action or inaction of the Customer then the Contractor shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date. 7. Risk 7.1 The Customer shall ensure that the Contractor has clear and free access to the delivery site at all times to enable them to undertake the Services. The Contractor shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the Contractor. 7.2 It is the responsibility of the Customer to ensure that access to the Cargo is suitable to accept the weight of laden trucks. The Customer agrees to indemnify the Contractor against all costs incurred by the Contractor in recovering such vehicles in the event they become bogged or otherwise immovable 7.3 The Customer acknowledges that it is the Customer’s responsibility to remove all personal/valuable items from the vehicle prior to the Contractor carrying out their Services. The Contractor shall not liable in the event of any apparent loss or damage to personal/valuable items left in the vehicle. 7.4 Subject to clause 9, in the event that a police officer or authorised enforcement officer directs the Contractor to tow and store the Cargo, the owner of the Cargo is liable to pay the fees and charges for towage and storage. 8. Special Clauses 8.1 Should any further damage occur to the Cargo whilst not physically secured to the Contractor’s vehicle on a public roadway then the Contractor shall accept no liability for the same, unless such damage is due to the negligence of the Contractor. 8.2 If applicable, the Customer acknowledges that: (a) it is not always possible for the Contractor to be aware of the total extent of any damage to the Cargo and that further damage may occur when attempting to either move, lift upright or prepare the Cargo for towing. Whilst the Contractor will take all due care to avoid such damage the Contractor shall accept no liability for the same and the Customer agrees to indemnify the Contractor against any claims howsoever arising should such damage occur; (b) braking systems and mechanical components (including, but not limited to, air fittings from air tanks, valves or lines, interconnecting air supply and service brake lines) may be removed during towing and must be inspected for serviceability before putting the towed Cargo back into use. (c) the Contractor may, where necessary: (i) remove drive shaft and axle(s) from the differential to ensure safe towing; (ii) collect oil from the Cargo to be towed. All oil and fluid levels must be checked before putting the Cargo back into use; (iii) remove any equipment from the Cargo to reduce overall height, length or width of the load. 8.3 The Contractor shall not accept any liability or responsibility for: (a) any additional load with the Cargo. Securing such load is the responsibility of the owner/driver; (b) the safety of the Cargo if the owner/driver travels with the Contractor either to or from the site. 8.4 Where recovery of the Cargo is off-road, or where the recovery is deemed by the Contractor to be extreme, the Customer agrees to indemnify the Contractor against any damage to the equipment of the Contractor, added costs (including the salvage of the salvage vehicle) and the replacement costs of any equipment of the Contractor that is lost or damaged. 9. Applicable Legislation: Tow Truck Act 1973 (“TTA”) and the Tow Truck Regulation 2009 (“TTR”) 9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TTA or the TTR, except to the extent permitted by those Acts/Regulations where applicable. 10. Compliance with Laws 10.1 The Customer and the Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services. 10.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services. 10.3 The Customer agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation. 11. Personal Property Securities Act 2009 (“PPSA”) 11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 11.2 Upon assenting to these terms and conditions in writing the Customer 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 collateral (account), being a monetary obligation of the Customer for Services that have previously been provided, and that will be provided in the future, by the Contractor for the Customer. 11.3 The Customer undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Contractor may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 11.2(a)(i) or 11.2(a)(ii); (b) indemnify, and upon demand reimburse, the Contractor for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Contractor; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Services in favour of a third party without the prior written consent of the Contractor. 11.4 The Contractor and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 11.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 11.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 11.7 Unless otherwise agreed to in writing by the Contractor, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA. 11.8 The Customer must unconditionally ratify any actions taken by the Contractor under clauses 11.2 to 11.5. 11.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 12. Security and Charge 12.1 In consideration of the Contractor agreeing to supply Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). 12.2 The Customer indemnifies the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Contractor’s rights under this clause. 12.3 The Customer irrevocably appoints the Contractor and each director of the Contractor as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Customer’s behalf. 13. Defects, Warranties and the Competition and Consumer Act 2010 (CCA) 13.1 The Customer must inspect the Contractor’s Services on completion of the Services and must within twenty-four (24) hours notify the Contractor in writing of any evident defect in the Services provided (including the Contractor’s workmanship) or of any other failure by the Contractor to comply with the description of, or quote for, the Services which the Contractor was to supply. The Customer must notify any other alleged defect in the Contractor’s Services as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Contractor to review the Services that were provided. 13.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (NonExcluded Guarantees). 13.3 The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees. 13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Contractor makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Services. The Contractor’s liability in respect of these warranties is limited to the fullest extent permitted by law. 13.5 If the Customer is a consumer within the meaning of the CCA, the Contractor’s liability is limited to the extent permitted by section 64A of Schedule 2. 13.6 If the Contractor is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then the Contractor may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Customer which were not defective. 13.7 If the Customer is not a consumer within the meaning of the CCA, the Contractor’s liability for any defective Services is: (a) limited to the value of any express warranty or warranty card provided to the Customer by the Contractor at the Contractor’s sole discretion; (b) otherwise negated absolutely. 13.8 Notwithstanding clauses 13.1 to 13.7 but subject to the CCA, the Contractor shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) interference with the Services by the Customer or any third party without the Contractor’s prior approval; (b) the Customer failing to follow any instructions or guidelines provided by the Contractor; (c) fair wear and tear, any accident, or act of God. 14. Default and Consequences of Default 14.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5% ) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 14.2 If the Customer owes the Contractor any money the Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees). 14.3 Further to any other rights or remedies the Contractor may have under this contract, if a Customer has made payment to the Contractor, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Contractor under this clause 14 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement. 14.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Customer will be unable to make a payment when it falls due; (b) the Customer has exceeded any applicable credit limit provided by the Contractor; (c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. 15. Cancellation 15.1 Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Services to the Customer. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor has exercised its rights under this clause. 15.2 The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Customer. On giving such notice the Contractor shall repay to the Customer any money paid by the Customer for the Services. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation. 15.3 In the event that the Customer cancels delivery of the Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Contractor as a direct result of the cancellation (including, but not limited to, any loss of profits). 16. Dispute Resolution 16.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be: (a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and (b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration. 17. Privacy Act 1988 17.1 The Customer agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Contractor. 17.2 The Customer agrees that the Contractor may exchange information about the Customer with those credit providers and with related body corporates for the following purposes: (a) to assess an application by the Customer; and/or (b) to notify other credit providers of a default by the Customer; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or (d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years. 17.3 The Customer consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit. 17.4 The Customer agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for other agreed purposes or required by): (a) the provision of Services; and/or (b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or (d) enabling the collection of amounts outstanding in relation to the Services. 17.5 The Contractor may give information about the Customer to a CRB for the following purposes: (a) to obtain a consumer credit report; (b) allow the CRB to create or maintain a credit information file about the Customer including credit history. 17.6 The information given to the CRB may include: (a) personal information as outlined in 17.1 above; (b) name of the credit provider and that the Contractor is a current credit provider to the Customer; (c) whether the credit provider is a licensee; (d) type of consumer credit; (e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); (f) advice of consumer credit defaults, 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 Customer no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments); (g) information that, in the opinion of the Contractor, the Customer has committed a serious credit infringement; (h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150). 17.7 The Customer shall have the right to request (by e-mail) from the Contractor: (a) a copy of the information about the Customer retained by the Contractor and the right to request that the Contractor correct any incorrect information; and (b) that the Contractor does not disclose any personal information about the Customer for the purpose of direct marketing. 17.8 The Contractor will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law. 17.9 The Customer can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au. 18. Storage 18.1 At the Contractor’s sole discretion a storage fee as determined by the Contractor from timeto-time will be charged and will be shown as an extra on the invoice. Payment for all extras must be made in full in accordance with clause 5.4 of this contract. 19. Unpaid Seller’s Rights 19.1 Where the Customer has left Cargo with the Contractor for storage purposes, or for the Contractor to perform any other service in relation thereto, and the Contractor has not received or been tendered the whole of any monies owing to it by the Customer, the Contractor shall have, until all monies owing to the Contractor are paid: (a) a lien on the Cargo; and (b) the right to retain or sell the Cargo, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods. 19.2 The lien of the Contractor shall continue despite the commencement of proceedings, or judgment for any monies owing to the Contractor having been obtained against the Customer. 20. Service of Notices 20.1 Any written notice given under this contract shall be deemed to have been given and received: (a) by handing the notice to the other party, in person; (b) by leaving it at the address of the other party as stated in this contract; (c) by sending it by registered post to the address of the other party as stated in this contract; (d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission; (e) if sent by email to the other party’s last known email address. 20.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered. 21. Trusts 21.1 If the Customer 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 the Contractor may have notice of the Trust, the Customer covenants with the Contractor as follows: (a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund; (b) the Customer 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 Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity. (c) The Customer will not without consent in writing of the Contractor (the Contractor will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events; (i) the removal, replacement or retirement of the Customer as Trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property. 22. General 22.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 22.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which the Contractor has its principal place of business, and are subject to the jurisdiction of the courts in that State. 22.3 Subject to clause 13 the Contractor shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Contractor of these terms and conditions (alternatively the Contractor’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services). 22.4 Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party. 22.5 The Customer agrees that the Contractor may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for the Contractor to provide Services to the Customer. 22.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of either party. 22.7 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.
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