Terms and Conditions

AWR Solutions and its affiliates provide their services to you subject to the following conditions. If you visit or shop at AWR Solutions, you accept these conditions. Please read them carefully. In addition, when you use any current or future AWR Solutions service or visit or purchase from any business affiliated with AWR Solutions, whether or not included in the AWR Solutions Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit AWR Solutions or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AWR Solutions or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of AWR Solutions and protected by international copyright laws. All software used on this site is the property of AWR Solutions or its software suppliers and protected by international copyright laws.

LICENSE AND SITE ACCESS

AWR Solutions grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AWR Solutions. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AWR Solutions. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AWR Solutions and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing AWR Solutions's name or trademarks without the express written consent of AWR Solutions. Any unauthorised use terminates the permission or license granted by AWR Solutions. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AWR Solutions so long as the link does not portray AWR Solutions, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AWR Solutions logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AWR Solutions does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use AWR Solutions only with involvement of a parent or guardian. AWR Solutions and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. AWR Solutions reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant AWR Solutions and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AWR Solutions and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AWR Solutions or its affiliates for all claims resulting from content you supply. AWR Solutions has the right but not the obligation to monitor and edit or remove any activity or content. AWR Solutions takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

AWR Solutions and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

RISK OF LOSS

All items purchased from AWR Solutions are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

AWR Solutions and its affiliates attempt to be as accurate as possible. However, AWR Solutions does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AWR Solutions itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Parties other than AWR Solutions and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. AWR Solutions does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY AWR SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS. AWR SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AWR SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWR SOLUTIONS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AWR SOLUTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AWR SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting AWR Solutions, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AWR Solutions or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to AWR Solutions or to products you purchase through AWR Solutions shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate AWR Solutions's intellectual property rights, AWR Solutions may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your visit to AWR Solutions. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

  1. Definitions
    • “AWR” means AWR Solutions Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of AWR Solutions Pty Ltd.
    • “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting AWR to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      • if there is more than one Customer, is a reference to each Customer jointly and severally; and
      • if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
      • includes the Customer’s executors, administrators, successors and permitted assigns.
    • “Goods” means all Goods or Services supplied by AWR to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    • “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between AWR and the Customer in accordance with clause 6
    • “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

 

  1. Acceptance
    • 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 delivery of the Goods.
    • 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 contract between the Customer and AWR.
    • The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with AWR and it has been approved with a credit limit established for the account.
    • In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, AWR reserves the right to refuse delivery.
    • The Customer acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, AWR reserves the right to vary the Price with alternative Goods as per clause 2.
    • Any advice, recommendation, information, assistance or service provided by AWR in relation to Goods and Services supplied is given in good faith, is based on AWR’s own knowledge and experience and shall be accepted without liability on the part of AWR and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Online Ordering
    • The Customer acknowledges and agrees that:
      • AWR does not guarantee the website’s performance or availability of any of its Goods; and
      • on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
      • there are inherent hazards in electronic distribution and as such AWR cannot warrant against delays or errors in transmitting data between the customer and AWR including orders. The Customer agrees that to the maximum extent permitted by law, AWR will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.
    • AWR reserves the right to terminate the Customer’s order in the event that AWR learns that the Customer has provided false or misleading information, interfered with other users or the administration of AWR’s Services, or violated these terms and conditions.

 

  1. Errors and Omissions
    • The Customer acknowledges and accepts that AWR shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      • resulting from an inadvertent mistake made by AWR in the formation and/or administration of this contract; and/or
      • contained in/omitted from any literature (hard copy and/or electronic) supplied by AWR in respect of the Services.
    • 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 AWR; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

 

  1. Change in Control
    • The Customer shall give AWR 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 AWR as a result of the Customer’s failure to comply with this clause.

 

  1. Price and Payment
    • At AWR’s sole discretion, the Price shall be either:
      • as indicated on any invoice provided by AWR to the Customer; or
      • the Price as at the date of delivery of the Goods according to AWR’s current price list; or
      • AWR’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    • AWR reserves the right to change the Price if a variation to AWR’s quotation is requested. Variations (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to AWR in the cost of taxes, levies, limitations in accessing the site, prerequisite work by any third party not being completed etc.) will be charged for on the basis of AWR’s quotation, and will be detailed in writing, and shown as variations on AWR’s invoice. The Customer shall be required to respond to any variation submitted by AWR within ten (10) working days.  Failure to do so will entitle AWR 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.
    • At AWR’s sole discretion, a non-refundable deposit may be required.
    • Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by AWR, which may be:
      • on delivery of the Goods;
      • before delivery of the Goods;
      • thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
      • either seven (7), fourteen (14) or thirty (30) days following 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 Customer by AWR.
    • 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 AWR.
    • 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 AWR nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to AWR an amount equal to any GST AWR must pay for any supply by AWR under this or any other contract for the sale of the Goods. 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.

 

  1. Delivery of Goods
    • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
      • the Customer or the Customer’s nominated carrier takes possession of the Goods at AWR’s address; or
      • AWR (or AWR’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
    • At AWR’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
    • Any time specified by AWR for delivery of the Goods is an estimate only. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. AWR will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. In the event that the Customer is unable to take delivery of the Goods as arranged then AWR shall be entitled to charge a reasonable fee for redelivery and/or storage.
    • AWR may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

 

  1. Risk
    • Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, AWR is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by AWR is sufficient evidence of AWR’s rights to receive the insurance proceeds without the need for any person dealing with AWR to make further enquiries.
    • If the Customer requests AWR to leave Goods outside AWR’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.
    • The Customer acknowledges that:
      • stainless steel is a textured material and can be of a porous nature. The Customer accepts that products made from this material can rust and mark easily. The Customer accepts that care should be taken to maintain the finish of and longevity of stainless steel products;
      • where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods; and
      • goods supplied may:
        • exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. AWR will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
        • expand, contract or distort as a result of exposure to heat, cold, weather; and
        • mark or stain if exposed to certain substances; and
        • be damaged or disfigured by impact or scratching.
      • The Customer acknowledges and agrees that routine cleaning will prolong the original appearance of the stainless steel and provides maximum corrosion resistance when it is cleaned regularly. The Customer further agrees that crevice corrosion (tea staining) may occur if dirt, grime and surface stains containing corrosive substances are left on the stainless steel surface. The frequency of cleaning required will depend on aesthetic requirements, severity of the environment, suitability of the stainless steel grade and surface finish for that particular environment, the presence or lack of heavy rains to clean the surface, and the design of the stainless steel.

 

  1. Specifications
    • The Customer acknowledges that:
      • all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in AWR’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by AWR;
      • while AWR may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that AWR has given these in good faith, and are estimates.
    • The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

 

  1. Title
    • AWR and the Customer agree that ownership of the Goods shall not pass until:
      • the Customer has paid AWR all amounts owing to AWR; and
      • the Customer has met all of its other obligations to AWR.
    • Receipt by AWR 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.
    • It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 1:
      • the Customer is only a bailee of the Goods and must return the Goods to AWR on request.
      • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for AWR and must pay to AWR the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for AWR and must pay or deliver the proceeds to AWR on demand.
      • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of AWR and must sell, dispose of or return the resulting product to AWR as it so directs.
      • the Customer irrevocably authorises AWR to enter any premises where AWR believes the Goods are kept and recover possession of the Goods.
      • AWR may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of AWR.
      • AWR may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

  1. 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 PPS
    • 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 Goods and/or collateral (account) – being a monetary obligation of the Customer to AWR for Services – that have previously been supplied and that will be supplied in the future by AWR to the Customer.
    • The Customer 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 AWR may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • 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 11.3(a)(ii);
      • indemnify, and upon demand reimburse, AWR for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of AWR;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of AWR;
      • immediately advise AWR of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • AWR 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.
    • The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Customer 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 AWR, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Customer must unconditionally ratify any actions taken by AWR under clauses 3 to 11.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 11) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of AWR agreeing to supply the Goods, 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).
    • The Customer indemnifies AWR from and against all AWR’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising AWR’s rights under this clause.
    • The Customer irrevocably appoints AWR and each director of AWR 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.

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify AWR in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow AWR to inspect the Goods.
    • 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).
    • AWR 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, AWR makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. AWR’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Customer is a consumer within the meaning of the CCA, AWR’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If AWR is required to replace the Goods under this clause or the CCA, but is unable to do so, AWR may refund any money the Customer has paid for the Goods.
    • If the Customer is not a consumer within the meaning of the CCA, AWR’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty or warranty card provided to the Customer by AWR at AWR’s sole discretion;
      • limited to any warranty to which AWR is entitled, if AWR did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 13, returns will only be accepted provided that:
      • the Customer has complied with the provisions of clause 1; and
      • AWR has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1 to 13.8 but subject to the CCA, AWR shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Customer failing to properly maintain or store any Goods;
      • the Customer using the Goods for any purpose other than that for which they were designed;
      • the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Customer failing to follow any instructions or guidelines provided by AWR;
      • fair wear and tear, any accident, or act of God.
    • AWR may in its absolute discretion accept non-defective Goods for return in which case AWR may require the Customer to pay handling fees of up to twenty-five percent (25%) of the value of the returned Goods plus any freight costs.
    • Notwithstanding anything contained in this clause if AWR is required by a law to accept a return then AWR will only accept a return on the conditions imposed by that law.

 

  1. Intellectual Property
    • The Customer warrants that all designs, specifications or instructions given to AWR will not cause AWR to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify AWR against any action taken by a third party against AWR in respect of any such infringement.
    • The Customer agrees that AWR may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which AWR has created for the Customer.

 

  1. 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 two and a half percent (2.5%) per calendar month (and at AWR’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes AWR any money the Customer shall indemnify AWR from and against all costs and disbursements incurred by AWR in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, AWR’s contract default fee, and bank dishonour fees).
    • Further to any other rights or remedies AWR may have under this contract, if a Customer has made payment to AWR, 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 AWR under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this contract.
    • Without prejudice to AWR’s other remedies at law AWR shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to AWR shall, whether or not due for payment, become immediately payable if:
      • any money payable to AWR becomes overdue, or in AWR’s opinion the Customer will be unable to make a payment when it falls due;
      • the Customer has exceeded any applicable credit limit provided by AWR;
      • 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
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

  1. Cancellation
    • Without prejudice to any other remedies AWR may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions AWR may suspend or terminate the supply of Goods to the Customer. AWR will not be liable to the Customer for any loss or damage the Customer suffers because AWR has exercised its rights under this clause.
    • AWR may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice AWR shall repay to the Customer any money paid by the Customer for the Goods. AWR shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by AWR as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

  1. Privacy Act 1988
    • The Customer agrees for AWR 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 AWR.
    • The Customer agrees that AWR may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
      • to assess an application by the Customer; and/or
      • to notify other credit providers of a default by the Customer; and/or
      • 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
      • to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
    • The Customer consents to AWR being given a consumer credit report to collect overdue payment on commercial credit.
    • The Customer agrees that personal credit information provided may be used and retained by AWR for the following purposes (and for other agreed purposes or required by):
      • the provision of Goods; and/or
      • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
      • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      • enabling the collection of amounts outstanding in relation to the Goods.
    • AWR may give information about the Customer 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 Customer including credit history.
    • The information given to the CRB may include:
      • personal information as outlined in 1 above;
      • name of the credit provider and that AWR is a current credit provider to the Customer;
      • whether the credit provider is a licensee;
      • type of consumer credit;
      • 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);
      • 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 AWR has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
      • information that, in the opinion of AWR, the Customer has committed a serious credit infringement;
      • advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    • The Customer shall have the right to request (by e-mail) from AWR:
      • a copy of the information about the Customer retained by AWR and the right to request that AWR correct any incorrect information; and
      • that AWR does not disclose any personal information about the Customer for the purpose of direct marketing.
    • AWR 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 contract or is required to be maintained and/or stored in accordance with the law.
    • The Customer can make a privacy complaint by contacting AWR via e-mail. AWR 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 oaic.gov.au.

 

  1. 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.

 

  1. Trusts
    • 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 AWR may have notice of the Trust, the Customer covenants with AWR as follows:
      • the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
      • 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.
      • he Customer will not without consent in writing of AWR (AWR will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
        • the removal, replacement or retirement of the Customer 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.

 

  1. Compliance with Laws
    • The Customer and AWR shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
    • The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works.
    • 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.

 

  1. 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 Queensland, the state in which AWR has its principal place of business, and are subject to the jurisdiction of the Brisbane Courts in Queensland.
    • Subject to clause 13 AWR 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 AWR of these terms and conditions (alternatively AWR’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • AWR may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customer’s consent.
    • The Customer cannot licence or assign without the written approval of AWR.
    • AWR may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of AWR’s sub-contractors without the authority of AWR.
    • The Customer agrees that AWR 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 AWR to provide Goods to the Customer.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or 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.