• 0299792855

Terms of Trade

  1. Definitions
    • “DSG” means Dawson Sports Group Pty Ltd T/A Dawson Sports Group, its successors and assignsor any person acting on behalf of and with the authority of Dawson Sports Group Pty Ltd T/A Dawson Sports Group.
    • “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting DSG to provide the Goods (and/or Equipment on hire) 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 DSG 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).
    • “Equipment” means all Equipment including any accessories supplied on hire by DSG to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by DSG to the Customer.
    • “Price” means the Price payable for the Goods and/or Equipment hire as agreed between DSG (plus any GST where applicable) and the Customer in accordance with clause 5
    • “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
  2. 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/Equipment.
    • 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 DSG.
    • These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on DSG’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
    • 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, DSG reserves the right to vary the Price with alternative Goods as per clause 2.
    • Notwithstanding clause 2DSG also reverses the right at their discretion to introduce additional new Goods as part of the Goods to be supplied.
    • The Customer accepts and acknowledges that any request for Goods, the value of which exceeds the Customer’s agreed credit limit, will allow DSGto refuse or halt the supply of Goods to the Customer, until such time as the amount in excess of the credit limit has been paid, in accordance with normal trading terms.
    • The Customer acknowledges and agrees that to setup up and maintain a credit account; a minimum order value shall be specified in advance. In the event that the Customer requires delivery of Goods which fall below this value, then DSG reserves the right to impose a surcharge. Any such surcharge shall be disclosed either on request or at time of order.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  3. Errors and Omissions
    • The Customer acknowledges and accepts that DSG 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 DSG in the formation and/or administration of this contract; and/or
      • contained in/omitted from any literature (hard copy and/or electronic) supplied by DSG 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 DSG; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.
  4. Change in Control
    • The Customershall give DSG 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, change of trustees or business practice). The Customer shall be liable for any loss incurred by DSG as a result of the Customer’s failure to comply with this clause.
  5. Price and Payment
    • At DSG’s sole discretion the Price shall be either:
      • as indicated on any invoice provided by DSG to the Customer; or
      • the Price as at the date of delivery of the Goods/Equipment according to DSG’s current price list; or
      • DSG’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.
    • DSG reserves the right to change the Price if a variation to DSG’s quotation is requested.Any variation from the specifications (including, but not limited to, any variation due to unforeseen circumstances such as current market value changes, or due to fluctuations in the currency exchange rate or as a result of increases to DSG in the cost of materials and labour) will be charged for on the basis of DSG’s quotation and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by DSG within ten (10) working days. Failure to do so will entitle DSG to add the cost of the variation to the Price. Payment for all variations must be made in full at their time of completion.
    • At DSG’s sole discretion a deposit may be required.
    • Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by DSG, which may be:
      • before delivery of the Goods/Equipment;
      • by way of instalments/progress payments in accordance with DSG’s payment schedule;
      • thirty (30) days following the end of the month in which a statement is delivered to the Customer’s address or address for notices;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Customer by DSG.
    • Payment may be made by 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 DSG.
    • 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 DSG 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 DSG an amount equal to any GST DSG must pay for any supply by DSG under this or any other agreement for the sale of the Goods/hire of the Equipment. 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. Delivery of Goods/Equipment
    • Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
      • the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at DSG’s address; or
      • DSG (or DSG’s nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present at the address.
    • At DSG’s sole discretion the cost of Delivery is in addition to the Price.
    • Any time specified by DSG for Delivery of the Goods/Equipment is an estimate only. The Customer must take Delivery by receipt or collection of the Goods/Equipment whenever they are tendered for Delivery. DSG 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/Equipment as arranged then DSG shall be entitled to charge a reasonable fee for redelivery and/or storage.
    • DSG may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
  7. On-Line Ordering
    • The Customer acknowledges and agrees that:
      • DSG does not guarantee the website’s performance;
      • display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by DSG
      • on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
      • there are inherent hazards in electronic distribution, and as such DSG cannot warrant against delays or errors in transmitting data between the Customer and DSG including orders, and the Customer agrees that to the maximum extent permitted by law, DSG 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;
      • when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences;
      • if the Customer is not the cardholder for any credit card being used to pay for the Goods, DSG shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
    • DSG reserves the right to terminate the Customer’s order if it learns that the Customer has provided false or misleading information, interfered with other users or the administration of DSG’s business, or violated these terms and conditions.
  8. 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, DSG is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by DSG is sufficient evidence of DSG’s rights to receive the insurance proceeds without the need for any person dealing with DSG to make further enquiries.
    • If the Customer requests DSG to leave Goods outside DSG’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.
    • Any advice, recommendation, information, assistance or service provided by DSG in relation to Goods or Services supplied is given in good faith and shall be accepted without liability on the part of DSG 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.
  9. Title To Goods
    • DSG and the Customer agree that ownership of the Goods shall not pass until:
      • the Customer has paid DSG all amounts owing to DSG; and
      • the Customer has met all of its other obligations to DSG.
    • Receipt by DSG 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 1that the Customer is only a bailee of the Goods and must return the Goods to DSG on request.
      • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for DSG and must pay to DSG 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 DSG and must pay or deliver the proceeds to DSG 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 DSG and must sell, dispose of or return the resulting product to DSG as it so directs.
      • the Customer irrevocably authorises DSG to enter any premises where DSG believes the Goods are kept and recover possession of the Goods.
      • DSG 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 DSG.
      • DSG 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 clausefinancing 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/Equipment and/or collateral (account) – being a monetary obligation of the Customer to DSG for Services – that have previously been supplied and that will be supplied in the future by DSG 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 DSG 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 10.3(a)(ii);
      • indemnify, and upon demand reimburse, DSG 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/Equipment charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of DSG;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment and/or collateral (account) in favour of a third party without the prior written consent of DSG;
      • immediately advise DSG of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
    • DSG 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 DSG, 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 DSG under clauses 2to 10.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 10), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  2. Security and Charge
    • In consideration of DSG agreeing to supply the Goods/Equipment, 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 DSG from and against all DSG’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising DSG’s rights under this clause.
    • The Customer irrevocably appoints DSG and each director of DSG as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11including, but not limited to, signing any document on the Customer’s behalf.
  3. Defects, Warrantiesand Returns, Competition and Consumer Act 2010 (CCA)
    • The Customer must inspect the Goods/Equipment on delivery and must within seven (7) days of delivery notify DSG 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/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow DSG to inspect the Goods/Equipment.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • DSG 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, DSG makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. DSG’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, DSG’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If DSG is required to replace the Goods under this clause or the CCA, but is unable to do so, DSG may refund any money the Customer has paid for the Goods.
    • If the Customer is not a consumer within the meaning of the CCA, DSG’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 DSG at DSG’s sole discretion;
      • limited to any warranty to which DSG is entitled, if DSG did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 12, returns will only be accepted provided that:
      • the Customer has complied with the provisions of clause 1; and
      • DSG 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 1to 12.8but subject to the CCA, DSG 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/Equipment;
      • the Customer using the Goods/Equipment for any purpose other than that for which they were designed;
      • the Customer continuing the use of the Goods/Equipment 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 DSG;
      • fair wear and tear, any accident, or act of God.
    • DSG may in its absolute discretion accept non-defective Goods for return in which caseDSG may require the Customer topay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
    • Notwithstanding anything contained in this clause if DSG is required by a law to accept a return then DSG will only accept a return on the conditions imposed by that law.
  4. 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 DSG’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes DSG any money the Customer shall indemnify DSG from and against all costs and disbursements incurred by DSG in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, DSG’s contract default fee, and bank dishonour fees).
    • Further to any other rights or remedies DSG may have under this contract, if a Customer has made payment to DSG, 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 DSG under this clause 13where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
    • Without prejudice to DSG’s other remedies at law DSG shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to DSG shall, whether or not due for payment, become immediately payable if:
      • any money payable to DSG becomes overdue, or in DSG’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 DSG;
      • 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 DSG may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions DSG may suspend or terminate the supply of Goods/Equipment to the Customer. DSG will not be liable to the Customer for any loss or damage the Customer suffers because DSG has exercised its rights under this clause.
    • DSG may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are due to be delivered by giving written notice to the Customer. On giving such notice DSG shall repay to the Customer any money paid by the Customer for the Goods/Equipment. DSG shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Customer cancels delivery of the Goods/Equipment the Customer shall be liable for any and all loss incurred (whether direct or indirect) by DSG 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. Furthermore, if the Customer places an order for Goods with DSG and DSG places an order with a third party supplier to meet the Customer’s request, the Customer shall be liable for the cost of the Goods ordered thereby if the Customer cancels such order and the Goods have already been dispatched.
  2. Privacy Act 1988
    • The Customer agrees for DSG 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 DSG.
    • The Customer agrees that DSG 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 years.
    • The Customer consents to DSG 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 DSG for the following purposes (and for other agreed purposes or required by):
      • the provision of Goods/Equipment; and/or
      • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
      • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      • enabling the collection of amounts outstanding in relation to the Goods/Equipment.
    • DSG 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 1above;
      • name of the credit provider and that DSG 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 DSG has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
      • information that, in the opinion of DSG, 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 DSG:
      • a copy of the information about the Customer retained by DSG and the right to request that DSG correct any incorrect information; and
      • that DSG does not disclose any personal information about the Customer for the purpose of direct marketing.
    • DSGwill 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.
    • The Customer can make a privacy complaint by contacting DSG via e-mail. DSG 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.
  3. Unpaid Seller’s Rights
    • Where the Customer has left any item with DSG for repair, modification, exchange or for DSG to perform any other service in relation to the item and DSG has not received or been tendered the whole of any moneys owing to it by the Customer, DSG shall have, until all moneys owing to DSG are paid:
      • a lien on the item; and
      • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    • The lien of DSG shall continue despite the commencement of proceedings, or judgment for any moneys owing to DSG having been obtained against the Customer.
  4. Equipment Hire
    • Equipment shall at all times remain the property of DSG and is returnable on demand by DSG. In the event that Equipment is not returned to DSG in the condition in which it was delivered DSG retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all DSG shall have right to charge the Customer the full cost of replacing the Equipment.
    • The Customer shall:
      • keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
      • not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
      • keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by DSG to the Customer.
    • The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self insure, DSG’s interest in the Equipment and agrees to indemnify DSG against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
  5. Dispute Resolution
    • 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:
      • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
      • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
  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.
  2. 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 DSG may have notice of the Trust, the Customer covenants with DSG 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.
      • the Customer will not without consent in writing of DSG (DSG 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. 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 bythe laws of New South Wales, the state in which DSG has its principal place of business, and are subject to the jurisdiction of the Manly Court in that state.
    • Subject to clause 12, DSG 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 DSG of these terms and conditions (alternatively DSG’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
    • DSG 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 DSG.
    • DSG 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 DSG’s sub-contractors without the authority of DSG.
    • The Customer agrees that DSG 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 DSG 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.