General Terms and Conditions Australia

1 – General. In these General Terms and Conditions, the following terms shall have the following meanings: “TAWI™” refers to Piab Lifting Automation Australia Pty Ltd, or any affiliated company as the case may be, “Customer” refers to any person purchasing a Product and/or Services, “Contract” refers to any binding purchase contract for Products and/or Services, these General Terms and Conditions and any other written schedules/terms and conditions integrated by reference, the term “Product” or “Products” refer to any product or products (including Customized Products, spare parts and consumables) that TAWI™ has agreed to supply under a Contract, the term “Customized Product” or “Customized Products” refer to a product that is modified, designed or built according to Customer’s individual specifications/requirements, the term “Services” refers to installation, support, maintenance or other services provided by TAWI™.
The Contract (including these General Terms and Conditions) shall govern any offers (and Customer’s orders), sales and deliveries of the Products (including Customized Products) and the provision of Services by TAWI™ and constitutes the sole and entire agreement between TAWI™ and Customer with respect to the subject matter hereof. Conditions deviating from the Contract shall not be deemed valid unless TAWI™ has confirmed them expressly in writing.
Contracts for Customized Products will only be binding on TAWI™ upon Customer’s written acceptance of the technical specification/drawing and the quotation in respect of such product. The Customer confirms that the scope and specifications of the Products are sufficient for its purpose. Upon Customer’s acceptance, TAWI™ will send an order confirmation to Customer. Orders for Products must be confirmed in writing by TAWI™ and will be binding upon such confirmation.
All Products are provided to the Customer solely for its internal business purposes. The Customer will not resell the Products in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of TAWI™.
If the period of validity of an offer/quotation made by TAWI™ has not been specifically mentioned, this period shall be ten (10) days from the date of issue. A Contract shall be deemed concluded only after the Contract has been signed by an authorised officer of Customer and TAWI™ or upon TAWI™ carrying out Customer’s order.
2 – Deliveries etc. Delivery or shipping dates are approximate only and merely represent TAWI’s™ best estimate of the time required to make delivery or shipment. TAWI™ will not be liable for any loss or expense (direct, incidental, indirect, economic, consequential, or otherwise) incurred by Customer or any third party as a result of any delay in delivery.
Except as otherwise expressly stated herein, all deliveries for:
Products will be arranged by TAWI™ and will be delivered from TAWI's™ premises in Brisbane, Australia (unless otherwise notified by TAWI™). Customer shall reimburse TAWI™ for any and all costs for transportation, insurance and, in respect of the period after the date TAWI™ is prepared to make delivery, storage incurred by TAWI™. Title and risk of loss or damage will pass to Customer upon full and final payment of the Product.
Customer may only reschedule an order with TAWI’s™ written consent, which may be granted or withheld in TAWI’s™ sole and absolute discretion. A reschedule should not extend further than an additional thirty (30) calendar days from original delivery date requested. Reschedules may be subject to a ten (10) per cent penalty, as determined by TAWI™, based on total amount of the order or portion of the order rescheduled. Contracts for Products may not be cancelled without TAWI’s™ prior written consent.
Customer may add Products to a Contract upon TAWI’s™ written acceptance. As a principle, no additions will be accepted if confirmed delivery date occurs less than seven (7) days from such request.
Costumer shall inspect the Products immediately upon delivery and/or installation by TAWI™ and shall within three days of delivery and/or installation notify TAWI™ in writing of any matter or thing by reason whereof the costumer may allege that the Products are not in accordance with the contract. In case of failure to give such notice, the Products delivered and/or installed shall be deemed to be in all respects in accordance with the contract.
3 – Prices and Payment. The sale price(s) for Products (including Customized Products) and Services are accepted as stated in the Contract. Customer acknowledges that the pricing of the Products (including Customized Products) and the Services and other terms of the Contract have been set based on an agreed allocation of the risk for any defective/delayed Products (including Customized Products) and/or Services between the parties. Customer further acknowledges that the pricing and terms would have been different if there had been a different allocation of the risk.
Any Contract and any deliveries hereunder shall at all time be subject to the approval by TAWI™ of Customer’s financial condition. If the financial condition of Customer at any time becomes unsatisfactory to TAWI™ in TAWI’s™ sole discretion, or if Customer fails to make any payment when due, in addition to any other rights TAWI™ may have, TAWI™ may, even after a Contract has been concluded and notwithstanding the below, defer or decline to make any deliveries, refuse to grant or hold any credit or may condition any such delivery upon receipt of satisfactory security or cash payments in advance.
Except as otherwise expressly stated in the contract, TAWI™ shall invoice Customer prior to delivery on payment terms of cash in advance.
All payments shall be in the currency set out in the Contract. Customer shall make all payments without regard to whether Customer has made or may make any inspection or use of any Products (including Customized Products). No discounts or setoffs shall be made by Customer against any invoices unless approved in advance by TAWI™. Any invoiced amount which is not paid when due may bear interest at the annual rate of eighteen (18) per cent, until paid in full. TAWI™ reserves the right to exercise any of its lawful remedies if Customer does not make payments when due. Customer shall promptly reimburse TAWI™ for all costs and expenses, including attorneys’ fees, incurred by TAWI™ in collecting sums due it.
Except as otherwise expressly stated herein, the prices do not include federal, custom fees, state or local sales, use, goods and services, excise or other similar taxes applicable to any Products (including Customized Products) or Services involved in the transaction. All such taxes shall be paid by Customer, unless Customer provides TAWI™ with evidence satisfactory to TAWI™ of exemption from such taxes. When TAWI™ is required by law or regulation to collect such taxes, Customer agrees that TAWI™ will add such taxes to the sale price of the Products (including Customized Products) and/or Services.
Costumer shall at its cost obtain any permit, licence, authority or other document required by law, insurer or good commercial practice for the formation of this contract or its performance and Customer warrants to TAWI™ that such shall be in existence and current at the required times.
Customer hereby grants TAWI™ a security interest in all Products (including Customized Products) and all proceeds and products thereof until all amounts due or to become due hereunder have been paid. Any repossession and removal of Products (including Customized Products) shall be without prejudice to any of TAWI’s™ other remedies at law or in equity. Customer agrees, at any time and without further consideration, to do or cause to be done, executed and delivered, all such further acts and instruments (including without limitation financing statements appropriate for filing) as TAWI™ may reasonably request in order to perfect TAWI’s™ security interest.
Unless otherwise agreed the price specified does not include the cost of transportation, unloading, installation or commissioning.
Unless expressly stated otherwise, the price is exclusive of GST.
4 – Warranty and Liability. Except as otherwise stated in the Contract, TAWI™ warrants to Customer that the Products shall be free of defects in materials and workmanship for a period of twelve (12) months from date of delivery to Customer (“Warranty Period”). Warranty is valid for a period of 12 months for single shift
operations (8 hours per day, 5 days per week). TAWI’s™ warranty will not apply to any services provided by TAWI™ nor any Product with respect to which there has been (i) improper installation, storage or testing, (ii) failure to provide a suitable operating environment, (iii) use of the Product for purposes other than that for which it was designed, (iv) failure to monitor or operate the Product in accordance with TAWI™ specifications and good industry practice, (v) modification of the Product or attachment or removal or alteration of any part of the Product without the prior written approval of TAWI™, (vi) unusual mechanical, physical or electrical stress, (vii) modifications or repairs done by other than TAWI™ or a third party approved by TAWI™, (viii) use of spare parts and consumables not approved by TAWI™ (ix) mishandling during transportation of the Product; or (x) any other abuse, misuse, neglect or accident; or (xi) lack of maintenance.
Customer shall notify TAWI™ in writing promptly (and in no case later than thirty (30) calendar days after discovery) of the failure of any Product to conform to the warranty set forth above, shall describe in commercially reasonable detail in such notice the symptoms associated with such failure, and shall provide to TAWI™ the opportunity to inspect such Product, if possible. The notice must be received by TAWI™ during the Warranty Period for such Product. Within a reasonable time after receipt of Customer’s notice and verification by TAWI™ that the Product fails to meet the warranty set forth above, TAWI™ shall correct such failure by, at TAWI’s™ option, either (i) modifying or repairing the Product or (ii) replacing the Product. Such modification, repair or replacement and return shipment of the Product with minimum insurance to Customer shall be at TAWI’s™ expense. If TAWI™ is unable to modify, repair or replace a Product to conform to the warranty set forth above, then TAWI™ shall, at TAWI’s™ option, either refund to Customer or credit to Customer’s account the purchase price for the defect Product less depreciation calculated on a straight-line basis over TAWI’s™ stated Warranty Period. These remedies shall be Customer’s exclusive remedies if Products are nonconforming/breach of warranty. In no event shall TAWI™ be liable for any special, consequential, indirect or incidental damages. Customer is solely responsible for any and all representations and warranties regarding the Product made or authorized by Customer. Customer will indemnify TAWI™ and hold TAWI™ harmless from any liability, claims, loss, cost or expenses (including legal fees) attributable to Customer’s operations, or the Customer’s breach of this Agreement.
4 (b) - Consumer Warranty (If Applicable)
These clauses 4(b) shall apply if the Customer is a Consumer as defined in Schedule 2 Chapter 1 Section 3 of the Competition and Consumer Act 2010 (Cth) (“Act”) (“Consumer”). All rights under the warranty set out at clause 4(a) (“Warranty”) above are provided in addition to any warranty or guarantee imposed by law and in particular the guarantees implied by the Act. In no way does this clause seek to exclude or limit
any right or remedy a Consumer has in law. However, to the extent that it is permitted by law any warranties or guaranties are excluded if the Customer is not a Consumer.
Should the Customer or Consumer wish to make a warranty claim under the Warranty the Customer or Consumer is required to first notify TAWI™, within the warranty period defined above. Unless TAWI™ is otherwise required by law to do so, the Customer must arrange for and bear the cost of the return of the Product to TAWI™.
If the Customer is a Consumer, the Warranty is provided in addition to other rights and remedies the Customer may have as a Consumer. In these circumstances the Product come with guarantees that cannot be excluded under the Australian Consumer Law. In these circumstances the Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer who is a Consumer is also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure. All conditions and warranties implied by law or statute are hereby otherwise expressly excluded so far as legally possible. TAWI™ is not otherwise liable for any direct, indirect or consequential loss, costs or damage howsoever arising or occurring, whether founded in tort, contract, and statute or otherwise to the extent permitted by law.
4 (b) – Intellectual Property
In the event a Product or any part thereof infringes any intellectual property right of any third party, TAWI™ shall, by its own election and at its own expense, either (i) procure for Customer the right to continue using such Product, or modify it so that it becomes non-infringing, or (ii) remove such Product, or part thereof, and grant Customer a credit thereon and accept its return. TAWI™ shall not be obligated to settle or defend any suit or proceeding, or be liable for any costs or damages. TAWI’s™ liability hereunder shall not exceed the purchase price paid by Customer for the allegedly infringing Product. This clause 4 shall govern also Customized Products.
It is the responsibility of Customer to establish equipment required for hazardous or explosive locations.
5 – Software. If the delivery includes software, the following special terms and conditions shall apply: TAWI™ grants the Customer a non-exclusive, non-transferrable right for its employees to access and use the software, subject to the following restrictions. The Customer may only use the software (a) for the Customer’s internal business purposes; and (b) in accordance with the relevant end user licence agreement. Although all software has been designed and controlled with due care, it has to be assumed that it steadily undergoes a development process. Should any programming errors be discovered, TAWI™ will correct the deficiencies pursuant to Section 4 above. TAWI™ has no liability for damage deriving from faulty or
incomplete programming.. The obligation to correct errors in compliance with the warranty granted, is limited to the correction of errors. TAWI™ makes no guarantee that the software will be accessible or usable at any given time or that access will be continuous, uninterrupted, or error free. TAWI™ accepts no liability for any consequences in connection with the software being unavailable.
The software is owned by TAWI™ and is protected by national copyright law and international treaty provisions. Customer agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the software. If certain third-party software is distributed to Customer by TAWI™, Customer undertakes to comply with any terms that apply for the use of such third-party software. TAWI™ disclaims any liability whatsoever pertaining to any third-party software.
6 – Services. If the Contract includes Services, the following special terms and conditions shall apply: TAWI™ will perform the Services with reasonable skill and care. The Customer confirms that the scope is sufficient for its purpose. TAWI™ undertakes to provide the Services in accordance with and within the period specified in the Contract. Customer undertakes also to provide TAWI™ such assistance as TAWI™ may require. TAWI™ will not be liable for any loss or expense (direct, incidental, indirect, economic, consequential or otherwise) incurred by Customer or any third party as a result of delay in delivery of Services. In the event Services should be defect, TAWI™ undertakes to correct such failure. If TAWI™ is unable to correct any failure, then TAWI™ shall, at TAWI’s™ option, either refund to Customer or credit to Customer’s account part of the agreed price, if any, for the Service that corresponds to the defect. These remedies shall be Customer’s exclusive remedies in the event of defect in Services. In no event shall TAWI™ be liable for any special, consequential, indirect or incidental damages.
7 – Proprietary Rights. No license or rights, either express or implied, or by reason of estoppel, is granted hereby with respect to any patent, patent application, know-how, technology, process, technical information, trademark, source code, trade name or any other rights or property of TAWI™, including but not limited to any customizations or modifications of hardware or software made by TAWI™, including those based on Customer’s (or end-customer’s) ideas or specific requirements. All drawings, specifications, calculations or reports created by TAWI™, are only to be used for the relevant project and remains property of TAWI™. They shall not be used for future additions, alterations or other projects without the written consent of TAWI™.
8 – Force Majeure. Any delay or failure of either party to perform its obligations shall be excused if such delay or failure is the result of an event or occurrence beyond the reasonable control of the party and without its fault or negligence (including but not limited to acts of public enemies, strikes, riots, war, general shortage of raw materials,
pandemic (including any effect caused by COVID-19. “COVID-19”: means the outbreak of the virus known as “SARS-CoV-2” or any mutation thereof or the disease known as “coronavirus disease 2019”, as it exists as of the date of the Contract), serious fire, flood, earthquake or other natural catastrophe); provided that written notice of such delay (including the anticipated duration of the delay) shall be given by the affected party to the other party as soon as possible after the event or occurrence (but in no event more than ten (10) days thereafter). If such delay or failure to perform by a party lasts more than one (1) month, the other party may immediately terminate the Contract without liability.
9 – Other Impediments. If there is a risk, in TAWI’s™ sole discretion, that a delivery to Customer will harm the reputation of TAWI™, affect or endanger any commercial relations of TAWI™ or otherwise have an adverse effect on TAWI’s™ or its business, TAWI™ shall have right to postpone or cancel deliveries hereunder without liability. If TAWI™ postpones a delivery, Customer shall have the right to immediately terminate the Contract (or that part of a Contract) that governs the delivery without liability.
10 – Miscellaneous. Any Contract shall be governed by the laws of Queensland, Australia. Both parties irrevocably submit to the exclusive jurisdiction of Queensland. Any action or proceedings by TAWI™ against Customer must either be brought in Queensland, Australia, or otherwise in any court(-s) having jurisdiction over the location of TAWI™.
If any term(-s) of a Contract is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term(-s) shall be deemed reformed or deleted, as the case may be, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of the Contract shall remain in full force and effect.
Where the Customer consists of more than one party, an act or omission of one party will be regarded as an act or omission of all.
Unless the Agreement expressly provides otherwise, no party may assign, transfer or deal with their rights or obligations under the Agreement without the prior written consent of the other party. Such consent must not be unreasonably withheld.
Both parties will comply with the Privacy Laws in relation to any Personal Information shared with us under this Agreement.
Any provision of this Agreement which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of this Agreement.
The failure or omission of a party at any time to enforce or require compliance with any provision of this Agreement or exercise any right, election or discretion under this Agreement shall not operate as a waiver of that right, election or discretion.
GENERAL TERMS AND CONDITIONS, INSTALLATION & SERVICES
1. Introduction
1.1 TAWI™ may provide the following services to you under these terms; installation of products manufactured by us, repairs and maintenance of TAWI™ products and general servicing of TAWI™ products (‘Services’).
1.2 These terms apply to the Services you have engaged us to provide under the attached Quote. These terms together with the Quote form the entire Agreement between you and us in relation to the Services. If anything in these terms is inconsistent with the Quote, these terms take precedence, unless the Quote specifically amends any of them.
1.3 These Terms will start on the earlier of (i) the date set out in the Quote; or (ii) the commencement of the Services.
2 Services
2.1 We will perform the Services with reasonable skill and care in accordance with the plans and specifications (“Scope”) set out in the Quote or your tender. You confirm that the Scope set out in the Quote or tender is sufficient for your purpose. Where such details, plans or specifications appear to TAWI™ inadequate or incorrect, TAWI™ may, but is under no obligation so to do, make minor amendments to the Scope. TAWI™ will not be responsible for any defects or inaccuracies resulting from inadequate or incorrect details, plans or specifications provided by you.
2.2 The Quote is based on free and unrestricted access to all required work areas within the Site. We will use reasonable endeavours to leave the Site in a clean manner. We are not responsible for the cleanliness of any other contractor.
2.3 All Services will comply with applicable building laws, regulations and licensing requirements in force at the time the Services are rendered. The Customer will at its sole expense be responsible for securing all required permits and approvals of work to be performed by TAWI™.
2.4 Any date or time quoted for delivery and completion of the Services is an estimate. We will endeavour to complete the Services in the time required by you. We will not be liable for any delay or failure to deliver the Service or materials caused by you, or as a result of any matter outside our control, or any loss or damage you may suffer as a result. You will be responsible for any increased cost as a result of delays outside of our control, including union activity affecting your business.
2.5 TAWI™ 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 TAWI™. The stability of the Customer’s driveways, gantries, buildings, foundations, roof trussers or any other structure is the responsibility of the Customer. If during or after the work any damage has occurred due to the lack of stability it will be the
responsibility of the Customer to pay for all cost for rectification work, engineering or any other requirement for resolution. If existing support structure will be used, a confirmation on stability need to provided by others.
2.6 The Customer is responsible for safe working conditions at the site, including executing suitable procedures regarding hazardous materials, energization and de-energization of power systems. The Customer shall immediately remedy any unsafe working condition at the site. TAWI™ is entitled to suspend or terminate work in the event it determines that the site is unsafe. TAWI™ has no responsibility or liability for pre-existing condition of the site, including, without limitation, safety rules, building codes, zoning ordinances or other regulations or laws. In the event that any unsafe working condition or failure of the site to comply with a regulation results in an increase of cost or time required for the work TAWI™ will make an adjustment in work schedule and price. The Customer permits TAWI™ to perform disassembly and inspection of any equipment necessary for the installation or service, including provision of all necessary parts and labor, and agrees that TAWI™ is not responsible for any damage or loss due to causes beyond the control of TAWI™ .
2.7 All steelwork will be supplied in our standard paint finish (RAL9011). If any other finish is required, you must notify us in advance and this will be subject to an additional cost.
2.8 The following are excluded from the Services unless otherwise set out in the Quote; (i) load testing, (ii) all onsite electrical connection and wiring. Customer. Services to equipment, either air or electrical, is to be supplied by the Customer via required isolators.
3 Your responsibilities
3.1 In order for us to perform the Services, you must ensure that the Services (i) can be completed without interruption, (ii) in a continuous manner, (iii) on the agreed dates and (iv) amenities, water and power are freely available. You are responsible to ensure that any other necessary building or plumbing works or electrical installations not specified in the Quote are completed prior to the Services commencing.
3.2 You are responsible for ensuring the Site is adequately insured for the duration of the Services.
3.3 You are responsible for compliance with all occupational health and safety laws relating to Site and any other relevant safety standards or legislation. You will inform us of (i) all general and specific safety requirements as and when they arise, in relation to the Site; and (ii) any incident or potential hazard that may cause harm to us or our employees.
3.4 Unless specifically stated in the Quote, the price is based on the assumption that the Site will be free of any hazardous material. You accept full responsibility for the removal of any hazardous material and the resolution of any problems or for delays and additional costs which may result from the presence of hazardous materials in or about the Site.
3.5 If a forklift or access equipment will be required for the Services ite the forklift or other access equipment will be provided by the Customer at its cost (unless agreed otherwise) and to be operated by qualified TAWI™ employees, agents or contractors.
3.6 Three phase and single phase power outlets must be available within 30 meters of the work area for the use of power tools required for the Services to be provided.
3.7 The price quoted for crane installations are based on the following: installing the crane with chem-anchors, concrete min strength of C20/25, concrete with suitable thickness for crane system load. Where we determine the concrete is insufficient, a footing and base bolt support may be required, which will be an additional cost to the Customer.
4 Price
4.1 You will make payment for all Services and Materials in accordance with the Quote.
4.2 Unless otherwise provided in the Quote all invoices are payable within 14 calendar days of the date of the invoice. If you do not pay an invoice on time we may charge you interest at the rate set by law.
4.3 Our Quote is valid for 30 days. If you do not accept the Quote within 30 days, no agreement is formed between us. We reserve the right to increase the price of any Materials at any time if we are subject to a price increase from the supplier.
4.4 All prices are exclusive of GST unless otherwise stated in the Quote. You will also pay any taxes, including GST, that are due in relation to the Services and Materials. You will pay us the full amount of any invoice, without set off, regardless of any deduction that you are required by law to make.
4.5 Unless stated otherwise, the Quote assumes standard working hours between the hours of 7:00am-4:30pm Monday-Friday. Services required outside these hours may attract out of hours premium rates.
5 Warranties
5.1 We warrant that the Services will be defect free for a period of 12 months from the date of completion. If a defect is reported to us within the warranty period, then we will either replace or repair the defect, subject to clause 5.2.
5.2 The warranty relates to the Services only and does not extend to the TAWI™ products that are covered under the product warranty as set out in the General Terms and Conditions relating to the purchase of the products.
5.3 Further, the warranty does not extend to goods not supplied by us, physical damage to the materials or Site, fair wear and tear, failure to comply with the manufacturer’s service or operational requirements, or any instance where our Services have subsequently been altered or tampered with by you or a third party.
5.4 All rights under the warranty are provided in addition to any warranty or guarantee imposed by law and in particular the guarantees implied by the Competition and Consumer Act 2010 (Cth). In no way does this clause seek to exclude or limit any right or remedy the Customer has at law.
6. Liability
6.1 You agree that we will not be liable for (i) loss or damage to the Site, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
6.2 You agree that we will be liable only when we are at fault for our actions or omissions. Our total liability for all claims connected with the Services, these Terms, or any indemnity (including but not limited to negligence) is limited to the fees payable (excluding GST) under these Terms.
6.3 Nothing in the Terms will limit a person’s liability for: (a) death or personal injury caused by that person’s negligence; (b) that person’s fraud; or (c) anything else that cannot be limited by law.
6.4 You indemnify us and our directors and employees against all losses we may suffer which arise from damage or injury to (i) the Site, or (ii) our property left at the Site, (iii) our personnel at the Site, as the result of your breach of these Terms.
7 Termination
7.1 Either we or you may end these Terms immediately by giving written notice to the other if (i) the other materially breaches it and does not remedy the breach within 5 business days upon receipt of a notice, (ii) the other is or appears likely to be unable to pay its debts or becomes insolvent or (iii) the performance of these Terms may breach a legal or regulatory requirement.
7.2 If the Services have not commenced, either we or you may end these Terms on 14 calendar days’ written notice.
• Cancellation or postponement within 8-14 calendar days of service will incur a cancellation fee up to 50% of the quoted works.
• Cancellation or postponement within 7 calendar days of service will incur a cancellation fee up to 100% of the quoted works.
7.3 You agree to pay us for all Services we perform up to the date of termination including any materials already acquired by us. Any fees payable in advance will be non-refundable.
8 General
8.1 Force majeure – No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of God, strike, pandemic or Material unavailability.
8.2 Entire agreement – These Terms forms the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.
8.3 Law and jurisdiction – These Terms shall be governed and construed by the laws of Queensland, Australia. Both parties irrevocably submit to the exclusive jurisdiction of Queensland. If a dispute arises, the parties will attempt to resolve it by mediation before commencing legal proceedings.
8.4 Assignment – We may assign, these Terms to a third party upon reasonable notice to you.
8.5 Compliance with Law – Both you and we will comply with all applicable laws and regulations relevant to the receipt of the Services.
8.6 Severability - Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of these Terms.
8.7 Waiver - The failure or omission of a party at any time to enforce or require compliance with any provision of these Terms or exercise any right, election or discretion under these Terms shall not operate as a waiver of that right, election or discretion.
8.8 Survival - The provisions of these Terms which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind each of the parties including, but not limited to, 2, 4, 5, 6, 7, 8, 9.3, 10 and 11.
8.10 Relationship – We are engaged by you as an independent contractor and nothing in these Terms creates or constitutes a relationship of employer and employee, principal and agent, trustee and beneficiary or of partnership or joint venture between us.
8.11 Referring to you and the Services – We may wish to refer to you and the Services we have performed for you when marketing our Services, including taking photos of the completed Services and Site for promotional purposes. You agree that we and they may do so, as long as we do not disclose your confidential information.
9 Interpretation
In these Terms the following words and expressions have the meanings given to them below:
GST – (a) GST has the same meaning as in the GST Law; (b) GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Quote - Our offer to perform the Services for you such as a quote, proposal or order form, which is attached to these Terms;
Site – the premises where the Services are to be rendered as set out in the Quote.
Terms – these terms, any agreed service specific terms and the Quote to which they relate;
we, us, our or TAWI™ – refers to Piab Lifting Automation Australia Pty Ltd (ACN 660 851 114) you, your, Customer – the Customer as set out in the Quote.
Company Information: TAWI means Piab Lifting Automation Australia Pty Ltd (ACN 660 851 114), PO Box 5546, Manly, 4179, QLD, Australia
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