These Terms and Conditions apply to purchases from Bauwerk Colour Australia Pty Ltd through the Australian Bauwerk Colour website, by telephone, email, quotation, invoice, trade account or any other agreed ordering method.
Bauwerk Colour Australia Pty Ltd
ABN: 17 675 546 371
Principal business address: 1/15 Emplacement Crescent, Hamilton Hill WA 6163, Australia
Postal address: PO Box 599, South Fremantle WA 6162, Australia
Telephone: +61 8 9433 3860
Email: info@bauwerk.com.au
In these Terms:
These Terms apply to every quotation, order, sale and supply of Goods by Bauwerk unless we expressly agree otherwise in writing.
These Terms form part of a contract only where they are provided, displayed or brought to the Customer’s attention before the contract is formed.
By placing an order after having a reasonable opportunity to review these Terms, accepting a quotation that refers to these Terms, or paying an invoice issued on these Terms, you agree to be bound by them.
Opening or using Goods does not by itself impose Terms that were not properly incorporated into the contract before or when the contract was formed.
If you order on behalf of a company, partnership, trust, client or other person, you warrant that you have authority to bind that person to these Terms.
These Terms operate together with the versions made available to the Customer before the contract is formed of any applicable:
A later change to a published policy or technical document does not retrospectively alter an existing accepted order, except as permitted under section 33.
If there is an inconsistency, the following order of precedence applies:
This order of precedence does not limit a right or remedy that cannot lawfully be excluded or modified.
A Customer’s purchase order, contractor terms, procurement conditions or other document does not vary these Terms unless we expressly accept the variation in writing.
The contractual language is English.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
A business may qualify as a Consumer under the ACL in certain circumstances.
References in these Terms to Consumers therefore include business Customers to the extent that the ACL applies to their acquisition.
Any limitation, exclusion or qualification in these Terms applies only to the maximum extent permitted by law.
Nothing in these Terms is intended to misrepresent or limit a Customer’s rights under the ACL.
Website content, colour descriptions, images, coverage estimates, application guidance and other product information are provided to assist product selection and use.
Unless we expressly agree otherwise in writing, we do not provide architectural, engineering, building, structural, heritage, waterproofing, occupational health, legal or other regulated professional advice.
General guidance from Bauwerk does not replace:
Recommendations based on photographs, descriptions, samples, telephone conversations, email exchanges or other remotely supplied information are necessarily limited by the accuracy and completeness of the information made available to us.
You remain responsible for determining whether the selected product, colour, preparation system and application method are suitable for the intended Project, except to the extent that:
We take reasonable care to ensure that website information is accurate. Minor errors, omissions or differences may occur.
Product images and colours displayed on a screen are indicative only.
Colour display varies according to:
Website display of a product does not guarantee availability.
We may update product information, packaging, formulation, specifications or availability where reasonably necessary, provided that we do not do so in a way that breaches an existing contract or applicable law.
Where a material change to a product is reasonably likely to affect its suitability for an accepted order, we will take reasonable steps to:
Unless stated otherwise, a quotation is valid for 30 days and may be withdrawn before acceptance.
Website product displays and prices are invitations to place an order and are not binding offers by us.
Your order is an offer to purchase Goods on these Terms.
A contract is formed when we:
whichever occurs first.
An automated acknowledgement that we have received an order does not necessarily constitute acceptance. We will make the status of the communication reasonably clear.
We may decline or cancel an order before acceptance where reasonably necessary, including because of:
If we cancel an order after payment and no Goods are supplied, we will refund the amount paid for the cancelled Goods, including any delivery charge attributable solely to those Goods.
Unless stated otherwise, prices shown for Australian orders are in Australian dollars and include GST.
Delivery, express freight, remote-area charges, redelivery charges, special handling and other applicable costs are additional unless expressly included.
Any additional charge payable before fulfilment will be disclosed before the Customer places the order or otherwise agreed with the Customer.
Payment is required at the time and by the method stated at checkout, on the quotation or on the invoice.
We may require full payment before production, tinting or dispatch.
For approved Trade Customers with credit terms:
We may apply payments against outstanding invoices in a reasonable order.
A payment is not effective until cleared funds are received.
You must take reasonable care when providing or approving:
You should promptly review the quotation, checkout summary and order confirmation and notify us of any Customer error as soon as possible. This does not transfer responsibility to the Customer for an error made by Bauwerk and does not limit any right under the ACL.
Coverage figures are estimates only.
Actual coverage depends on factors including:
You are responsible for ordering sufficient material for the entire Project, including an appropriate allowance for:
We do not guarantee that material ordered later will be identical to material supplied in an earlier production batch.
For visually continuous areas, the Customer should order the full required quantity at one time and comply with the batch-management provisions in these Terms.
Bauwerk Limewash is made using mineral ingredients and natural pigments.
Its appearance is affected by:
The appearance of an applied limewash finish may legitimately include tonal movement, clouding, texture, variation and other visual characteristics associated with limewash.
A sample pot, colour card, printed image, digital image or previously completed Project is a guide and not an absolute guarantee of appearance on another surface or under different conditions.
Natural, material or production variation does not of itself establish that Goods are defective.
This section does not exclude responsibility where Goods are materially different from their description or sample in circumstances where the ACL or another law provides a remedy.
Before applying Goods generally, the Customer and applicator must take reasonable steps to:
Testing should be completed on the actual Project surface wherever reasonably possible.
A small isolated patch may not reliably represent a large completed wall or surface.
Approval of a sample pot does not remove the need to test the delivered production material before general application.
For additions, extensions, repairs or later orders, the new material must be tested against the completed surface before it is applied generally.
Trade Customers and professional applicators are expected to undertake these checks as part of normal professional Project control.
Except where prohibited by law, continued application after a discrepancy becomes, or reasonably should have become, apparent may affect the extent of any recoverable loss.
Containers intended for the same visually continuous area should be checked before use.
Where multiple containers are used, the applicator should:
to minimise visible batch or container variation.
Different batches should not be started and stopped in the middle of a continuous wall or surface without prior testing and an appropriate transition method.
The Customer must take reasonable steps to retain labels, batch information and a reasonable quantity of unused material until the Project has been completed and accepted.
To the extent permitted by law, we are not responsible for differences resulting solely from:
We manufacture and supply Goods.
Unless separately agreed in writing, we do not supervise or control:
Selection and management of the painter, builder, contractor or applicator remain the Customer’s responsibility.
References to independent applicators or stockists are informational unless we expressly state otherwise.
Independent businesses are not our employees, agents or subcontractors.
The Customer must ensure that Goods are used safely and in accordance with:
Unless we expressly guarantee a particular delivery date in writing, all dispatch dates, delivery dates and transit times stated by Bauwerk or a carrier are estimates or service targets only.
We and the carriers we use take reasonable steps to meet stated delivery targets. Exact delivery cannot always be achieved because delivery may be affected by road and traffic conditions, severe or adverse weather, accidents, fires, floods, transport-network disruption, industrial action, carrier capacity, peak-period demand, mechanical failure, aviation disruption, remote-area schedules, incorrect or incomplete delivery information, access restrictions and other circumstances affecting transport or fulfilment.
An estimated delivery window does not become a guaranteed delivery date merely because the Customer tells us that the Goods are urgently required or arranges contractors or Project work in reliance on the estimate.
The descriptions express, priority, overnight, next-business-day and similar terms identify the carrier service selected and its usual delivery target. They do not constitute a guarantee by Bauwerk that delivery will occur on the next day or next Business Day unless we expressly guarantee that date in writing.
In particular, an overnight or next-business-day service may arrive later than its target because of carrier collection cut-off times, the time required to prepare or tint the Goods, the day and time of dispatch, the delivery postcode, weekends or public holidays, road or weather conditions, network capacity, service exclusions or other transport conditions.
Any additional amount paid for an express, priority or overnight service purchases the selected carrier service and its prioritised handling. It does not convert the carrier’s delivery target into a guaranteed arrival time unless expressly stated in writing.
Unless stated otherwise, a carrier transit estimate:
A delivery date is guaranteed only where Bauwerk expressly agrees in writing that the date is guaranteed.
Where we give such a guarantee, it remains subject to:
Nothing in this section excludes a right or remedy arising where we fail to meet an express delivery commitment or fail to supply within a reasonable time in circumstances where applicable law provides a remedy.
You must provide a complete, accurate and accessible delivery address and disclose relevant site restrictions.
Where the Customer gives authority to leave, the carrier may leave the Goods at the nominated location without obtaining a signature.
To the extent permitted by law, the Customer bears the risk of theft, loss or weather exposure occurring after the Goods have been correctly delivered in accordance with those instructions. This does not exclude responsibility for delivery to the wrong address, failure to follow the authority-to-leave instructions, damage occurring before delivery, or any other matter for which Bauwerk is legally responsible.
Risk in Goods passes:
Where we arrange the carrier, we remain responsible for our contractual obligations and for obligations imposed on us by applicable law.
Customers should contact Bauwerk about loss, damage or material delay. We may investigate and pursue the matter with the carrier on the Customer’s behalf.
The Customer must take reasonable steps to inspect a delivery promptly after receipt and before the Goods are used.
The inspection should include, where relevant:
Where Goods appear to have been lost, damaged or interfered with in transit, the Customer should, as soon as reasonably practicable:
Where reasonably practicable, the Customer should also record a continuous video of:
A Trade Customer should, where practicable:
Failure to complete a carrier notation does not automatically extinguish a non-excludable legal right, but it may affect the available evidence concerning when and how the damage occurred.
A missed estimated delivery date does not of itself establish a breach of contract.
To the extent permitted by law, Bauwerk is not liable for delay to the extent it is caused by circumstances outside our reasonable control and could not reasonably have been avoided, including:
This section does not remove Bauwerk’s responsibility as the seller to take reasonable steps to resolve delivery problems, to provide accurate information, to meet an express delivery commitment, or to supply within a reasonable time as required by applicable law.
If we become aware of a material delay, we will take reasonable steps to:
Customers should not commit contractors or commence time-sensitive work solely in reliance on an estimated delivery date, including the target for an express, priority or overnight service.
Goods should be received, checked and tested before final application dates are fixed.
This section does not apply to the extent Bauwerk has expressly guaranteed a delivery date in writing or applicable law provides otherwise.
If delivery cannot be completed because of an incorrect address, inaccessible premises, absence of an authorised recipient or another Customer-controlled circumstance, we may charge the reasonable and evidenced costs of:
We will not charge an amount caused by Bauwerk’s or the carrier’s error or otherwise prohibited by law.
If Goods are returned to us after a failed delivery, we will contact the Customer where reasonably practicable.
For Goods that are tinted, custom-made, perishable through unsuitable storage, or otherwise not reasonably resalable, any cancellation, refund, redelivery or disposal will be dealt with under these Terms and applicable law.
Nothing in this section excludes rights arising from a delay, failed delivery or non-supply for which we are legally responsible.
The Customer must protect Goods from:
Paint must not be stored below the minimum temperature stated on the product label or technical information.
Deliveries must be directed to a location where temperature-sensitive Goods can be received promptly and stored appropriately.
To the extent permitted by law, we are not responsible for deterioration caused after delivery by unsuitable storage or handling.
An accepted order may be changed or cancelled only with our agreement, except where the Customer has a statutory right to cancel.
Because paint and tinted Goods may be manufactured or prepared specifically for an order, we may be unable to accept cancellation once:
If we agree to a Customer-requested cancellation, we may deduct reasonable costs actually incurred, provided the deduction is lawful, proportionate and disclosed to the Customer.
We will not impose a fixed cancellation percentage that materially exceeds our reasonable costs.
We will not impose a cancellation charge where cancellation arises from our major failure or where applicable law requires otherwise.
We are not required to provide a refund or replacement merely because a Customer:
We may accept a change-of-mind return at our discretion under our published Shipping & Returns Policy.
Tinted paint, opened products, used products, samples, colour cards, custom products, clearance Goods and Goods that cannot safely be resold are generally not returnable for change of mind.
This section does not affect rights arising from Goods that are faulty, unsafe, damaged before delivery, incorrectly described, do not match a sample or demonstration model, are unfit for a disclosed purpose, or otherwise fail to comply with a consumer guarantee or other applicable law.
If the Customer believes Goods may be incorrect, damaged, contaminated, defective, mistinted or otherwise unsuitable, the Customer must take reasonable steps to:
Where only part of a container has been used, the remaining material should not be:
A Product Claim should include, where reasonably available:
Bauwerk may request reasonable proof of purchase before providing a remedy. Proof of purchase may take any reasonable form and is not limited to an original receipt.
The Customer must take reasonable steps to retain and protect, until the claim has been resolved or Bauwerk confirms that retention is no longer required:
Goods and samples must be stored in accordance with the product storage instructions and protected from:
Where photographs are relied upon, the Customer should provide Original Digital Files where reasonably available.
Screenshots, photographs of another screen, files copied from social media, messaging-application images, PDF extracts and other compressed or re-saved images may be accepted as preliminary information but may not be sufficient for a final technical assessment.
The Customer should provide images showing:
Photographs should be:
The Customer must not knowingly submit an image, video, sample or record that:
Where an image or video has been cropped, annotated, colour corrected, filtered, enhanced, converted, compressed or otherwise edited, the Customer must disclose this where the alteration could affect assessment of the claim.
Bauwerk may reasonably request:
The absence of metadata does not by itself invalidate a claim, but Bauwerk may take it into account together with the other available evidence.
Where reasonably necessary and proportionate to assess a claim, Bauwerk may request a continuous, unedited video showing:
The video should not use colour filters or effects.
Where possible, the video should show the issue under:
Bauwerk will not require video evidence where doing so would be unreasonable, disproportionate, unsafe or unnecessary.
For a claim concerning colour, finish, adhesion, coverage, texture, drying or application performance, the Customer should provide, where reasonably available:
For a claim that paint or limewash is mistinted, incorrectly formulated or materially different in colour, the Customer must take reasonable steps to:
A colour comparison should not rely solely on:
Bauwerk may reasonably require the Customer to return all or part of the disputed Goods for:
Where requested, the Customer must:
Bauwerk will bear reasonable collection or return costs where required by the ACL or where the claim is accepted.
If the Goods are large, heavy or difficult to return, we will arrange collection or assessment where required by the ACL.
If testing establishes that the Goods did not comply with an applicable consumer guarantee or contractual requirement, Bauwerk will provide the remedy required by law.
If testing does not identify a product failure, Bauwerk will provide a reasonable summary of the result where appropriate.
Depending on the nature of the claim, Bauwerk may use:
Bauwerk may request reasonable access to the Project to inspect:
Access must be arranged at a reasonable time and subject to applicable site, safety, privacy and security requirements.
Where physical attendance is disproportionate or impracticable, Bauwerk may propose:
Except where urgent action is reasonably necessary to prevent injury, property damage or materially greater loss, the Customer should not undertake substantial Rectification Work before:
Where urgent Rectification Work is necessary, the Customer should, before commencing and where reasonably practicable:
Rectification before Bauwerk has had a reasonable opportunity to investigate may affect the ability to establish:
It does not extinguish a right that cannot lawfully be excluded.
Where a Customer relies on an opinion from a painter, builder, consultant, laboratory or other third party, Bauwerk may request:
Bauwerk may obtain its own technical opinion or independent assessment.
Bauwerk may require the claimant or responsible Trade Customer to confirm in writing that, to the best of their knowledge:
This confirmation is intended to support a fair investigation and does not remove any non-excludable legal right.
If the information supplied is insufficient to reasonably determine the claim, Bauwerk may request further Claim Evidence.
Bauwerk may defer a final decision for a reasonable period while material information, access, samples or Goods reasonably required for the investigation remain outstanding.
Bauwerk will not reject a genuine claim solely because a particular document, photograph, metadata field, sample or container is unavailable where:
Bauwerk may nevertheless take missing, destroyed or unavailable evidence into account when assessing whether the nature, cause, extent and value of a claim have been established.
Where Claim Evidence appears inconsistent, incomplete, altered, substituted or otherwise unreliable, Bauwerk may:
Bauwerk will not accuse a Customer of fraud without an objectively reasonable basis.
Where there is credible evidence of deliberate falsification, substitution, staged damage, manipulated evidence or another dishonest act, Bauwerk may:
Nothing in this section permits Bauwerk to withhold a remedy that the Customer is legally entitled to receive.
The Customer acknowledges that Original Digital Files may contain technical metadata, including:
Bauwerk will request and use only Claim Evidence reasonably necessary for purposes connected with:
Claim Evidence will be handled in accordance with our Privacy Policy and applicable privacy law.
Nothing in this section requires a Customer to retain, transport, open, handle or return Goods where doing so would create a material health, safety, environmental or property risk.
The Customer must follow:
Where physical retention is unsafe, the Customer should document the Goods and their disposal as fully as reasonably practicable.
The evidence and investigation requirements in this section must be applied reasonably and proportionately to the nature, value and complexity of the claim.
They assist Bauwerk to determine the facts and do not create additional preconditions to a statutory remedy or shift to the Customer a burden of proof that applicable law places on Bauwerk.
Where Goods fail to comply with a consumer guarantee, we will provide the remedy required by the ACL.
Depending on the circumstances and applicable law, a remedy may include:
Where a failure is not major and is capable of remedy, Bauwerk may choose the appropriate remedy as permitted by the ACL.
If Bauwerk fails to remedy the failure within a reasonable time or refuses to do so, the Consumer may have further rights under the ACL.
Where the failure is major, the Consumer has the remedies provided by the ACL, including the right to reject the Goods and choose a refund or replacement, subject to the ACL.
Where the ACL does not apply, and subject to the remainder of these Terms, our obligation for a substantiated defect in Goods is limited, at our option, to:
A claim is substantiated where the available evidence, considered reasonably and as a whole, establishes that the relevant Goods were defective or otherwise failed to comply with the applicable contract.
Before incurring material Rectification Work, contractor, consultant, laboratory, transport, access, accommodation, storage or other third-party costs that the Customer intends to claim from Bauwerk, the Customer must take reasonable steps to:
unless urgent action is reasonably necessary to prevent injury, property damage or materially greater loss.
The Customer should obtain Bauwerk’s written approval before incurring a material cost on Bauwerk’s account. However, absence of prior approval does not exclude a statutory entitlement to compensation. It may be relevant to whether the cost was caused by the failure, reasonably foreseeable, reasonable in amount and properly mitigated.
The following do not by themselves constitute an admission that Goods were defective or that Bauwerk accepts legal liability:
A claim for labour, Rectification Work or other third-party costs should include, where reasonably available:
A lump-sum invoice without a reasonable breakdown may be insufficient to establish the amount or reasonableness of a claim.
Where compensation is claimed for damage to a surface or Project, the Customer must reasonably identify:
Where applicable law permits recovery of loss, the Customer must take reasonable steps to minimise that loss.
To the extent permitted by law, Bauwerk is not responsible for costs or losses that:
This section does not exclude compensation that must be provided under the ACL.
Bauwerk’s receipt of an invoice does not constitute:
Bauwerk may request an itemised account and supporting evidence before determining whether an amount is payable.
Bauwerk may offer a replacement, credit, reimbursement or other contribution as a commercial goodwill measure.
Unless expressly stated otherwise in writing, a goodwill measure:
A settlement condition will not limit any right that cannot lawfully be limited.
Nothing in this section limits liability that cannot lawfully be limited.
To the extent permitted by law, Bauwerk is not liable for loss that is indirect or consequential rather than the direct and natural result of Bauwerk’s breach, including, to the extent such loss is indirect or consequential:
Section 21.2 does not exclude compensation for reasonably foreseeable loss or damage that the ACL or another applicable law requires Bauwerk to provide.
Where:
our liability for failure to comply with an applicable consumer guarantee is limited, at our option, to:
For a transaction to which the ACL does not apply, our aggregate liability arising from that transaction is limited to the amount paid or payable for the affected Goods.
The limitations in sections 21.2 and 21.5 do not apply to:
Each party must take reasonable steps to minimise loss arising from a breach or Product Claim.
A Trade Customer acknowledges that it has, or will engage persons with, appropriate skill and experience to assess and apply the Goods.
A Trade Customer is responsible for:
A Trade Customer must communicate relevant product instructions, limitations and testing requirements to:
Where Goods are purchased for a third-party Project, the Trade Customer remains our contracting party unless we expressly agree otherwise.
A Project owner, builder, painter, architect or other third party does not obtain contractual rights against Bauwerk merely because the Goods are used on their Project, subject to any statutory rights applying independently.
All intellectual-property rights that subsist in or relate to our:
remain owned by or licensed to Bauwerk.
Purchase of Goods does not transfer intellectual-property rights.
Bauwerk materials may not be copied, republished, modified, commercially exploited or represented as the Customer’s own without our prior written permission, except as permitted by law.
Trade Customers may use current approved product information and assets supplied by us solely for authorised promotion or sale of Bauwerk products and subject to applicable brand or licence conditions.
If you submit photographs, testimonials, reviews or other content for publication or marketing, you confirm, to the best of your knowledge and where applicable, that:
We will not use Project content supplied solely for customer service or claim assessment for marketing merely because it has been submitted to us.
Marketing or publication use will be subject to:
We handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) where applicable, and other applicable privacy law.
We may collect, use and disclose information as reasonably necessary to:
Further information, including information about access, correction, complaints and overseas disclosures, is set out in our Privacy Policy.
This section applies primarily where Goods are supplied before full payment.
Subject to a Consumer’s non-excludable rights, title to Goods remains with Bauwerk until all amounts owing for those Goods have been paid in cleared funds.
Risk may pass before title passes as provided in section 13.7.
Until title passes, the Customer must, where reasonably practicable:
The Customer acknowledges that these Terms may create a security interest under the Personal Property Securities Act 2009 (Cth).
The Customer consents to Bauwerk registering and maintaining any security interest reasonably arising from these Terms on the Personal Property Securities Register.
The Customer must provide information reasonably required for registration and must not register a financing-change statement without our written consent unless legally entitled to do so.
To the extent permitted by law, the Customer must reimburse our reasonable costs of registering, maintaining or enforcing the security interest following the Customer’s default.
Nothing in this section authorises Bauwerk to enter premises, seize Goods or exercise enforcement rights except in accordance with applicable law.
We may suspend production, dispatch or further credit supply where:
Before suspension, we will give reasonable notice where practicable and allow a reasonable opportunity to remedy a remediable breach.
Suspension does not affect accrued rights.
Either party may terminate an ongoing supply arrangement for material breach that is not remedied within a reasonable time after written notice.
Termination of an ongoing supply arrangement does not affect an accepted individual order unless that order is also lawfully terminated.
A party is not liable for delay or failure to perform an obligation, other than an obligation to pay money already due, to the extent caused by an event beyond its reasonable control and only for so long as the event prevents or delays performance.
For delivery delays, this section operates together with sections 13 and 14.
The affected party must:
If the event substantially prevents performance for more than 60 days, either party may cancel the affected unperformed part of the contract by written notice.
We will refund payments for cancelled Goods that have not been supplied.
Where the ACL does not apply, we may deduct a lawful and reasonable amount attributable to Goods already produced specifically for a Trade Customer, but only where those Goods are made available to that Customer or cannot reasonably be used or sold elsewhere.
Complaints should be sent to:
Bauwerk Colour Australia Pty Ltd
Email: info@bauwerk.com.au
Postal address: PO Box 599, South Fremantle WA 6162, Australia
The complaint should identify:
We will review complaints in good faith and may propose:
Before commencing court proceedings, each party should give the other written notice of the dispute and allow at least 14 days for good-faith discussions, except where:
Nothing in this section prevents a Consumer from contacting:
A notice under these Terms may be given by:
A notice is taken to be received:
This section does not apply where legislation requires a different method or time of service.
These Terms and each contract for the supply of Goods are governed by the laws of Western Australia and the Commonwealth of Australia.
Subject to any right to bring a claim in another competent court or tribunal, the parties submit to the courts and tribunals of Western Australia and courts hearing appeals from them.
Nothing in this section prevents a Consumer from relying on a mandatory law or jurisdictional right applying in the Consumer’s state or territory.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to the extent that it may lawfully be excluded.
The Customer may not assign an accepted contract without our prior written consent.
We must not unreasonably withhold consent where the assignment does not materially prejudice Bauwerk.
We may use carriers, warehouses, payment providers and other subcontractors to perform parts of our obligations.
We remain responsible for our contractual obligations despite using a subcontractor, subject to these Terms and applicable law.
We may assign a contract as part of a genuine sale, restructuring or transfer of our business, provided that the assignment does not materially reduce the Customer’s rights.
We may update these Terms from time to time.
Updated Terms apply to orders placed after the effective date shown on the website.
A change does not retrospectively alter an existing accepted order unless:
A failure or delay in exercising a right does not waive that right.
A waiver is effective only for the particular circumstance for which it is given.
If a provision is invalid, unlawful or unenforceable, it is to be read down to the minimum extent necessary.
If it cannot be read down, it is severed without affecting the remaining provisions.
These Terms and the documents incorporated under section 2 contain the agreement between the parties concerning the relevant order.
This section does not exclude liability for:
Headings are for convenience and do not affect interpretation.
The singular includes the plural and vice versa.
A reference to legislation includes amendments, replacements and subordinate legislation.
The words including, includes and similar expressions are not words of limitation.
If a contractual obligation must be performed on a day that is not a Business Day, it must be performed on the next Business Day, unless the contract or applicable law requires otherwise.
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