In this document:
1.1 “Agreement” means any contract or agreement, whether formal or informal, written, oral or partly written and partly oral, formed between the Client and Brother Moon, including but not limited to by way of the Client’s acceptance of a Quote issued by Brother Moon, or an Order placed on the Website by the Client.
1.2 “Brother Moon” means Burn-Sharp Consultancy Pty Ltd (ACN 648 320 227) trading as Brother Moon and each related entity as defined in the Corporations Act 2001 (Cth) of Burn-Sharp Consultancy Pty Ltd (ACN 648 320 227) now or at any time Goods and/or Services are supplied to the Client in the future.
1.3 “Client” means the individual, business, partnership or company entering into an Agreement with Brother Moon and includes the Client’s successors and assigns.
1.4 “Goods” means any camping goods and equipment hired by the Client pursuant to an Agreement, including but not limited to tents, beds, furniture, and fireplaces.
1.5 “Hire Period” means the period for which the Goods are hired by the Client under an Agreement.
1.6 “Notice” means a notice in accordance with clause 20.
1.7 “Order” means an order placed by the Client on the Website for the Goods and/or Services.
1.8 “Party” means each party to an Agreement, including Brother Moon and the Client, and “Parties” has a corresponding meaning.
1.9 “Price” has the meaning stated in clause 5 and is subject to clause 15.
1.10 “Quote” means a quote issued to the Client by Brother Moon.
1.11 “Service” means the provision of services by Brother Moon to the Client including transport and delivery of the Goods to the Site, and the installation/set up of the Goods at the Site.
1.12 “Site” means the site nominated by the Client for the provision of the Works.
1.13 “Specified Prices” means the prices specified for the Goods and/or Services as stated on Brother Moon’s Website and as amended by Brother Moon from time to time.
1.14 “Terms and Conditions” means the terms and conditions set out herein subject to any amendments expressly made by Brother Moon pursuant to clause 2.4
1.15 “Website” means Brother Moon’s website at www.brothermoon.com.au.
1.16 “Works” means Brother Moon’s provision of Goods and/or Services pursuant to the Agreement.
1.17 Unless context requires otherwise:
1.17.1 the singular includes the plural and vice versa;
1.17.2 a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
1.17.3 a reference to any gender includes all genders;
1.17.4 a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms and Conditions;
1.17.5 a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, restated or replaced from time to time;
1.17.6 a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
1.17.7 a reference to a body, other than a Party to the Agreement (including, without limitation, an institute, association or authority), whether statutory or not:
(a) which ceases to exist; or
(b) whose powers or functions are transferred to another body,
is a reference to the body which replaces it or which substantially succeeds to its powers or functions;
1.17.8 If a party comprises two or more persons, the covenants and Agreements on their part bind and shall be observed and performed by them jointly and each of them severally and may be enforced against any one or any two or more of them;
1.17.9 A reference to a party includes its executors, administrators, successors and permitted assigns;
1.17.10 No provision of these Terms and Conditions will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms and Conditions or that provision;
1.17.11 Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
1.17.12 All references to A$, $, dollar, $, or to currency are references to Australian dollars;
1.17.13 "Including" and similar expressions are not and must not be treated as words of limitation; and
1.17.14 Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.
2 OPERATION AND APPLICATION
2.1 Brother Moon agrees to provide the Client with the Goods and/or Services subject to these Terms and Conditions. These Terms and Conditions apply in respect of all Agreements, offers to sell, Quotes, and other commercial transactions for the supply of the Goods and/or Services by Brother Moon to the Client.
2.2 The Agreement between the Client and Brother Moon shall be upon these Terms and Conditions and shall be read in conjunction with these Terms and Conditions.
2.3 These Terms and Conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of Brother Moon’s quotations or other communication or documentation and shall supersede all prior Agreements.
2.4 From time to time, Brother Moon may review and amend these Terms and Conditions of the Agreement and the Client shall be bound by any variation which shall apply to the supply of any of the Works following the effective date of the variation.
3 HIRE AND INSTALLATION OF GOODS
3.1 The Client agrees to hire the Goods from Brother Moon for the Hire Period on these Terms and Conditions. Brother Moon will transport, deliver, and install/set up the Goods at the Site.
3.2 Subject to these Terms and Conditions, the Client will hire the Goods for the Hire Period only.
3.3 The Client warrants that:
3.3.1 Brother Moon is entitled to carry out the Works at the Site; and
3.3.2 the Goods will not be used for any illegal purpose.
3.4 The Client agrees that during the Hire Period the Client will:
3.4.1 at all times exercise absolute care and diligence in any use of the Goods in accordance with all instructions as issued by Brother Moon or in accordance with the manufacturer’s specifications;
3.4.2 not modify, permit the modification of, conceal, alter, make any addition or alteration to, tamper with, interfere with, repair or attempt to repair any Goods;
3.4.3 be responsible for all damage or loss to the Goods caused by accident, theft, pets, malicious damage, or any unlawful act that occurs throughout the Hire Period;
3.4.4 in the case of bad weather, provide suitable protection of any Goods for the duration of the Hire Period;
3.4.5 not permit any person to improperly or unsafely use the Goods throughout the Hire Period.
3.5 Brother Moon will not refund the Price or any part of the Price if the Client elects to return the Goods or the Client requests that Brother Moon collect the Goods prior to the end of the Hire Period, regardless of reason.
3.6 At the end of the Hire Period, the Client must make available for Brother Moon’s collection the Goods in the same condition as at the commencement of the Hire Period.
3.7 The Client must ensure that Brother Moon and its employees, contractors, or agents has clear and uninhibited access to the Site for the delivery and installation/set up of the Goods.
3.8 The Client agrees that installation times and dismantle times and descriptions or specifications of the Goods and/or Services are estimates only. Brother Moon will not be held responsible for any loss or damage of any kind if any Works are not completed by the agreed date or dates or for any deviation in descriptions or specifications of the Goods and/or Services.
3.9 If the Goods are not available for collection by Brother Moon at the end of the Hire Period then the Client will be liable to pay Brother Moon, at Brother Moon’s prescribed hire rates, for the duration of the period until the Goods are available for collection by Brother Moon.
3.10 In the event that the Goods are lost, stolen, damaged, or vandalised during the Hire Period, the Client will be liable to Brother Moon and will indemnify Brother Moon for the full retail costs of replacing any lost or stolen Goods, the repair of any damaged or vandalised Goods, and the replacement of any Goods that in the sole discretion of Brother Moon are damaged or vandalised beyond repair.
3.11 In the event that the Goods are not available for collection by Brother Moon within 7 days of the expiry of the Hire Period then the Goods will be deemed to have been lost, stolen, damaged, or vandalised, and the Client will be liable to Brother Moon to pay the full amount of replacing these Goods at retail value within 14 days of the expiry of the Hire Period.
3.12 The Client agrees that it will not:
3.12.1 disassemble and reassemble the Goods; or
3.12.2 relocate the Goods from the location at the Site where Brother Moon has installed or set-up the Goods.
3.13 The Client agrees that it will be liable for any loss or damage where the loss or damage is caused by a breach of clause 3.12, and the Client will indemnify Brother Moon for any and all costs (including all legal fees and costs) on an indemnity basis that Brother Moon may incur in relation to the Client’s breach of clause 3.12.
4 ORDERS AND FORMATION OF AGREEMENT
4.1 Unless stated otherwise on the Quote, Brother Moon’s written Quotes are valid for 30 days from the date of issue of the Quote, and thereafter are subject to confirmation in writing by Brother Moon before acceptance.
4.2 When making an Order the Client must follow the instructions on the Website.
4.3 Upon making an Order the Client will receive an order confirmation to the Client’s email address nominated in the Order (“the Confirmation”). The Confirmation constitutes Brother Moon’s acceptance of the Order. The Agreement for the purchase of the Goods and/or Services will only be formed, and the Order will have been accepted by Brother Moon, once the Client has received the Confirmation from Brother Moon to the Client’s email address nominated in the Order.
4.4 Brother Moon is not obligated to supply the Goods and/or Services to the Client until Brother Moon has accepted the Order pursuant to clause 4.3 above.
4.5 Brother Moon may, in its sole discretion, refuse to accept an Order for any reason including but not limited to:
4.5.1 unavailability of the Goods;
4.5.2 if the Goods have been included in a sale or promotion by way of error;
4.5.3 if the Site nominated by the Client is not suitable for the Works; or
4.5.4 if the Specified Price on the Website is incorrect.
4.6 If Brother Moon refuses to accept the Client’s order pursuant to clause 4.5 above Brother Moon will refund any payment made by the Client.
5.1 The Client shall pay to Brother Moon the price specified for the Goods and/or Services as stated in the Specified Prices as at the date of the Order, or as stated on the Quote, and all taxes, credit card fees, delivery fees, handling fees, and other charges in respect of the Goods and/or Services (“Price”).
6.1 The Client agrees to pay the Price for the Goods and/or Services in accordance with these Terms and Conditions.
6.2 The Client must pay for the Goods and/or Services:
6.2.1 if the Client places an Order on the Website, in full at the time of making the Order by one of the payment methods accepted by Brother Moon on the Website; or
6.2.2 if the Client accepts a Quote issued by Brother Moon, in full before the provision of the Works in accordance with the payment terms specified on Brother Moon’s Quote and/or invoice.
6.3 The Client warrants that its nominated payment method has sufficient clear funds available to pay the Price.
6.4 Time of payment is of the essence of the Agreement.
6.5 Where the Client has provided details of a debit or credit card for payment to Brother Moon in the Agreement, the Client agrees and authorises Brother Moon to charge or make deductions from the debit or credit card to satisfy the Price or any part of the Price at any time without notice to the Client.
6.6 Brother Moon may charge an additional 1.2% to the Client where the Client has provided details of a debit or credit card for payment to Brother Moon.
6.7 Brother Moon shall be entitled to charge the Client interest calculated at 12% per annum, on the balance of all overdue accounts and invoices from the date of due payment until the date of actual payment.
7 COSTS RECOVERABLE
7.1 Should the Client default in the payment of any monies due under any Agreement, then all monies due to Brother Moon shall immediately become due and payable and shall be paid by the Client within 7 days of the date of demand.
7.2 The Client shall pay on an indemnity basis all expenses, costs and disbursements, including debt collection agency fees, commission and any fees paid to Brother Moon’s solicitors (on an indemnity basis) incurred by Brother Moon or its appointed agents in recovering payment of any outstanding monies, enforcing its rights under the Agreement, or in investigating or defending any action or threatened actions.
7.3 Where the Client is a company, the Client’s Directors personally guarantee the payment of all costs and expenses owing to Brother Moon by the Client.
7.4 The Client hereby charges and mortgages in favour of Brother Moon to secure the repayment of any debt and any monies which may become owed by the Client to Brother Moon hereunder and under any Agreement all of the Client’s present and future estate and interest in all real property and personal property.
8 COMPLETION, DELAYS AND EXTENSIONS OF TIME
8.1 Any time or date named and accepted by Brother Moon, including on the Website or the Quote, for completion, delivery, dispatch, or arrival of the Goods and/or Services is an estimate only and does not constitute a condition of the Agreement or part of the description of the Goods and/or Services and is not of the essence of the Agreement.
8.2 Should the Works or the progress of the Works be delayed by any of the following causes or conditions resulting therefrom:
8.2.1 Brother Moon not having uninhibited access to carry out the Works pursuant to clause 3.7;
8.2.2 The Site not being suitable for the Works;
8.2.3 On account of variations;
8.2.4 By inclement weather or conditions resulting from inclement weather;
8.2.5 By reason of any civil commotion, or combination of workmen or strikes or lockouts affecting the Works;
8.2.6 Any act, default or omission on the part of the Client;
8.2.7 Delay on the part of any third party (including a third party engaged by Brother Moon);
8.2.8 By any other matter, cause or thing whatsoever beyond the control of Brother Moon including but not limited to unavailability of labour or materials, technical or mechanical issues, or pandemic,
then in any such case, Brother Moon shall be entitled to a fair and reasonable extension of time in which to complete the Works without notice to the Client.
8.3 When the Client becomes aware of any matters that are likely to result in a delay to the Works, the Client is to notify Brother Moon in writing of the nature and estimated extent of the delay.
8.4 Upon receipt of the Client’s notice in clause 8.3 above, Brother Moon will notify the Client of the estimated impact of the delay on:
8.4.1 The time for completion of the Works; and
8.4.2 The estimated extra costs associated with the delay.
8.5 The Client shall pay for Brother Moon’s extra costs and fees necessarily incurred by reason of any delay or extension.
9 FORCE MAJEURE
9.1 Brother Moon will not be liable for any breach of the Agreement due to any matter or thing beyond Brother Moon’s control. Furthermore, Brother Moon is excused from performing any term, covenant or condition required by the Agreement during the time and to the extent that performance is prevented when such performance is prevented wholly or in part by circumstances beyond Brother Moon’s control.
10.1 If the Client believes that the Goods and/or Services are not in accordance with the Agreement the Client must give notice of the defect to Brother Moon within 24 hours of delivery of the Goods and/or Services.
10.2 Brother Moon shall not be responsible or liable for any alleged defect in the Goods and/or Services unless it is reported in accordance with clause 10.1.
10.3 The Client must allow a representative of Brother Moon (including a third party engaged by Brother Moon) the right to inspect any alleged defect of the Goods and/or Services.
11 NO WARRANTY
11.1 Brother Moon makes no express warranties to the Client, except those expressly set out in the Agreement and these Terms and Conditions.
11.2 Brother Moon will not be liable in any circumstances for any loss or damage whatsoever allegedly incurred and arising out of any:
11.2.1 Conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
11.2.2 Alleged liability to the Client in contract for consequential or indirect damages arising out of or in connection with the provision of the Goods and/or Services or the Agreement, even if Brother Moon knew they were possible or they were otherwise unforeseeable; and
11.2.3 Claims by the Client in negligence for acts or omissions of Brother Moon or its employees, agents, or contractors arising out of or in connection with the Agreement.
11.3 Whilst Brother Moon will use its best endeavours to ensure delivery and installation of the Goods by the date requested by the Client, it does not guarantee delivery on that date and will not be liable for any damages, loss, costs or charges incurred by the Client due to late delivery ensuing from any circumstances whatsoever, either within or beyond the control of Brother Moon.
11.4 The Parties acknowledge and agree that:
11.4.1 any prior representations, agreements and arrangements, including representations as to the suitability of the Goods and/or Services;
11.4.2 any descriptions, illustrations and material contained in any advertisement, website, catalogue, price list or brochure; and
11.4.3 all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods and/or Services for any purpose or as to design, assembly, installation, material or workmanship or otherwise, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
are expressly excluded from, and do not form part of, the Agreement unless specifically stated in the Agreement to the contrary.
11.5 If clauses 11.2, 11.4 and/or 14.1 herein are held by a court to be unlawful, invalid or unenforceable for any reason, including pursuant to the Competition and Consumer Act 2010 (Cth), the Client agrees that Brother Moon’s total liability to the Client for any loss or damage suffered by the Client in relation to the Agreement shall not exceed the amount of the Price.
12 THE CLIENT’S WARRANTIES
12.1 The Client warrants that it has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by Brother Moon or anyone on its behalf in respect of the Goods and/or Services, other than those that are expressly contained in the Agreement.
12.2 The Client warrants that the Site is suitable for the Works.
12.3 The Client warrants that, if the Goods supplied by Brother Moon includes a fireplace:
12.3.1 the Client will at all times exercise absolute care and diligence in using the fireplace, including using it in accordance with any instructions issued by Brother Moon or in accordance with the manufacturer’s specifications;
12.3.2 the Client will not leave the fireplace unattended;
12.3.3 the Client will be liable for any damage, death or injury caused by the Client’s use of the fireplace, and the Client will indemnify Brother Moon from any and all costs (including all legal fees and costs) on an indemnity basis that Brother Moon may incur in relation to damage, death or injury caused by the Client’s use of the fireplace; and
12.3.4 Brother Moon will not be liable to the Client or any third party for any damage, death, or injury caused by the Client’s use of the fireplace.
13 NO LIABILITY FOR THIRD PARTIES
13.1 The Client acknowledges and agrees that Brother Moon is not liable for:
13.1.1 any damage or defects attributable to the provision of services by a third party, including a third party engaged by Brother Moon; or
13.1.2 any defects attributable to the manufacture of any goods that are manufactured by third parties.
14 LIABILITY AND INDEMNITY
14.1 Brother Moon shall not be liable to the Client or any other party in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits, and the Client agrees that Brother Moon may plead these Terms and Conditions as a bar to any such claims whether they arise at law, in equity, under any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.
14.2 The Client hereby releases and indemnifies and agrees to keep Brother Moon indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions (on an indemnity basis), damages, liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit), whether resulting from breach of contract, tort, warranty, strict liability, statute or any other legal theory or otherwise that Brother Moon may incur in relation to the Client or any third party, including where the cost, damage, liability, penalty, fine, expense or loss is caused by or contributed to by Brother Moon in any way or for any reason whatsoever.
15.1 Any variation to the Works or the Agreement must be agreed to in writing between a representative of Brother Moon and of the Client, confirming the:
15.1.1 precise scope of the variation; and
15.1.2 the amount or means of calculating the amount that the Client is to pay Brother Moon for the variation; and
15.1.3 any change to the Price as a result of the variation.
15.2 The Client agrees that Brother Moon may revise and amend the Price of the Works if there are any such variations.
16.1 Any request by the Client to cancel an order must be made to Brother Moon in writing (“Cancellation Request”). Brother Moon may, in its sole discretion, accept or reject the Cancellation Request and specify any terms and reasonable charges upon which such the Cancellation Request may be agreed to.
16.2 If Brother Moon agree to the Cancellation Request pursuant to clause 16.1:
16.2.1 the Client shall pay Brother Moon for all Goods and/or Services provided by Brother Moon, all work done by Brother Moon, and all goods or materials used or procured by Brother Moon and properly chargeable to the date of cancellation; and
16.2.2 Brother Moon may retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to Brother Moon pursuant to this clause 16.
17 BREACH AND TERMINATION
17.1 If the Client defaults in the due and punctual observe of all or any of its obligations, warranties or covenants under the Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any action for its winding up, is placed under official management, administration or receivership, then Brother Moon may without prejudice to any other right or remedies it has:
17.1.1 treat as discharged all or any obligation arising from any Agreement;
17.1.2 retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to Brother Moon; and
17.1.3 take such steps as Brother Moon may deem necessary in its sole discretion to mitigate its damages suffered including the putting to use, sale, hire, or disposal of any Goods under the Agreement.
17.2 In addition to any other rights under the Agreement, Brother Moon may terminate the Agreement by notice in writing to the Client immediately upon any one of the following events:
17.2.1 If the Site is not suitable for the Works;
17.2.2 Any deliberate and substantial prevention of or interference with the provision of the Goods and/or Services or progress thereof caused by the Client whether directly or indirectly;
17.2.3 Substantial damage to or interference with the Works or access thereto by any cause beyond the control of Brother Moon including (but without limiting in any way the generality thereof) water, flood, fire, storm tempest, rioting, earthquake, pandemic, civil commotion or industrial action;
17.2.4 Any substantial breach of the Agreement or these Terms and Conditions by the Client;
17.2.5 If the Client shall make any assignment for the benefit of or enter into any arrangement or composition with its creditors or go into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or have a receiver appointed or commit an act of bankruptcy or if a sequestration order is made against the Client’s estate;
17.2.6 Any failure by the Client to pay any part of the Price in accordance with clause 6 herein.
17.3 If the Agreement is terminated:
17.3.1 the Client shall pay Brother Moon for all Goods and/or Services provided by Brother Moon, all work done by Brother Moon, and all goods or materials used or procured by Brother Moon and properly chargeable to the date of termination; and
17.3.2 Brother Moon may retain any security given or monies paid by the Client and apply this in reduction of any sum of money owed or owing by the Client to Brother Moon pursuant to this clause 17.
18 RETENTION OF TITLE
18.1 The Client acknowledges and agrees that the Goods will at all times remain the property of Brother Moon and the Client has rights to use the Goods as a bailee only.
18.2 The Client is not entitled to and agrees not to agree, offer or purport to sell, assign, sub-let, lend, assign, pledge, mortgage, hire, or otherwise part with or attempt to part with personal possession of or deal with the Goods.
19.1 If the Client fails to pay the whole or any part of the Price when due in accordance with the Agreement, defaults in the due and punctual observance of all or any of its obligations or covenants under an Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any action for its winding up, is placed under official management, administration or receivership, then Brother Moon may without notice enter the Site and retake possession of the Goods hired by the Client and the Client hereby authorises and allows Brother Moon and/or its representatives, servants, agents or employees to enter the premises upon which the Goods are situated for the purpose of retaking possession of Goods.
19.2 The Client indemnifies Brother Moon against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which Brother Moon suffers, incurs, or is liable for in respect of Brother Moon’s exercise of its rights under clause 19.1.
20.1 A party must give any notice required under these Terms and Conditions or the Agreement in accordance with this clause 20.
20.2 A notice must be served at the address or electronic mail address of the party set out in the Agreement.
20.3 A party may deliver a notice by hand, post, or by electronic mail.
20.4 If before 4.00pm local time in the place of delivery, a party delivers a notice by hand or by electronic mail and the sending party completes the transmission the notice will be taken to be given on the day of delivery or transmission, and in any other case on the next day. If the party gives notice by post the notice will be taken as given on the 7th day in the place of delivery after the notice is posted.
20.5 A party may give notice of another address (within Australia) or an electronic mail address for service to the other party, and the new address or the electronic mail address shall be the address for service of the party for the purposes of this clause.
21.1 Brother Moon may assign, sub-contract or sub-let the whole or any part of the Works or Brother Moon’s obligations under an Agreement, without seeking the consent of the Client.
21.2 The Client may not assign, sub-contract or sub-let any part of the Works, or any of its rights, liabilities, or obligations under any Agreement, without the prior written consent of Brother Moon.
21.3 The covenants, agreements and obligations contained in any Agreement and these Terms and Conditions will not merge or terminate upon the repudiation or termination of the Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
21.4 Any waiver by Brother Moon must be in writing signed by Brother Moon. Failure by Brother Moon to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.
21.5 If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions in these Terms and Conditions are not affected.
21.6 These Terms and Conditions and the Agreement are governed and are to be construed in accordance with the laws in force in the State of Western Australia.
21.7 These Terms and Conditions and the Agreement are subject to the exclusive jurisdiction of the Courts of Western Australia.
22 RECEIPT AND ADVICE
22.1 The Client hereby acknowledges receipt of these Terms and Conditions and agrees to be bound by them. The Client accepts these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable. The Client further acknowledges that it has had the opportunity of obtaining independent legal advice and that the Client understands the Terms and Conditions outlined above.