These terms and conditions will apply to all Contracts entered into between You and Us under which you have requested Us to arrange for the provision of Services to You.
You acknowledge and accept that you have read, understood, and agreed to these terms and conditions prior to booking any Services with Us.
In these terms and conditions:
“Us”, “Our” or “We” means Chad Removals (ABN 26 3108 455 63).
“You” means the person entering into a Contract as the customer and who is identified on the Booking Confirmation and each other person that that person is authorized to represent You, and Your has a corresponding meaning.
“Booking Confirmation” is an SMS or Email issued to you prior to the start of the Services which provides relevant details and conditions relating to the Services that will be performed.
“Contract” means a contract for the performance of Services the terms of which are exclusively comprised of these terms and conditions and the relevant Booking Confirmation.
“Goods” mean all goods which are the subject of Services, including any container, packaging or pallets used in connection with the provision of the Services.
“Dangerous Goods” means Goods which in the opinion of Chad Removals are or may become dangerous, corrosive, explosive, flammable, infectious or capable of attracting pests.
“Services” means the services undertaken by Chad Removals as stated on the Booking Confirmation and may include one or multiple Removal Services, Packing and Unpacking Services, or other services as offered by Us from time to time.
“Removal Services” means services provided by Us which involve the transportation of the Goods from one location or property to another.
“Packing and Unpacking Services” means services provided by us which involve the packing or unpacking of the Goods as the case may be.
“Subcontractor” means any person other than one of Our employees who, under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services.
“Website” means the Chad Removals website located at www.chadremovals.com.
(a) The singular includes the plural, and vice versa;
(b) If a word or phrase is defined its other grammatical forms have corresponding meanings;
(c) The word person includes an individual, a body corporate, a firm, an unincorporated body, a society, an association and an authority (including a government authority, department or agency);
(d) A reference to a particular person includes their legal personal representatives, administrators, successors, substitutes and permitted assigns;
(e) The word costs include charges, expenses and legal costs (on a full indemnity basis);
(f) An agreement, representation or warranty by 2 or more persons binds both or all of them jointly and each of them individually;
(g) A reference to a document or an agreement is to that document or agreement as amended or replaced;
(h) A reference to law means statute law, common law and equitable principles;
(i) The meaning of any general language is not restricted by any accompanying example and the words includes, including any such as (or similar phrases) are not words of limitation;
(j) Headings do not affect interpretation.
2.1 You acknowledge and agree that:
(a) By confirming a booking with Chad Removals, either orally or in writing, and receiving a Booking Confirmation prior to the commencement of the Services, You:
(1) Enter a Contract with Chad Removals in Your own capacity and as agent for each person You represent (and that each such person is bound by these terms and conditions).
2.2 You agree to these terms and conditions before, during and after the provision of the Services the subject of the Contract.
3.1 We rely on all information which You or any other person representing You provide(s) to Us for the purposes of quoting for, and in connection with the performance of, the Services. Accordingly, You warrant the accuracy and completeness of all such information.
3.2 Prior to Us quoting and performing Services, You must:
(a) Provide Us with a reasonable estimate of the volume of Goods to be transported or other Services to be performed so that We can determine how to appropriately resource the Services;
(b) Notify Us (in writing if We so require) of any Goods which:
(1) Are Dangerous Goods;
(2) Are inherently fragile, brittle or susceptible to damage;
(3) Have a value in excess of $1,000; or
(4) Are otherwise of a nature, importance or value (whether financially or otherwise), that require the exercise of special care or skill which would not be apparent from ordinary visual inspection by Us.
4.1 At Our sole discretion, We reserve the right to refuse to perform Services:
(a) For any particular person; or(b) In respect of Goods of any particular class; or (c) At a location We determine to be hazardous or pose a safety risk or otherwise unsuitable for the provision of the Services.
4.2 We shall be entitled to carry, or arrange for the carriage of, the Goods by any reasonable route (having regard to all the circumstances including the nature and destination of any other Goods being carried on or in the conveying vehicle or container) and by any reasonable means or method, including, where We consider it necessary or desirable, by sea, rail or air, and for that purpose, as Your agent, to arrange for a third party provider to effect such carriage by sea, rail or air.
4.3 You agree and acknowledge that all times which We provide for performing the Services are estimates only. While We will use reasonable endeavours to adhere to such times, We are not liable to You for any failure to perform the Services in accordance with estimated times (nor is any Contract repudiated by any such failure or delay).
4.4 You must ensure that all Goods are provided to Us in a condition which is suitable for Us to perform the Services (including, if applicable, by ensuring any Goods are packed in a proper way to withstand the ordinary risks of transport, except to the extent that You contract Us to package Goods for You).
4.5 If any information You supply to Us at the time of booking the Services is incorrect, inaccurate or incomplete, We may, at Our sole discretion, perform Services strictly as per Our quotation or vary Our charges to address any additional or modified Services We are requested to or otherwise required to perform.
4.6 Unless otherwise agreed by Us to You in writing, the following items will not be accepted for Removal Services:
a) Dangerous Goods; b) Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition; c) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind; d) Goods likely to encourage vermin or other pests or to cause infestation or contamination; e) Perishable items and/or those requiring a controlled environment; f) Any animals, birds, fish, reptiles or plants; and g) Goods which require special license or government permission for moving.
4.7 We shall notify You as soon as practicable if any of Your Goods are, according to our sole discretion, incompliant with clause 4.6 and, therefore, unacceptable. We are not liable for not accepting such Goods within our Removal Services.
4.8 If We discover any article or substance which can be considered a Dangerous Good after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any liability to You. Any such reasonable action undertaken by Us in this regard will be done at Your expense and will be payable as part of the fee for the provision of the Services.
5.1 You warrant Us that:
(a) All Goods that will be handled by Us as part of the Services:
(1) Are owned by You or a person You represent; (2) Comply with all applicable laws relating to their nature, condition and packaging; and (3) Do not comprise Dangerous Goods, unless You have otherwise disclosed this to Us in accordance with clause 3.2(b)(1); and
(b)We are authorized to enter all premises at which Services are to be performed. If You do not own those premises You warrant that You have obtained all necessary consents to permit this.
5.2 If, after the commencement of Services, We discover that the Goods include Dangerous Goods which You have not disclosed to Us in accordance with clause 3.2(b)(1), You:
(a) Authorize Us to take any action We deem appropriate, at Your expense and without incurring any liability to You, to dispose of, destroy or otherwise deal with those Dangerous Goods; and
(b) Indemnify Us for any other liabilities arising out of, and all costs incurred in connection with, the handling of the Dangerous Goods.
6.1 WE ARE NOT COMMON CARRIERS AND ACCEPT NO LIABILITY TO YOU AS SUCH.
(a) Must ensure that You, or a person who is authorized to represent You, is present when Removal Services are performed at both pick-up and delivery locations (including when Goods are delivered into or loaded from store); and
(b) Are responsible for ensuring that:
(1) All Goods are loaded and delivered at such locations and that no Goods are overlooked either at the pick-up location, delivery location or in our truck; and (2) In the course of performing Removal Services, no other person’s goods are transported in error; and
(c) You must:
(3) Pay Our additional charges for any Removal Services We perform in relation to Goods which were overlooked or another person’s goods which were transported in error; and (4) Indemnify Us for all liabilities to third parties arising out of, and all costs incurred in connection with, any other person’s goods transported in error.
6.3 If We cannot deliver Goods because:
a) You or a person who represents You is not present at a delivery location; b) We are unable to gain access to the premises at the delivery location; or c) For any other reason beyond Our reasonable control, We are entitled, at Our sole discretion, to: d) Return the Goods to their pick-up location; e) Store the Goods at a place of Our choosing within a reasonable proximity to the delivery location, and charge an additional amount for storage and the subsequent re-delivery of the Goods; or f) Deliver the Goods to Your address at an alternative time, and charge an additional amount for performing such Services (including, in respect of any subsequent re-delivery Services).
6.4 Any action taken by Us under clause 6.3 will, unless agreed otherwise, be taken to be a full discharge of Our obligations with respect to Removal Services under the Contract, and You will be liable for incurred charges or expenses and to make full payment for the provision of the Services.
6.5 We may refuse to remove large or cumbersome Goods, or Goods which weigh in excess of 100kgs (such as pianos, safes and billiard tables) if You have not notified Us of those items at the time of booking. All such items will carry a separate additional charge and any damage which occurs will be at Your sole risk.
6.6 If requested, We may but are not obliged to:
(a) Dismantle and reassemble Goods; (b) Transport Goods out of windows, over balconies, off terraces or using fire or external staircases (including by use of any hired equipment (such as cranes) which We deem necessary or appropriate); or (c) Either Ourselves or using sub-contractors remove and subsequently reinstate any obstructions (such as doors or windows or associated frames), if We consider it to be safe to do so. In such circumstances, an additional charge will apply and any damage which occurs will be at Your sole risk.
6.7 Unless we otherwise agreed with You in writing, We will not:
(a) Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment. (b) Take up or lay fitted floor coverings. (c) Move items from a loft, unless properly lit and floored and safe access is provided. (d) Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
6.8 Our employees carry standard tools only if requested at the time of booking. If any special tools are required, it is Your responsibility to arrange the availability of such tools. Our employees are not qualified tradespersons and We take no responsibility for any work which they may undertake in the course of providing the Services. We recommend that a properly qualified tradesperson is engaged by you to carry out substantive works related to the removal of the Goods.
7.1 It is Your responsibility to:
a) Arrange adequate insurance cover for Your goods against all insurable risks since our liability is limited under clauses 15 and 16. b) Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the Services to be completed. c) Be present or represented throughout the collection and delivery of the removal stage of the Services, and any such stage of the Services that we reasonably inform You that Your attendance, or that of your representative, is necessary. d) Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or are likely to be present. e) Prepare adequately and stabilize all appliances or electronic equipment prior to their removal having regard to the fact that such Goods are inherently susceptible to suffer damage or disorder upon removal. f) Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for their contents. g) Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them. h) Provide us with Your correct and up to date contact address and telephone number prior to or during the provision of the Services. i) Ensure that items will fit in the new premises (e.g.: size of sofa and size of aperture). Our employees are not obliged to remove doors or windows in such cases and may be forced to leave the Goods outside the premises. It is Your responsibility to organise a specialist if needed. j) Ensure that all doors, garages, access-ways or other entry points are closed and secured when leaving any pickup locations or delivery locations.
7.2 It is Your responsibility to ensure Your items are of a standard cleanliness. We have the right to refuse to move items considered by Us as dirty. All Your items should be put into boxes and the boxes must be suitable for moving. We will not move boxes that We consider not strong enough to carry the items that have been placed in them.
7.3 It is Your responsibility to inform us at time of booking about awkward accesses. Awkward access can include: no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions.
7.4 We reserve the right to add extra costs due to unforeseen circumstances (e.g. waiting for keys or gaining entry, incorrect addresses, etc.).
7.5 It is Your responsibility to provide legal parking within twenty (20) meters proximity of the pick-up/delivery addresses. You must provide a valid permit from the local council to us prior to the provision of the Services if this is not possible. Where you fail to provide parking as required under this clause, We are entitled to take any action permitted under clauses 6.3 and 6.4.
7.6 If no parking is pre–arranged, any resulting parking fines will be Your responsibility and must be paid by You upon completion of the Services or within five (5) days of any such parking fine being incurred by Us.
7.7 You agree and acknowledge that Our driver or employees are permitted to leave the pick-up/delivery addresses where legal parking is not provided. We are permitted to charge additional costs for the provision of the Services at a later time where this occurs.
7.8 You must ensure that:
a) If applicable, loading docks and lifts are made available to Us at pick-up and delivery locations for the duration of the period Removal Services are performed (if possible, on an exclusive basis); and b) You have notified the relevant Strata Managing Agents or Body Corporate Managers for properties where the Services will occur prior to the commencement of Removal Services; and c) All necessary precautionary measures have been implemented by the Strata Managing Agents or Body Corporate Managers prior to Our commencement of Services, such as the internal padding of lifts or common areas.
7.9 We will not be liable for any loss or damage, costs or additional charges that may arise from Your failure to discharge any responsibilities as listed in this clause 7.
8.1 We may use a Subcontractor or Subcontractors to undertake the whole or any part of the Services, but if We do so, We will continue to be responsible to You for the performance of the Services.
8.2 Any provisions in these conditions which limit Our liability also apply to Our Subcontractors and to Our employees and to the employees of Our Subcontractors. For the purposes of this subclause, We are, or are deemed to be, acting as agent or trustee on behalf of each of the persons referred to, and each of them shall to that extent be deemed to be parties to this agreement.
9.1 Our standard Removal Services do not include Packing or (other than placing items on the floor or some other flat surface) Unpacking Services. If You require Packing or Unpacking Services You must notify Us at the time of booking. Separate additional charges will apply to all other Services.
10.1 Our standard rates for the Services We provide are set out in the Booking Confirmation.
10.2 You must make payment of a deposit in the amount of $100, or in an amount otherwise specified by Us, following receipt of a Booking Confirmation. The provision of the Services by Us is not confirmed until such time as payment of the deposit requested by Us is received.
10.3 All Services We perform will be charged in half hourly increments, rounded up to the nearest half hour, at Our standard rates, unless:
(a) We quote a fixed amount for a Service (and the information You have provided to Us as the basis for Our fixed quote is correct, accurate and complete); or (b) We agree different rates with You in writing.
10.4 For Removal Services:
(a) Unless we otherwise agree with You in the Booking Confirmation, a transportation charge may be charged; (b) The fuel levy specified in the Booking Confirmation applies to all jobs that exceed 25km radius from our depot unless otherwise specified. These jobs will incur a $1/km fuel levy charged from our depot.
10.5 Unless We agree otherwise with You in writing, all of Our charges must be paid prior to completion of the Services.
10.6 You must pay, or reimburse Us for, all third party costs that are incurred in connection with the performance of any Services and which these terms and conditions require You to pay or permit Us to charge You for.
10.7 You must pay all tolls (including those incurred during going to, or returning from a job location), parking costs and parking fines which We incur in connection with the performance of the Services.
10.8 Payments must be made in cash or by Master card, Visa credit card. Visa/MasterCard payments attract a 1.9% processing fee.
10.9 If the Services that You require Us to do vary from the Services for which a quotation or estimate has been given, or if We are prevented from or delayed in undertaking the Services or any part thereof (except where that prevention or delay results from a factor within Our control), we will be entitled to make a reasonable additional charge. We will also be entitled to reimbursement from You of any amount which We have been required to pay to a third party (other than a Subcontractor) to obtain or effect delivery of the Goods or the provision of the Services.
10.10 If a date for the performance by Us of the Services is agreed upon in the quotation and acceptance or subsequently, and You require that date to be altered or the Goods are not available on that date, We will be entitled to make a reasonable additional charge for any loss or additional expense occasioned by such alteration or unavailability.
10.11 If You and We agree in writing that Our charges will be paid by a third party, and if that party does not pay the charges on the date set for payment or, if no date is set for payment, within five (5) days of the completion of the Services, You agree to pay the charges.
10.12 If an amount is outstanding from You to Us for more than seven (7) days, We may charge interest on that amount from the due date for payment until the amount is paid in full. Interest is calculated at the Commonwealth Bank maximum personal overdraft interest rate for amounts not exceeding $100,000 from time to time plus 3%, accrued on a daily basis.
10.13 You must make payments to Us without set-off, counter claims, conditions, restrictions, withholdings or deductions unless required by law.
10.14 Irrespective of any damage or loss that may have been caused by Us, You must make complete payment upon completion of the Services. For any claim for damage or loss you will need to contact Us so that this claim can be assessed.
11.1 All charges We quote You, or which We are otherwise entitled to charge You, are GST exclusive unless otherwise stated. You will be required to pay an additional amount in respect of the GST payable, which will not exceed 10% of the amount otherwise payable.
12.1 All Goods received by Us are subject to a general lien for any amounts due to Us by You or any person You represent relating to any Services provided under these terms and conditions or any other agreement with us.
12.2 If any amounts due to Us have been outstanding for a period exceeding twenty-six (26) weeks, We may give twenty-eight (28) days written notice to You of Our intention to sell Goods which are subject to Our general lien. If the outstanding amount is not paid within that further period, We may SELL ANY OR ALL OF THE GOODS by public auction or, if that is not reasonably practicable, by private sale and apply the net proceeds in satisfaction of the amounts due.
12.3 The exercise by Us of Our rights under this clause 11 will not prejudice or affect any other rights that We have at law to recover the amounts due.
13.1 We recommend that You insure Your Goods while they are in Our possession or subject to Our control and you acknowledge and accept sole responsibility to ensure that your Goods are adequately insured for loading, unloading and transportation by organising relevant insurance cover. Although we will take all the necessary care to ensure that your Goods arrive safely, there may be circumstances where we are not responsible or liable for any loss or damage to your Goods that occur during a move in accordance with these terms and conditions. We can assist You to arrange insurance through an insurer with whom We have an existing commission-based relationship. Alternatively, You can arrange insurance through an insurer of Your choosing.
13.2 We will only assist You to arrange insurance if You request Us to do so in writing. Details of the types of cover and the applicable rates are available on request.
13.3 We agree to provide standard public liability and marine insurance. To see full details about our standard insurances, please see clauses 13.4 and 13.5.
13.4 We provide standard public liability insurance and standard marine insurance without any extra cost to the customer. Standard marine insurance covers Your Goods in the event of defined events occurring, including fire, collision of our truck, and the overturning of Our truck. Standard insurance does not cover against accidental damage to Goods.
13.5 Coverage of public liability insurance is up to $20 000 000 and coverage for marine insurance is up to $100,000 per truck load. Excess for the public liability insurance is $500 and the excess for the marine insurance is $1,000 (payable by customer). Certificate of Currency is available upon request.
13.6 To increase the coverage for the above-mentioned insurances and to avoid payment of the insurance excess fee, You must make payment of a higher hourly rate for the Removal Services and agree to increased coverage in writing prior to the provision of the Services.
13.7 If We make payment of any amount to You in respect of any loss of or damage to Goods or Our delay in the performance of or failure to perform any Services (regardless of whether or not We are obliged to under these terms and conditions), You irrevocably:
a) Assign to Us all rights which You have under any policy of insurance to recover that amount; b) Appoint Us as Your attorney with full power in Your name to claim and recover that amount; and c) Must execute all documents and provide all information as may be necessary to enable Us to obtain the full benefit of this clause 13.
13.8 You acknowledge that if We arrange transit insurance or any other additional insurance than is expressly provided as part of the Services on your behalf, We may be paid a commission for arranging that insurance.
13.9 Damages to Goods or other property must be reported to our employees before the completion of the Removal Services; and
a) Marine liability claims must be made in writing within forty-eight (48) hours of completion of job. b) Public liability claims must be made in writing within forty-eight (48) hours of completion of job.
14.1 If, in addition to Removal Services, You elect to have Goods packed by Us using preventative bubble wrapping (as part of Our optional Packing and Unpacking Services) and subsequently unpacked by Us then, subject to this clause 14, We guarantee that those Goods will be unpacked at Your delivery location free from breakages, or the remedy referred to in clause 14.4 will apply. In this clause 14, all Goods which are covered by Our guarantee are referred to as “Guaranteed Goods”.
14.2 You must:
(a)Prior to the commencement of the Removal Services, demonstrate to Our reasonable satisfaction that all Guaranteed Goods are in working order and free from damage;
(b) Unless You elect to have Goods unpacked by Us (as part of Our Unpacking Services), prior to the completion of the Removal Services:
(1) Unwrap and check the condition of Guaranteed Goods immediately upon unwrapping; and (2) Identify to Us any Guaranteed Goods that are not in good working order or have been damaged during the course of the performance of the Removal Services.
14.3 We have no liability under the guarantee given in this clause 14 if, and to the extent that:
(a) You have not complied with clause 14.2;
(b) The Goods which are damaged are paintings, artwork, artifacts, sculptures, glassware, foodstuffs, jewellery, articles made using gold, silver, diamonds or precious stones, bullion, or cash, bonds, securities or any other form of negotiable instrument; or
(c) The damage is caused by delay, deterioration or other inherent vice, act of God, dismantling, assembly, testing, or electrical fault or malfunction; or
(d) The damage is at Your sole risk under clause 6.4 or 6.5
14.4 Subject to this clause 14, if any Guaranteed Goods are damaged during transit, We will in full discharge of obligations under this clause 14, at Our sole discretion, either replace or repair, or pay the costs of replacing or repairing, such damaged Goods.
15.1 We are not liable for any damage not caused by Us or which results from any cause or event reasonably beyond our control.
15.2 We are only responsible or liable for loss or damage suffered by You in relation to the Services where such loss or damage can be proven (without reasonable doubt) to have been caused by our negligence.
15.3 You may be asked to sign an inventory or other document at the conclusion of the Services and You are responsible at that time to confirm that all of the Goods have been delivered, there are no missing items or boxes and the Goods are in acceptable condition. Where no such document is signed, You must notify Us in writing within forty-eight (48) hours of completion of the Services if there is any damage/loss to your Goods.
15.4 Certain goods (including without limitation electrical and mechanical appliances, computer equipment, scientific instruments, musical instruments and old or self-assembled furniture) are inherently susceptible to suffer damage or disorder upon removal. Unless that damage or disorder results from the want of due care and skill on Our part (which can be proven without reasonable doubt), we will not be liable for any loss or damage to these Goods.
15.5 If a Good is damaged and is to be replaced, where we elect to pay you for the replacement of this Good, We will collect and take ownership of the damaged Good which has been replaced.
15.6 Notwithstanding anything else contained in these terms and conditions, Our liability is limited to repairing damaged Goods to as near the condition as prior to the damage occurring as possible or replacing lost Goods with the same or similar good. These repairs or replacements will be arranged by Us.
15.7 In lieu of repairing Goods, We have the option to compensate you, by paying to you the value of the damaged Goods prior to the damage occurring. If the value cannot be agreed on between You and Us, it will be assessed by an independent valuer chosen by Us.
16.1 These terms and conditions are in addition to any other rights or remedies that you may have under the Australian Consumer law. Those additional remedies remain to the extent that they cannot be excluded. To the extent that they can be excluded they are. Where they cannot be excluded then such rights and remedies are modified to the extent permitted by law.
16.2 To the extent permitted by law, we exclude:
(a) All terms, conditions and warranties implied by statute, general law or custom, except any non-excludable condition;
(b) All liability to You in negligence for acts or omissions of Us, Our employees, agents or contractors arising out of or in connection with the Services or these terms and conditions; and
(c) All liability to You in contract for consequential or indirect damages, including loss of profits, loss of revenue, loss of use, loss of contract, loss of goodwill, or increased cost of working and damage suffered as a result of claims by any third person.
17.1 A $100 cancellation fee applies to jobs cancelled by you within forty-eight (48) hours of the Services being scheduled to commence.
17.2 You acknowledge and agree that the provision of the Services by Us may need to be cancelled at times and that We incur no liability to You whatsoever where We are required to cancel the Services. Where possible We will endeavour to provide You with reasonable notice of any cancellation of the Services, but You acknowledge and agree that this may not always be possible.
17.3 Different sized trucks are subject to availability.
17.4 While We endeavour to provide an adequate truck size for the provision of the Services based on the instructions You provide to Us, You acknowledge and agree that multiple trips from the pick-up location to the delivery location may be required in some instances.
18.1 These terms and conditions constitute the entire understanding between the parties as to their subject matter and supersede all prior agreements, understandings and communications whether written or oral, in relation to their subject matter.
18.2 In the event of any inconsistency between these terms and conditions and the relevant Booking Confirmation, the terms of these terms and conditions take precedence and are to be preferred.
18.3 If any provision of these terms and conditions is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if enforce ability in any other jurisdiction or the enforce ability of any other part of these terms and conditions.
18.4 All waivers must be in writing. A single or partial exercise or waiver by a party of right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other right.
18.5 Except as expressly stated otherwise in these terms and conditions, Our rights under these terms and conditions are cumulative and are in addition to any other rights at law.
18.6 We are entitled to unilaterally amend these terms and conditions where the amendment is reasonable. If we elect to do so, you will be informed at least two (2) days before the amendment takes effect. If you do not agree with the amendment, you must terminate the contract and comply with all your post-termination obligations under it.
18.7 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in New South Wales, Australia.
*Other conditions may apply.
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