Terms and Conditions | Big Fig Catering

Big Fig Catering Pty Ltd ABN: 44 669 243 056

Quotes are valid for one month from the date of quotation, unless otherwise stated, and only according to the specifications provided. Alterations to specifications may require quote to be reviewed and revised. No services are being held as a result of an issued quote and is subject to availability at time of request to proceed. Availability is subject to change.

• A 20% deposit is required for Offsite Events or Drop off Orders over $1000.00. The balance is due no less than 10 days prior to your event, with final numbers and dietaries being due no less than 14 days prior to your event.

• Drop off Orders under $1000 require full payment upon confirmation of your order unless a Corporate Account is in place.

In the event that a confirmed booking is cancelled, the following cancellation charges will apply –

• Notice of 21ndays or more: Full deposit refunded;

• Notice of 14 to 21 days: 50% deposit retained;

• Notice of 7 to 14 days: Full deposit retained;

• Notice of 7 days or less: Big Fig Catering Pty Ltd reserves the right to full payment of total booking cost.

[In the case that a deposit has not been received, the applicable cancellation fee + $100 administration fee will be charged.]

These cancellation charges compensate for loss of assumed as well as other potential income on the specified date, and other costs incurred including but not limited to produce, labour, scheduling and administration.

Where possible, Big Fig Catering Pty Ltd will use discretion to minimize cancellation charges and will evaluate on a case-to-case basis according to costs already incurred.

Should Big Fig Catering Pty Ltd be unable to provide any service due to extenuating and unforeseen circumstances, clients may not make any claim other than a full refund of payment/s made.

PRICING

• All pricing is shown inclusive of GST unless otherwise specified and does not include applicable delivery charges &/or surcharges where applicable

• Due to seasonal availability &/or significant market price fluctuations, all prices and ingredients are subject to change without prior notice. Notice will be provided to the client where practicable.

STAFF

• In the event that staff are required to work longer than initially booked for, overtime will be charged at the applicable rate.

• Any overtime shall be signed off by the client at the event prior to staff departure. An invoice will be issued after the event and must be paid within 7 days of issue.

CONDUCT AT THE EVENT

• Your event must be conducted in an orderly & lawful manner and in accordance with the conditions attached to Big Fig Catering Pty Ltd licenses granted under the Liquor Act 2007.

• Big Fig Catering Pty Ltd may terminate its service of your event if it reasonably deems your function is not being conducted in such a manner that is lawful & orderly &/or the event might prejudice the good reputation of Big Fig Catering Pty Ltd

EQUIPMENT HIRE

• Requests for specific delivery &/or up times may incur additional charges.

• Upon delivery of order, the consignee is required to sign a Delivery Docket, acknowledging the quantity and type of platters &/or equipment received.

• All equipment is carefully counted and packed before leaving our premises. Please ensure you check the equipment you have received for your event and notify us immediately to report any missing &/or damaged stock.

• The client is responsible for any loss of or damage to equipment and shall be invoiced at replacement cost.

EQUIPMENT PICK UP

• It would be appreciated that platters &/or equipment be made available for collection from a central location in a clean and reasonable condition.

SITE INSPECTIONS

• Big Fig Catering Pty Ltd reserves the right to charge the client an additional fee to perform a site inspection should circumstances warrant it.

• Upon inspection of the venue, if changes to specifications of your event brief are required, this may incur additional charges.

PARKING

• In the event that unpaid secure parking within close proximity to your event cannot be provided for Big Fig Catering Pty Ltd vehicles, all parking charges incurred during the event will be on- charged to the client.

EXTERNAL SUPPLIERS

• From time to time Big Fig may outsource a portion of the products and/or services listed on your quotation.

• In the event that an external supplier alters a quoted price, or revokes a quotation Big Fig is not liable for any additional charges related to sourcing the product/or service from another supplier on your behalf.

EVENT PLANNER, EVENT MANAGER, THIRD PARTY AUTHORITY

• In the event that you have enlisted in the services of a third party that will communicate with Big Fig Catering Pty Ltd we require a ‘Third Party Declaration Form’ be completed to allow this person/people to act on your behalf.

• Once the ‘Third Party Declaration Form’ has been completed it is understood that the listed party(s) have full permission to make decisions with regards to the event that may alter the end result; including, but not limited to: pricing, timing, dates, menu etc.

PAYMENT TERMS

• For your convenience, we accept a range of payment methods: EFT, cheque and all major credit cards. Please note that credit card payments will incur a 2% surcharge.

• A 20% deposit is required for offsite events as well as all orders whose value is greater than $1000.00. The balance is due no less than 7 days prior to your event, with final numbers and dietaries being due no less than 4 days prior to your event.

• Drop off Orders under $1000 require full payment upon confirmation of your order unless a Corporate Account is in place.

• Additional charges billed post event are to be paid no later than seven days after the event.

• Prompt payment is appreciated. A fee will be incurred for late payment.

RESPONSIBILITY

• Big Fig Catering Pty Ltd is not responsible for any theft, damage or loss to any goods that occur in any public areas.

• The client is responsible for all loss & damage to the property of the venue where the event is conducted, including & not limited to fixtures, furnishings, goods on premises caused by or arising from any act by the client, the clients guests or other persons attending your event.

DIETARY REQUIREMENTS

• While Big Fig Catering Pty Ltd will endeavour to accommodate all dietary requirements for guests with allergies or intolerances, Big Fig Catering Pty Ltd cannot guarantee completely allergy free meals due to the potential of trace allergens in the production kitchen environment and within supplied ingredients.

INCLEMENT WEATHER

• In the case that an outdoor venue has been booked by the client for an event, an alternative inclement weather venue should be booked and is the responsibility of the client. Inclement weather is classified as any weather conditions that deem it unsafe or unreasonable for persons to be exposed to in an outdoor location. A decision to relocate an event to an alternate location must be made no less than 6 hours prior to the scheduled event time & once decision made, cannot be overturned or reverted. Additional charges may be incurred due to location change.

5 STAR GUARANTEE

• If you, or your guests are not satisfied with our service, we will refund 100% of the unsatisfactory elements. You have 7 days to make a claim with Head Office with your invoice number and time of delivery in writing to [email protected]. We will refund the purchase price or issue a credit against your account for the unsatisfactory elements once the above conditions have been met. You must provide the original purchase invoice. Refund amount is less GST. Maximum refund will not exceed the recommended retail price of the catering on date of purchase.

BIG FIG CATERING – TERMS & CONDITIONS OF TRADE

1. Definitions

1.1 “BFC” means Big Fig Catering Pty Ltd , its successors and assigns or any person acting on behalf of and with the authority Big Fig Catering Pty Ltd.

1.2 “Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting BFC to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:

(a) if there is more than one Client, is a reference to each Client jointly and severally; and

(b) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and

1.3 “Goods” means all Goods or Services supplied by BFC to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between BFC and the Client in accordance with clause 6 below.

1.5 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Client and BFC.

2.3 These terms and conditions may be meant to be read in conjunction with BFC’s Hire Form, and:

(a) where the context so permits, the terms ‘Goods’ or ‘Services’ shall include any supply of Equipment, as defined therein; and

(b) if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.

2.4 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on BFC’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.

2.5 Services are supplied by BFC only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Online Ordering

3.1 The Client acknowledges and agrees that:

(a) BFC does not guarantee the websites performance or availability of any of its Goods; and

(b) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and

(c) there are inherent hazards in electronic distribution and as such BFC cannot warrant against delays or errors in transmitting data between the Client and BFC including orders, and you agree that to the maximum extent permitted by law, BFC will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.

3.2 BFC reserves the right to terminate your order if it learns that you have provided false or misleading information, interfered with other users or the administration of BFC’s Services, or violated these terms and conditions.

4. Errors and Omissions

4.1 The Client acknowledges and accepts that BFC shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a) resulting from an inadvertent mistake made by BFC in the formation and/or administration of this contract; and/or

(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by BFC in respect of the Services.

4.2 In the event such an error and/or omission occurs in accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of BFC; the Client shall not be entitled to treat this contract as repudiated nor render it invalid.

5. Change in Control

5.1 The Client shall give BFC not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by BFC as a result of the Client’s failure to comply with this clause.

6. Price and Payment

6.1 At BFC’s sole discretion, the Price shall be either:

(a) as indicated on any invoice provided by BFC to the Client; or

(b) BFC’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

6.2 BFC reserves the right to change the Price if a variation to BFC’s quotation is requested. Variations will be charged for on the basis of BFC’s quotation, and will be detailed in writing, and shown as variations on BFC’s invoice. The Client shall be required to respond to any variation submitted by BFC within ten (10) working days. Failure to do so will entitle BFC to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

6.3 At BFC’s sole discretion, a deposit may be required.

6.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by BFC, which may be:

(a) on delivery of the Goods;

(b) before delivery of the Goods;

(d) thirty (30) days from the date of any invoice given to the Client by BFC;

(e) the date specified on any invoice or other form as being the date for payment; or

(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by BFC.

6.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and BFC.

6.6 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by BFC nor to withhold payment of any invoice because part of that invoice is in dispute.

6.7 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to BFC an amount equal to any GST BFC must pay for any supply by BFC under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

7. Delivery of Goods

7.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a) the Client or the Client’s nominated carrier takes possession of the Goods at BFC’s address; or

(b) BFC (or BFC’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

7.2 At BFC’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

7.3 Any time specified by BFC for delivery of the Goods is an estimate only. The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. BFC will not be liable for any loss or damage incurred by the Client as a result of delivery being late. In the event that the Client is unable to take delivery of the Goods as arranged then BFC shall be entitled to charge a reasonable fee for redelivery and/or storage.

7.4 BFC may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

8. Risk

8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

8.2 The final confirmation and menu selections, guaranteed number of guests, venue address and serving times must be provided to BFC no later than five (5) working days prior to the function that catering is required for. At BFC’s discretion, changes to the number of guests may be accepted with less than five (5) working days’ notice.

8.3 Due to the nature of products such as produce, fish, and/or game, BFC does not guarantee the supply of any specific type of produce, fish or game at any particular time (including but not limited to the effects of weather, algae bloom, and seasonal produce).

8.4 Any alleged claims of contamination, accidental inclusion or food borne illnesses must be reported to BFC’s management in writing as soon as reasonable practicable. BFC reserves the right to inspect any items attributed to the claim and have the items tested by an independent laboratory before any public claims, statements or dissemination of information in any format including social media.

8.5 BFC has product safety and product recall procedures in place which will conform to the requirements of all laws and the recommendations of the Australian and New Zealand Food Authority.

9. Customer’s Obligations

9.1 Any and all food allergies that may be applicable must be disclosed to BFC at the time that the catering is booked, as some food allergies can be serious, and even fatal. Whilst BFC shall endeavour to limit any cross-contamination of allergens, the Client accepts that as all food is prepared in one kitchen, there can be no guarantee that specific foods will be allergen free during preparation or presentation. Although BFC may provide dietary labelling as a guide BFC will accept no liability for the supply of foods that cause an allergic reaction.

10. Compliance with Laws

10.1 BFC warrants that Goods manufactured on its registered premises, and supplied to all Client, comply safety regulations and standard industry principles and is eminently suitable for public consumption and thereby compliant with the Australia New Zealand Food Standards Code.

10.2 Where applicable, BFC shall comply with all requirements necessary under the Liquor Act 2007 and any legislative requirement that may supersede that Act. In doing so, BFC shall reserve the right to request the Client and/or patrons of the Client’s event to provide evidence of proof of age.

11. Title

11.1 BFC and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid BFC all amounts owing to BFC; and

(b) the Client has met all of its other obligations to BFC.

11.2 Receipt by BFC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

11.3 It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 11.1:

(a) the Client is only a bailee of the Goods and must return the Goods to BFC on request.

(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for BFC and must pay to BFC the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for BFC and must pay or deliver the proceeds to BFC on demand.

(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of BFC and must sell, dispose of or return the resulting product to BFC as it so directs.

(e) the Client irrevocably authorises BFC to enter any premises where BFC believes the Goods are kept and recover possession of the Goods.

(f) BFC may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of BFC.

(h) BFC may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

12. Personal Property Securities Act 2009 (“PPSA”)

12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

12.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to BFC for Services – that have previously been supplied and that will be supplied in the future by BFC to the Client.

12.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which BFC may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause12.3(a)(i) or 12.3(a)(ii);

(b) indemnify, and upon demand reimburse, BFC for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of BFC;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of BFC;

(e) immediately advise BFC of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

12.4 BFC and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

12.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

12.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

12.7 Unless otherwise agreed to in writing by BFC, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

12.8 The Client must unconditionally ratify any actions taken by BFC under clauses 12.3 to 12.5.

12.9 Subject to any express provisions to the contrary (including those contained in this clause 12) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13. Security and Charge

13.1 In consideration of BFC agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

13.2 The Client indemnifies BFC from and against all BFC’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising BFC’s rights under this clause.

13.3 The Client irrevocably appoints BFC and each director of BFC as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

14. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

14.1 The Customer must inspect the Goods on delivery and due to the perishable nature of the Goods must within twenty-four (24) hours of Delivery notify BFC in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow BFC to inspect the Goods.

14.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non- Excluded Guarantees).

14.3 BFC acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

14.4 Except as expressly set out in these terms and conditions or in respect of the NonExcluded Guarantees, BFC makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. BFC’s liability in respect of these warranties is limited to the fullest extent permitted by law.

14.5 If the Client is a consumer within the meaning of the CCA, BFC’s liability is limited to the extent permitted by section 64A of Schedule 2.

14.6 If BFC is required to replace the Goods under this clause or the CCA, but is unable to do so, BFC may refund any money the Client has paid for the Goods.

14.7 If the Client is not a consumer within the meaning of the CCA, BFC’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Client by BFC at BFC’s sole discretion;

(b) limited to any warranty to which BFC is entitled, if BFC did not manufacture the Goods;

14.8 Subject to this clause 14, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 14.1; and

(b) BFC has agreed that the Goods are defective; and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

14.9 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, BFC shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Client failing to properly chill or store any Goods;

(b) the Client continuing to consume Goods after any defect or spoilage becomes apparent or should have become apparent to any person;

(c) the Client failing to follow any instructions or guidelines provided by BFC including the temperature at and manner in which the Goods should be stored for preservation of freshness;

(d) any accident, or act of God.

15. Default and Consequences of Default

15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at BFC’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

15.2 If the Client owes BFC any money the Client shall indemnify BFC from and against all costs and disbursements incurred by BFC in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, BFC’s contract default fee, and bank dishonour fees).

15.3 Further to any other rights or remedies BFC may have under this contract, if a Client has made payment to BFC, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by BFC under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.

15.4 Without prejudice to BFC’s other remedies at law BFC shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to BFC shall, whether or not due for payment, become immediately payable if:

(a) any money payable to BFC becomes overdue, or in BFC’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client has exceeded any applicable credit limit provided by BFC;

(c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

16. Cancellation

16.1 Without prejudice to any other remedies BFC may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions BFC may suspend or terminate the supply of Goods to the Client. BFC will not be liable to the Client for any loss or damage the Client suffers because BFC has exercised its rights under this clause.

16.2 BFC may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice BFC shall repay to the Client any money paid by the Client for the Goods. BFC shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.3 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by BFC as a direct result of the cancellation (including, but not limited to, any loss of profits).

16.4 Cancellation of orders for Goods made to the Client’s specifications, or for nonstocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

17. Privacy Act 1988

17.1 The Client agrees for BFC to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by BFC.

17.2 The Client agrees that BFC may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

17.3 The Client consents to BFC being given a consumer credit report to collect overdue payment on commercial credit.

17.4 The Client agrees that personal credit information provided may be used and retained by BFC for the following purposes (and for other agreed purposes or required by):

(a) the provision of Goods; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Goods.

17.5 BFC may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

17.6 The information given to the CRB may include:

(a) personal information as outlined in 17.1 above;

(b) name of the credit provider and that BFC is a current credit provider to the Client;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and BFC has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of BFC, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

17.7 The Client shall have the right to request (by e-mail) from BFC:

(a) a copy of the information about the Client retained by BFC and the right to request that BFC correct any incorrect information; and

(b) that BFC does not disclose any personal information about the Client for the purpose of direct marketing.

17.8 BFC will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.

17.9 The Client can make a privacy complaint by contacting BFC via e-mail. BFC will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

18. Unpaid Seller’s Rights

18.1 Where the Client has left any item with BFC for repair, modification, exchange or for BFC to perform any other service in relation to the item and BFC has not received or been tendered the whole of any monies owing to it by the Client, BFC shall have, until all monies owing to BFC are paid:

(a) a lien on the item; and

(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

18.2 The lien of BFC shall continue despite the commencement of proceedings, or judgment for any monies owing to BFC having been obtained against the Client.

19. Service of Notices

19.1 Any written notice given under this contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;

(e) if sent by email to the other party’s last known email address.

19.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

20. Trusts

20.1 If the Client at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not BFC may have notice of the Trust, the Client covenants with BFC as follows:

(a) the contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;

(b) the Client has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.

(c) The Client will not without consent in writing of BFC (BFC will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;

(i) the removal, replacement or retirement of the Client as trustee of the Trust;

(ii) any alteration to or variation of the terms of the Trust;

(iii) any advancement or distribution of capital of the Trust; or

(iv) any resettlement of the trust property.

21. General

21.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which BFC has its principal place of business, and are subject to the jurisdiction of the courts in that state.

21.3 Subject to clause 14 BFC shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by BFC of these terms and conditions (alternatively BFC’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

21.4 BFC may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.

21.5 The Client cannot licence or assign without the written approval of BFC.

21.6 BFC may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of BFC’s sub-contractors without the authority of BFC.

21.7 The Client agrees that BFC may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for BFC to provide Goods to the Client.

21.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

21.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.