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PAUL LAMBE WOODWORKING – Terms & Conditions of Trade
1.1 “PAUL LAMBE WOODWORKING ” means PAUL LAMBE WOODWORKING, its successors and assigns or any person acting on behalf of and with the authority of PAUL LAMBE WOODWORKING.
1.2 “Client” means the person/s buying the Goods (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Goods” means all Goods or Services supplied by PAUL LAMBE WOODWORKING 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 “Equipment” means all Equipment including any accessories supplied on hire by PAUL LAMBE WOODWORKING to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by PAUL LAMBE WOODWORKING to the Client.
1.5 “Price” means the Price payable for the Goods and/or Equipment hire as agreed between PAUL LAMBE WOODWORKING and the Client in accordance with clause 5 below.
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/Equipment.
2.2 These terms and conditions may only be amended with PAUL LAMBE WOODWORKING’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and PAUL LAMBE WOODWORKING.
3.1 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
2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4.1 The Client shall give PAUL LAMBE WOODWORKING 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 PAUL LAMBE WOODWORKING as a result of the Client’s failure to comply with this clause.
5.1 At PAUL LAMBE WOODWORKING’s sole discretion the Price shall be either: (a) as indicated on any invoice provided by PAUL LAMBE WOODWORKING to the Client; or (b) PAUL LAMBE WOODWORKING’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 PAUL LAMBE WOODWORKING reserves the right to change the Price: (a) if a variation to the Goods/Equipment which are to supplied is requested; or (b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party not being completed, change of design, hidden pipes and wiring in walls etc) which are only discovered on commencement of the Services; or (d) in the event of increases to PAUL LAMBE WOODWORKING in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond PAUL LAMBE WOODWORKING's control.
5.3 At PAUL LAMBE WOODWORKING’s sole discretion a non-refundable deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.
5.4 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by PAUL LAMBE WOODWORKING, which may be: (a) on delivery of the Goods/Equipment; (b) before delivery of the Goods/Equipment; (c) by way of instalments/progress payments in accordance with PAUL LAMBE WOODWORKING's payment schedule; (d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by PAUL LAMBE WOODWORKING.
5.5 Payment may be made by cash, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and PAUL LAMBE WOODWORKING.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to PAUL LAMBE WOODWORKING an amount equal to any GST PAUL LAMBE WOODWORKING must pay for any supply by PAUL LAMBE WOODWORKING under this or any other agreement for the sale of the Goods/hire of the Equipment. 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.
6.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that: (a) the Client or the Client’s nominated carrier takes possession of the Goods/Equipment at PAUL LAMBE WOODWORKING’s address; or (b) PAUL LAMBE WOODWORKING (or PAUL LAMBE WOODWORKING’s nominated carrier) delivers the Goods/Equipment to the Client’s nominated address even if the Client is not present at the address.
6.2 At PAUL LAMBE WOODWORKING’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
6.3 The Client must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Goods/Equipment as arranged then PAUL LAMBE WOODWORKING shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.
6.4 PAUL LAMBE WOODWORKING may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.5 Any time or date given by PAUL LAMBE WOODWORKING to the Client is an estimate only. The Client must still accept delivery of the Goods/Equipment even if late and PAUL LAMBE WOODWORKING will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
7.1 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.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, PAUL LAMBE WOODWORKING is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by PAUL LAMBE WOODWORKING is sufficient evidence of PAUL LAMBE WOODWORKING’s rights to receive the insurance proceeds without the need for any person dealing with PAUL LAMBE WOODWORKING to make further enquiries.
7.3 If the Client requests PAUL LAMBE WOODWORKING to leave Goods outside PAUL LAMBE WOODWORKING’s premises for collection or to deliver the Goods to an unattended
location then such Goods shall be left at the Client’s solerisk.
7.4 Where the Client has supplied materials for PAUL LAMBE WOODWORKING to complete the Services, the Client acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. PAUL LAMBE WOODWORKING shall not be responsible for any defects in the Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
7.5 The Client acknowledges that variations of colour, sheen and texture are inherent in timber. PAUL LAMBE WOODWORKING shall not be held responsible nor liable for any loss, damages or costs howsoever arising resulting from any variation of the colour, sheen or texture between different areas of the product.
7.6 Detailed drawings of any services that will be embedded in the timber are to be provided to PAUL LAMBE WOODWORKING prior to commencement of any Services. Whilst all due care will be taken no liability will be accepted by PAUL LAMBE WOODWORKING for damage to the services or any other element embedded in the timber.
11.1 PAUL LAMBE WOODWORKING and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid PAUL LAMBE WOODWORKING all amounts owing to PAUL LAMBE WOODWORKING ; and (b) the Client has met all of its other obligations to PAUL LAMBE WOODWORKING.
11.2 Receipt by PAUL LAMBE WOODWORKING 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: (a) until ownership of the Goods passes to the Client in accordance with clause 11.2
11.4 that the Client is only a bailee of the Goods and must return the Goods to PAUL LAMBE WOODWORKING on request. (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for PAUL LAMBE WOODWORKING and must pay to PAUL LAMBE WOODWORKING 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 PAUL LAMBE WOODWORKING and must pay or deliver the proceeds to PAUL LAMBE WOODWORKING 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 PAUL LAMBE WOODWORKING and must sell, dispose of or return the resulting product to PAUL LAMBE WOODWORKING as it so directs. (e) the Client irrevocably authorises PAUL LAMBE WOODWORKING to enter any premises where PAUL LAMBE WOODWORKING believes the Goods are kept and recover possession of the Goods. (f) PAUL LAMBE WOODWORKING 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 PAUL LAMBE WOODWORKING. (h) PAUL LAMBE WOODWORKING may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
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/Equipment that has previously been supplied and that will be supplied in the future by PAUL LAMBE WOODWORKING 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 upto-date in all respects) which PAUL LAMBE WOODWORKING 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 clause (i) or (ii); (b) indemnify, and upon demand reimburse, PAUL LAMBE WOODWORKING 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/Equipment charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of PAUL LAMBE WOODWORKING; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment in favour of a third party without the prior written consent of PAUL LAMBE WOODWORKING; (e) Immediately advise PAUL LAMBE WOODWORKING of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
12.4 PAUL LAMBE WOODWORKING 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 thePPSA.
12.7 Unless otherwise agreed to in writing by PAUL LAMBE WOODWORKING, 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 PAUL LAMBE WOODWORKING under clauses 12.3 to 12.5. 12.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
13.1 In consideration of PAUL LAMBE WOODWORKING agreeing to supply the Goods/Equipment, 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 PAUL LAMBE WOODWORKING from and against all PAUL LAMBE WOODWORKING’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising PAUL LAMBE WOODWORKING’s rights under this clause.
13.3 The Client irrevocably appoints PAUL LAMBE WOODWORKING and each director of PAUL LAMBE WOODWORKING as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause including, but not limited to, signing any document on the Client’s behalf.
14.1 The Client must inspect the Goods/Equipment on delivery and must within seven (7) days of delivery notify PAUL LAMBE WOODWORKING in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow PAUL LAMBE WOODWORKING to inspect the Goods/Equipment.
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 PAUL LAMBE WOODWORKING acknowledges that nothing in these terms and conditions purports to modify or exclude the NonExcluded Guarantees.
14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, PAUL LAMBE WOODWORKING makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. PAUL LAMBE WOODWORKING’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, PAUL LAMBE WOODWORKING’s liability is limited to the extent permitted by section 64A of Schedule 2.
14.6 If PAUL LAMBE WOODWORKING is required to replace the Goods under this clause or the CCA, but is unable to do so, PAUL LAMBE WOODWORKING 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, PAUL LAMBE WOODWORKING’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 PAUL LAMBE WOODWORKING at PAUL LAMBE WOODWORKING’s sole discretion; (b) limited to any warranty to which PAUL LAMBE WOODWORKING is entitled, if PAUL LAMBE WOODWORKING did not manufacture the Goods; (c) otherwise negated absolutely.
14.8 Subject to this clause , returns will only be accepted provided that: (a) the Client has complied with the provisions of clause 14.1; and (b) PAUL LAMBE WOODWORKING has agreed that the Goods are defective; and (c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); 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, PAUL LAMBE WOODWORKING 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 maintain or store any Goods/Equipment; (b) the Client using the Goods/Equipment for any purpose other than that for which they were designed; (c) the Client continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) the Client failing to follow any instructions or guidelines provided by PAUL LAMBE WOODWORKING; (e) fair wear and tear, any accident, or act of God.
14.10 Notwithstanding anything contained in this clause if PAUL LAMBE WOODWORKING is required by a law to accept a return then PAUL LAMBE WOODWORKING will only accept a return on the conditions imposed by that law.
15.1 Where PAUL LAMBE WOODWORKING has designed, drawn or developed Goods/Equipment for the Client, then the copyright in any designs and drawings and documents shall remain the property of PAUL LAMBE WOODWORKING.
15.2 The Client agrees that PAUL LAMBE WOODWORKING may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, digital or photographic images, drawings or Goods which PAUL LAMBE WOODWORKING has created for the Client.
16.1 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 PAUL LAMBE WOODWORKING’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes PAUL LAMBE WOODWORKING any money the Client shall indemnify PAUL LAMBE WOODWORKING from and against all costs and disbursements incurred by PAUL LAMBE WOODWORKING in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, PAUL LAMBE WOODWORKING’s contract default fees, and bank dishonour fees).
16.3 Without prejudice to any other remedies PAUL LAMBE WOODWORKING may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions PAUL LAMBE WOODWORKING may suspend or terminate the supply of Goods/Equipment to the Client. PAUL LAMBE WOODWORKING will not be liable to the Client for any loss or damage the Client suffers because PAUL LAMBE WOODWORKING has exercised its rights under this clause.
16.4 Without prejudice to PAUL LAMBE WOODWORKING’s other remedies at law PAUL LAMBE WOODWORKING shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to PAUL LAMBE WOODWORKING shall, whether or not due for payment, become immediately payable if: (a) any money payable to PAUL LAMBE WOODWORKING becomes overdue, or in PAUL LAMBE WOODWORKING’s opinion the Client will be unable to make a payment when it falls due; (b) 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 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
17.1 PAUL LAMBE WOODWORKING may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are due to be delivered by giving written notice to the Client. On giving such notice PAUL LAMBE WOODWORKING shall repay to the Client any money paid by the Client for the Goods/Equipment. PAUL LAMBE WOODWORKING shall not be liable for any loss or damage whatsoever arising from such cancellation.
17.2 In the event that the Client cancels delivery of the Goods/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by PAUL LAMBE WOODWORKING Concrete as a direct result of the cancellation (including, but not limited to, any loss of profits).
17.3 Cancellation of orders for Goods/Equipment made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
18.1 The Client agrees for PAUL LAMBE WOODWORKING to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by PAUL LAMBE WOODWORKING.
18.2 The Client agrees that PAUL LAMBE WOODWORKING may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency 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. The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
18.3 The Client consents to PAUL LAMBE WOODWORKING being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
18.4 The Client agrees that personal credit information provided may be used and retained by PAUL LAMBE WOODWORKING for the following purposes (and for other purposes as shall be agreed between the Client and PAUL LAMBE WOODWORKING or required by law from time to time): (a) the provision of Goods/Equipment; and/or
(b) the marketing of Goods/Equipment by PAUL LAMBE WOODWORKING, its agents or distributors; and/or (c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or (e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the
Client’s account in relation to the Goods/Equipment.
18.5 PAUL LAMBE WOODWORKING may give information about the Client to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Client; (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
18.6 The information given to the credit reporting agency may include: (a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number); (b) details concerning the Client’s application for credit or commercial credit and the amount requested; (c) advice that PAUL LAMBE WOODWORKING is a current credit provider to the Client; (d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; (e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; (f) information that, in the opinion of PAUL LAMBE WOODWORKING, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations); (g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once; (h) that credit provided to the Client by PAUL LAMBE WOODWORKING has been paid or otherwise discharged.
20.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be: (a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and (b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
21.1 The Client and PAUL LAMBE WOODWORKING shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
21.2 The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the works.
21.3 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
22.1 At PAUL LAMBE WOODWORKING’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Construction Contracts Act 2004 may apply.
22.2 Nothing in this agreement is intended to have the affect of contracting out of any provisions of the Construction Contracts Act 2004 of Western Australia, except to the extent permitted by the Act where applicable.
23.1 The failure by PAUL LAMBE WOODWORKING to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect PAUL LAMBE WOODWORKING’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.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which PAUL LAMBE WOODWORKING has its principal place of business and are subject to the jurisdiction of the courts in Western Australia.
23.3 Subject to clause 14, PAUL LAMBE WOODWORKING 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 PAUL LAMBE WOODWORKING of these terms and conditions (alternatively PAUL LAMBE WOODWORKING’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
23.4 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 PAUL LAMBE WOODWORKING nor to withhold payment of any invoice because part of that invoice is in dispute.
23.5 PAUL LAMBE WOODWORKING may license or sub-contract all or any part of its rights and obligations without the Client’sconsent.
23.6 The Client agrees that PAUL LAMBE WOODWORKING may amend these terms and conditions at any time. If PAUL LAMBE WOODWORKING makes a change to these terms and conditions, then that change will take effect from the date on which PAUL LAMBE WOODWORKING notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for PAUL LAMBE WOODWORKING to provide Goods/Equipment to the Client.
23.7 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.
23.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
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