Terms and conditions of trade

PART I - GENERAL CLAUSES 

2. Definitions 2.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 

2.2 “Pedemonts” means Pedemont Furniture Transport Pty Ltd T/A Pedemonts, its successors and assigns or any person acting on behalf of and with the authority of Pedemont Furniture Transport Pty Ltd T/A Pedemonts. 

1. 1. 1. 2.3 “Sub-Contractor” means and include; (a) any other person or entity with whom Pedemonts may arrange for the carriage or storage of any Goods the subject of the Contract; or 
      2. (b) and any person who is now or hereafter a servant, agent, employee or sub-contractor of any of the persons referred to in clause 2.3(a). 
      3. 2.4 “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Pedemonts 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 
      4. (b) if the Client is a partnership, it shall bind each partner jointly and severally; and 
      5. (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee; and 
      6. (d) includes the Client’s executors, administrators, successors and permitted assigns. 
      7. 2.5 “Consignee” means the person to whom the Goods are to be delivered by way of the Services. 
      8. 2.6 “Goods” means cargo together with any container, packaging, or pallet(s) to be moved from one place to another by way of Pedemonts Services, or for storage by Pedemonts. 
      9. 2.7 “Services” means all services supplied by Pedemonts (including, but not limited to, anything done or to be done in relation to the Goods, or the provision of any services ancillary to the Goods such as moving, storing or leaving the Goods at any warehouse, yard, terminal, or other place or area, loading or unloading the Goods from any vehicle or other conveyance, stowing or packing the Goods, or fumigating or otherwise handling the Goods etc) to the Client and are as described on the quotations, invoices, consignment note, airway bills, manifests, sales order or any other forms as provided by Pedemonts to the Client and includes any advice or recommendations (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other). 
      10. 2.8 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details. 
      11. 2.9 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website. 
      12. 2.10 “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between Pedemonts and the Client in accordance with clause 7 below. 
      13. 2.11 “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth). 

3. Acceptance 3.1 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. 

3.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail. 

3.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties. 

1. 1. 1. 3.4 The Client acknowledges and accepts that: (a) the supply of Goods on credit shall not take effect until the Client has completed a credit application with Pedemonts and it has been approved with a credit limit established for the account. In the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds the payment terms, Pedemonts reserves the right to refuse Delivery; and 
      2. (b) it is the Client’s responsibility to ensure that stone and concrete composite products be adequately packaged for transport. All due care for such items will be taken by Pedemonts whilst in transit, however no responsibility will be accepted by Pedemonts for such products in transit; and 
      3. (c) the Goods are carried or transported and any other Services performed by Pedemonts are subject only to these conditions and Pedemonts reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion; and 
      4. (d) unless otherwise agreed to in writing by Pedemonts, the Services shall be conducted during normal trading hours, Monday to Friday, excluding public holidays; and 
      5. (e) where the Client nominates the volume, the chargeable volume will be rounded up to the nearest 0.1m3; and 
      6. (f) unless otherwise agreed by both parties, all pricing includes movement of any item under the length of 2400mm and weight of 80kg; and 
      7. (g) all jobs quoted prior to the 31st of October that have not been stipulated to take place in November/December or January may be subject to a surcharge. 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

#38673 © Copyright – EC Credit Control 1999 - 2019 

3.5 These terms and conditions are to be read in conjunction with Pedemont’s quotation, consignment note, agreement, airway bills, manifests, or any other forms as provided by Pedemonts to the Client. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail. 

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

4. Authorised Representatives 4.1 Unless otherwise limited as per clause 4.2 the Client agrees that should the Client introduce any third party to Pedemonts as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any Goods or Services on the Client’s behalf and/or to request any variation to the Services on the Client’s behalf (such authority to continue until all requested Services have been completed or the Client otherwise notifies Pedemonts in writing that said person is no longer the Client’s duly authorised representative). 

4.2 In the event that the Client’s duly authorised representative as per clause 4.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise Pedemonts in writing of the parameters of the limited authority granted to their representative. 

4.3 The Client specifically acknowledges and accepts that they will be solely liable to Pedemonts for all additional costs incurred by Pedemonts (including Pedemonts’ profit margin) in providing any Services, Goods or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any)). 

1. 1. 1. 5. Errors and Omissions 5.1 The Client acknowledges and accepts that Pedemonts shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (h) resulting from an inadvertent mistake made by Pedemonts in the formation and/or administration of this Contract; and/or 
      2. (i) contained in/omitted from any literature (hard copy and/or electronic) supplied by Pedemonts in respect of the Services. 
      3. 5.2 In the event such an error and/or omission occurs in accordance with clause 5.1, and is not attributable to the negligence and/or wilful misconduct of Pedemonts; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid. 

6. Change in Control 6.1 The Client shall give Pedemonts 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, change of trustees, or business practice). The Client shall be liable for any loss incurred by Pedemonts as a result of the Client’s failure to comply with this clause. 

1. 1. 1. 7. Price and Payment 7.1 At Pedemonts’ sole discretion, the Price shall be either: (a) as indicated on any invoice provided by Pedemonts to the Client; or 
         1. (b) Pedemonts’ quoted price (subject to clause 7.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. Unless specified otherwise, Pedemonts’ quotation is based upon: (i) information (such as an inventory list) supplied by the Client, to which packing, transit, storage and any other associated costs can be calculated; 
         2. (ii) weekday, single point delivery and collection on a direct transit, door-to-door basis. 
      2. 7.2 Pedemonts reserves the right to change the Price if a variation to Pedemonts’ quotation is requested.: (a) by giving notice to the Client increase the Price of the Services to reflect any increase in the cost to Pedemonts beyond the reasonable control of Pedemonts (including, without limitation, any variations to the Services originally scheduled, limitations to accessing the site such as the like of stairs and gates, availability of machinery, safety considerations, overflow, foreign exchange fluctuations, or increases in taxes, customs duties, insurance premiums, or warehousing costs); 
      3. (b) charge freight by kilometres travelled or weight, measurement or value of the Goods, and may at any time re-calculate such freight (including re-weigh, or re-value or re-measure or require the Goods to be re-weighed, or re-valued or re-measured) and amend the Price accordingly. 
      4. 7.3 Variations will be charged for on the basis of Pedemonts’ quotation, and will be detailed in writing, and shown as variations on Pedemonts’ invoice. The Client shall be required to respond to any variation submitted by Pedemonts within ten (10) working days. Failure to do so will entitle Pedemonts 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. 
      5. 7.4 At Pedemonts’ sole discretion, a non-refundable deposit may be required. 
      6. 7.5 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Pedemonts, which may be: (b) on or before Delivery of the Goods; 
      7. (c) thirty (30) days following the date of any invoice given to the Client by Pedemonts; or 
      8. (d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Pedemonts. 
      9. 7.6 Payment may be made by cheque, electronic/on-line banking, Visa and Mastercard credit card only (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Pedemonts. 
      10. 7.7 Pedemonts may in its discretion allocate any payment received from the Client towards any invoice that Pedemonts determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Pedemonts may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Pedemonts, payment will be deemed to be allocated in such manner as preserves the maximum value of Pedemonts’ Purchase Money Security Interest (as defined in the PPSA) in the Goods. 
      11. 7.8 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 Pedemonts nor to withhold payment of any invoice because part of that invoice is in dispute. 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

#38673 © Copyright – EC Credit Control 1999 - 2019 

7.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Pedemonts an amount equal to any GST Pedemonts must pay for any supply by Pedemonts under this or any other agreement 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. 

7.10 Receipt by Pedemonts 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, and until then Pedemonts rights and/or ownership in relation to this Contract, shall continue. 

1. 1. 1. 8. Client’s Responsibility 8.1 The Client expressly warrants to Pedemonts that: (a) the Client is either the owner or the authorised agent of the owner of any Goods or property that is the subject matter of this Contract, and by entering into this Contract the Client accepts these terms and conditions for the Consignee as well as for all other persons on whose behalf the Client is acting; and 
      2. (b) the Goods are fit for carriage, comply with any applicable legal requirements relating to the nature, condition and/or packaging of the Goods (and that the expenses of complying with such requirements or any other lawful requirements of any authority, other body or the company shall be at the Client’s cost). 
      3. (c) the person handing over the Goods to Pedemonts is authorised to sign and accept these terms and conditions; and 
      4. (d) it is solely the Client’s responsibility to address adequately each consignment and to provide written delivery instructions to enable effective delivery; and 
      5. (e) any packaging, labelling and/or marking by the Client accurately describes the Goods as to content, weight and method of handling or otherwise, complies with applicable goods codes, any other applicable laws and with any relevant Australian or international standards; and 
      6. (f) at Pedemonts’ discretion, where differences or omissions between address and/or contact information written on the consignment and/or other documentation or in any form of communication (including, but not limited to, email and telephone) provided by the Client to Pedemonts, Pedemonts shall reserve the right to choose which delivery information is followed and shall not be held liable for any associated costs in relocation of the Goods if this address is the incorrect one; and 
      7. (g) where Pedemonts is engaged to transport a packaged item/s, Pedemonts reserve the right to refuse to transport these item/s where it is deemed that the packaging is insufficient or inadequate; and 
      8. (h) bookings shall be made by the person or company who intends to pay Pedemonts for the provision of the Services unless otherwise clarified prior to quoting. 
      9. 8.2 The Client shall indemnify Pedemonts against any loss (including any fine, levy, charge or other monetary imposition to which Pedemonts may become liable incidental to the carriage) damage, death or injury, including loss or damage to Pedemonts’ containers and/or equipment arising out of: (i) the Client’s unreasonable detention of any vehicle container or other equipment of Pedemonts; 
      10. (j) any breach of the Client’s warranties under clause 8.1, including the failure to comply with clause (e). 

9. Conditions of Storage 9.1 Pedemonts will prepare an inventory of Goods received for storage and will ask the Client to sign that inventory. The Client will be provided with a copy of the inventory. If the Client signs the inventory, or does not do so and fails to object to its accuracy within seven (7) days of receiving it from Pedemonts, then the inventory will be conclusive evidence of the Goods received. The inventory will disclose only visible items and not any contents unless the Client ask for the contents to be listed, in which case Pedemonts will be entitled to make a reasonable additional charge. 

9.2 Pedemonts’ storage charges shall be as quoted to the Client for the first twenty-six (26) weeks of storage, after which period Pedemonts may change the storage charges from time to time by giving twenty-eight (28) days written notice to the Client. 

9.3 Pedemonts is authorised to remove the goods from one warehouse or container without any costs to the Client. Pedemonts will notify the Client of the removal in case the Goods are re-located to a new address not less than five (5) days prior the removal (except in an emergency, when such notice will be given as soon as possible). 

9.4 The Client is entitled upon giving reasonable notice to Pedemonts to inspect the Goods in store but a reasonable charge may be made by Pedemonts for this service. 

9.5 Subject to payment for the balance of any fixed or minimum period of storage agreed, the Client may require the Goods to be removed from storage at any time by giving Pedemonts not less than five (5) working days’ notice of the same. If the Client gives Pedemonts less than the required notice then Pedemonts will still use their best endeavours to meet the Clients requirements, but shall be entitled to make a reasonable additional charge for the short notice. 

9.6 The Client agrees to remove the goods from storage within twenty-eight (28) days of a written notice of requirement from Pedemonts to do so. In default, Pedemonts may after fourteen (14) days’ notice to the Client SELL ALL OR ANY OF THE GOODS by public auction or, if that is not reasonably practicable by private treaty and apply the net proceeds in satisfaction of any amount owing by the Client to Pedemonts. 

1. 1. 1. 10. Insurance 10.1 The Client acknowledges that: (a) the Goods are carried and stored at the Client’s risk; and 
      2. (b) neither Pedemonts (or their insurers) accept liability for pot plants, pots, kitset furniture that has not been dismantled, kitset wardrobes, deterioration of deep freeze, refrigerated food, or damage caused by moths, rats, vermin, wear and tear, pre-existing damaged or gradual deterioration, whilst in transit or storage; 
      3. (c) Plasma televisions must be packed in the carton designed for them and it is the client’s responsibility to ensure the arrangement of this. 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

#38673 © Copyright – EC Credit Control 1999 - 2019 

11. Claims 11.1 Notwithstanding clauses 28 and 10, in the event that the Client believes that they have any claim against Pedemonts then they must lodge any notice of claim for consideration and determination by Pedemonts upon delivery and prior to sign off, or for non-delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods. 

11.2 The failure to notify a claim within the time limits under clause 11.1 is evidence of satisfactory performance by Pedemonts of its obligations. 

12. Unpaid Seller’s Rights to Dispose of Goods 12.1 Pedemonts shall have a security interest in any Goods (and any documents relating to those Goods) in the possession or control of Pedemonts for all sums payable by the Client to Pedemonts, and Pedemonts shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the Client. Pedemonts shall be entitled to retain the sums due to it (in addition to the charges incurred in the detention and sale of such Goods or cargo) from the proceeds of sale and shall render any surplus to the entitled person. 

13. Confidentiality 13.1 Each party agrees to treat all information and ideas communicated by the other party confidential and each agrees not to divulge it to any third party, without the other party's written consent. 

13.2 The quotation and the information contained in the quotation or any other schedule provided by Pedemonts to the Client is done so on a “commercial in confidence” basis thereby, the Client agrees not to reproduce or provide said information in any manner to any third party without the prior written approval of Pedemonts. 

13.3 Either party must promptly return or destroy all Confidential Information of the other party in its possession or control at the other party’s request, unless required by law to retain it. 

1. 1. 1. 13.4 Confidential Information excludes information: (a) generally available in the public domain (without unauthorised disclosure under this Contract); or 
      2. (b) required by law, any stock exchange or regulatory body to be disclosed; or 
      3. (c) received from a third party entitled to disclose it; or 
      4. (d) that is independently developed. 
      5. 13.5 The obligations of this clause 13 shall survive termination or cancellation of this Contract. 

14. Personal Property Securities Act 2009 (“PPSA”) 14.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 

14.2 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 Pedemonts for Services – that have previously been supplied and that will be supplied in the future by Pedemonts to the Client. 

1. 1. 1. 1. 14.3 The Client undertakes to: (e) 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 Pedemonts 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; 
         2. (ii) register any other document required to be registered by the PPSA; or 
         3. (iii) correct a defect in a statement referred to in clause 14.3(e)(i) or 14.3(e)(ii); 
         4. (f) indemnify, and upon demand reimburse, Pedemonts 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; 
         5. (g) not register a financing change statement in respect of a security interest without the prior written consent of Pedemonts; 
         6. (h) 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 Pedemonts; 
         7. (i) immediately advise Pedemonts 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. 
         8. 14.4 Pedemonts 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. 
         9. 14.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 
         10. 14.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 
         11. 14.7 Unless otherwise agreed to in writing by Pedemonts, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA. 
         12. 14.8 The Client must unconditionally ratify any actions taken by Pedemonts under clauses 14.3 to 14.5. 
         13. 14.9 Subject to any express provisions to the contrary (including those contained in this clause 14), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 

15. Security and Charge 15.1 In consideration of Pedemonts 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). 

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

15.3 The Client irrevocably appoints Pedemonts and each director of Pedemonts as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf. 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

#38673 © Copyright – EC Credit Control 1999 - 2019 

16. Default and Consequences of Default 16.1 At Pedemont’s sole discretion, 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 Pedemonts’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. 

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

16.3 Further to any other rights or remedies Pedemonts may have under this Contract, if a Client has made payment to Pedemonts, 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 Pedemonts under this clause 16 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. 

1. 1. 1. 16.4 Without prejudice to Pedemonts’ other remedies at law Pedemonts shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Pedemonts shall, whether or not due for payment, become immediately payable if: (a) any money payable to Pedemonts becomes overdue, or in Pedemonts’ opinion the Client will be unable to make a payment when it falls due; 
      2. (b) the Client has exceeded any applicable credit limit provided by Pedemonts; 
      3. (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 
      4. (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client. 

17. Cancellation 17.1 Without prejudice to any other remedies Pedemonts may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Pedemonts may suspend or terminate the supply of Goods to the Client. Pedemonts will not be liable to the Client for any loss or damage the Client suffers because Pedemonts has exercised its rights under this clause. 

17.2 Pedemonts 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 Pedemonts shall repay to the Client any money paid by the Client for the Goods. Pedemonts shall not be liable for any loss or damage whatsoever arising from such cancellation. 

17.3 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 Pedemonts as a direct result of the cancellation (including, but not limited to, any loss of profits). 

18. Privacy Policy 18.1 All emails, documents, images or other recorded information held or used by Pedemonts is Personal Information, as defined and referred to in clause 18.3, and therefore considered Confidential Information. Pedemonts acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Pedemonts acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by Pedemonts that may result in serious harm to the Client, Pedemonts will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law. 

1. 1. 1. 18.2 Notwithstanding clause 18.1, privacy limitations will extend to Pedemonts in respect of Cookies where transactions for purchases/orders transpire directly from Pedemonts’ website. Pedemonts agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s: (a) IP address, browser, email client type and other similar details; 
      2. (b) tracking website usage and traffic; and 
      3. (c) reports are available to Pedemonts when Pedemonts sends an email to the Client, so Pedemonts may collect and review that information (“collectively Personal Information”) 
      4. 18.3 The Client agrees for Pedemonts to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Pedemonts. 
      5. 18.4 The Client agrees that Pedemonts 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 
      6. (b) to notify other credit providers of a default by the Client; and/or 
      7. (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 
      8. (d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years. 
      9. 18.5 The Client consents to Pedemonts being given a consumer credit report to collect overdue payment on commercial credit. 
      10. 18.6 The Client agrees that personal credit information provided may be used and retained by Pedemonts for the following purposes (and for other agreed purposes or required by): (a) the provision of Goods; and/or 
      11. (b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or 
      12. (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or 

In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via Pedemonts’ website. Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

#38673 © Copyright – EC Credit Control 1999 - 2019 

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

1. 1. 1. 18.7 Pedemonts may give information about the Client to a CRB for the following purposes: (a) to obtain a consumer credit report; 
      2. (b) allow the CRB to create or maintain a credit information file about the Client including credit history. 
      3. 18.8 The information given to the CRB may include: (c) Personal Information as outlined in 18.3 above; 
      4. (d) name of the credit provider and that Pedemonts is a current credit provider to the Client; 
      5. (e) whether the credit provider is a licensee; 
      6. (f) type of consumer credit; 
      7. (g) 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); 
      8. (h) 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 Pedemonts has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments); 
      9. (i) information that, in the opinion of Pedemonts, the Client has committed a serious credit infringement; 
      10. (j) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150). 
      11. 18.9 The Client shall have the right to request (by e-mail) from Pedemonts: (a) a copy of the Personal Information about the Client retained by Pedemonts and the right to request that Pedemonts correct any incorrect Personal Information; and 
      12. (b) that Pedemonts does not disclose any Personal Information about the Client for the purpose of direct marketing. 
      13. 18.10 Pedemonts 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. 
      14. 18.11 The Client can make a privacy complaint by contacting Pedemonts via e-mail. Pedemonts 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. 

1. 1. 1. 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; 
      2. (b) by leaving it at the address of the other party as stated in this Contract; 
      3. (c) by sending it by registered post to the address of the other party as stated in this Contract; 
      4. (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; 
      5. (e) if sent by email to the other party’s last known email address. 
      6. 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. 

1. 1. 1. 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 Pedemonts may have notice of the Trust, the Client covenants with Pedemonts 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; 
      2. (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; 
         1. (c) the Client will not without consent in writing of Pedemonts (Pedemonts 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; 
         2. (ii) any alteration to or variation of the terms of the Trust; 
         3. (iii) any advancement or distribution of capital of the Trust; or 
         4. (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 New South Wales, the state in which Pedemonts has its principal place of business, and are subject to the jurisdiction of the Liverpool Courts in New South Wales. 

21.3 Subject to clause 28, Pedemonts 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 Pedemonts of these terms and conditions (alternatively Pedemonts’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods). 

21.4 Pedemonts 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 Pedemonts. 

21.6 Pedemonts 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 Pedemonts’ sub-contractors without the authority of Pedemonts. 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

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21.7 The Client agrees that Pedemonts may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to 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 Pedemonts 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. 

PART II - CARRIAGE TERMS 

22. Nomination of Sub-Contractor 22.1 The Client hereby authorises Pedemonts (if it should think fit to do so) to arrange with a Sub-Contractor for the carriage of any Goods that are the subject of the Contract. Any such arrangement shall be deemed to be ratified by the Client upon delivery of the said Goods to such Sub-Contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as Pedemonts. In so far as it may be necessary to ensure that such Sub-Contractor shall be so entitled Pedemonts shall be deemed to enter into this Contract for its own benefit and also as agent for the Sub-Contractor. 

23. Method of Transport 23.1 If the Client instructs Pedemonts to use a particular method of carriage whether by road, rail, sea or air Pedemonts will give priority to the method designated but if that method cannot conveniently be adopted by Pedemonts the Client shall be deemed to authorise Pedemonts to carry or have the Goods carried by another method or methods. 

24. Route Deviation 24.1 The Client shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of Pedemonts be deemed reasonable or necessary in the circumstances. 

25. Delivery and Collection of the Goods 25.1 Pedemonts is authorised to deliver the Goods at the address given to Pedemonts by the Client for that purpose and it is expressly agreed that Pedemonts shall be taken to have delivered the Goods in accordance with this Contract if at that address Pedemonts obtains from any person a receipt or a signed delivery docket for the Goods. 

1. 1. 1. 25.2 It is the Client’s sole responsibility to: (a) ensure that a full inventory and/job order is supplied to Pedemonts prior to the commencement of the Services and that the Client or the Client’s a representative is present at the time of loading to ensure that all items required to be transported are provided to Pedemonts; and 
      2. (b) provide Pedemonts with accurate delivery instructions and unobstructed access to the nominated address to enable effective delivery and/or ensuring that foot or vehicular traffic is not impeded and that public safety is considered. If delivery cannot be affected by Pedemonts (whether due to obstructed access to the nominated address or otherwise) then Pedemonts at its sole discretion may: 
      3. (c) deposit the Goods in the nearest and safest position to the address, and such action will be deemed to constitute valid delivery; or 
      4. (d) obtain the use of Hiab or other vehicle/equipment, and charge the Client any costs incurred by Pedemonts in so doing; or 
      5. (e) refuse to effect delivery and instead store the Goods, in which case the Client shall be liable for, and shall reimburse Pedemonts for all costs and expenses incurred in connection with such storage. 
      6. 25.3 The Client shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable, including ensuring that the nominated address complies with any works health and safety (WHS) laws and any other relevant safety standards or legislation. 
      7. 25.4 In the event that Pedemonts stores the Goods under clause 25.2(e) then Pedemonts will re-deliver the Goods to the nominated address at a time mutually agreed between the parties. The Client shall be liable for any costs incurred by Pedemonts in both the initial delivery and the re-delivery. 
      8. 25.5 If the Client requests Pedemonts upon delivery: (a) to make delivery of the Goods to a subsequent address, then Pedemonts may, at their sole discretion, charge the Client the additional costs associated with doing so; 
         1. (b) to assist in unloading the Goods (either by hand or through the use of any machinery, including forklifts) then Pedemonts shall only do so at their sole discretion, and: (i) Pedemonts may charge the Client the additional costs associated with doing so; 
         2. (ii) the Client acknowledges that they accept full liability for all property loss or damage, or injury to any person that may result from the actions of Pedemonts in providing such assistance; and 
         3. (iii) notwithstanding that Pedemonts may refuse such assistance without any liability to the Client whatsoever should they believe that the risk in providing such assistance is unacceptable. 
         4. 25.6 The Client will be and shall remain responsible to Pedemonts for all its proper charges incurred for any reason. A charge may be made by Pedemonts in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of Pedemonts. Such permissible delay period shall commence upon Pedemonts reporting for loading or unloading. Unless specified in Pedemonts’ quotation, labour to load or unload the Goods shall be the responsibility and expense of the Client. 
         5. 25.7 Pedemonts may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this Contract. 
         6. 25.8 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery for the purposes of this Contract. 
         7. 25.9 Any time specified by Pedemonts for delivery of the Services is an estimate only and Pedemonts will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that Pedemonts is unable to supply the 

Pedemont Furniture Transport Pty Ltd T/A Pedemonts – Terms & Conditions of Trade 

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Services as agreed solely due to any action or inaction of the Client then Pedemonts shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date. 

26. Freight Forwarding 26.1 Except to the extent that any of the Services shall be actually performed by Pedemonts, Pedemonts shall act as a forwarding agent only. 

26.2 Pedemonts shall be entitled, to enter into contracts on behalf of and as agent for the Client and without notice to the Client, for the carriage of the Goods by any route, means and carrier, for the storage, packing, trans-shipment, unloading, loading or handling of Goods by any person at any place and for any length of time, and for such other matters as in the opinion of Pedemonts may be necessary or desirable to the performance of the Services. 

26.3 The Client hereby appoints Pedemonts, the agent of the Client for the purpose of entering into any contract, upon such terms and conditions, as Pedemonts may in its absolute discretion think fit. The Client shall be bound by the terms of any consignment note, air waybill or other contractual document which Pedemonts may receive for the Goods, or for any package, unit or container in which the Goods may be packed, whether by the Client, Pedemonts, or any other person. 

27. Consignment Note 27.1 It is agreed that the person delivering any Goods to Pedemonts for carriage or forwarding is authorised to sign the consignment note for the Client. 

28. Loss Or Damage 28.1 Subject to the conditions of warranty set out in clause 28.3 Pedemonts guarantees that if any damage caused ,and verified by Pedemonts, to the Goods or property of the Client and is reported to Pedemonts immediately on pick up or delivery of the Goods then Pedemonts will, at Pedemonts’ own cost, repair the Goods or property. 

28.2 Where Pedemonts is unable to repair any damage Pedemonts may, at its sole discretion, compensate the Client for any damage to the Goods or property, by paying the Client the value of the damaged Goods or property (which shall be calculated based on the condition of the Goods prior to the damage occurring). In the event Pedemonts and Client cannot agree on the amount of compensation, the Goods shall be assessed by an independent valuer and the valuer’s assessment as to the pre-damage value of the Goods shall become the binding amount of compensation payable. 

1. 1. 1. 28.3 The conditions applicable to the warranty given by clause 28.1 are: (a) the Client must, prior to the commencement of the removal or storage, give Pedemonts written notice of any Goods which are of a fragile or brittle nature and which are not readily apparent as such, or which comprise jewellery, precious objects, works of art, collections of items or precision equipment in any case having a value in excess of one thousand dollars ($1,000.00); and 
      2. (b) the Client or the Client’s representative must be present at all times during the loading and unloading of the Goods; and 
      3. (c) damaged Goods must be left as they are found with no further unpacking of the container in which the Goods are located; and 
      4. (d) the guarantee shall cease and Pedemonts shall thereafter in no circumstances be liable under the terms of the guarantee where damaged Goods have: 
      5. (e) either not been pre-packed or carted by Pedemonts; 
      6. (f) repaired by the Client or a third party not authorised by Pedemonts. 
      7. (g) where the damaged Goods are part of a set, pair, suite or collection, repair or compensation of the Goods shall extend only to the proportionate part of the set, pair, suite or collection, regardless of any special value the damaged portion may have as part of the set, pair, suite or collection. 
         1. (h) the guarantee shall exclude: (i) identified risk Goods: where a pre-existing condition affects the Goods, or a particular direction or instruction given by the Client, contravenes Pedemonts’ normal workmanship standards so that damage to the Goods may be unavoidable; 
         2. (ii) unknown risk: where damage arises from unknown or unseen conditions, or are due to hidden or unidentifiable difficulties beyond the reasonable control of Pedemonts (e.g. an inherent fault in the Goods or property that is not immediately obvious); 
         3. (iii) unavoidable risk: where moving Goods (including, but not limited to, pot plants, chipboard, ikea furniture, stone or marble Goods, or fish tanks) can cause unavoidable damage due to the nature of the Goods; 
         4. (iv) electrical Goods: internal damage to electrical Goods where no external damage has been caused by Pedemonts; 
         5. (v) Client packed Goods: as per clause 8. 
         6. (i) the guarantee shall not apply where any and all payment due to Pedemonts by the Client has been withheld for any reason or is not paid by clear funds. 
         8. 28.4 Pedemonts shall not be responsible or liable for any other loss whatsoever (including, but not limited to, consequential loss of value) suffered by the Client as a result of the damage to, or repair of, the Goods. 
         9. 28.5 Where damage to the Goods relates to, or arises from, the collision or overturning of Pedemonts’ vehicle, or any act of God, war, terrorism, fire, flood, storm or other event beyond the reasonable control of Pedemonts, the Client shall be compensated only within the ambit of the insurance amount received by Pedemonts. 
         10. 28.6 Notwithstanding the above clauses 28.1 to 28.5 nothing in those clauses is intended to have the affect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable. 

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