1. Definitions
In these conditions:
“ACL” means the Australian Consumer Law Schedule to the Completion and Consumer Act;
“Agreement” means any agreement for the provision of goods or services by COREMATIC to the Customer;
“consumer” is as defined under the ACL and in determining if the Customer is a consumer, the determination is made if the Customer is a consumer under the agreement;
“Customer” means a person jointly and severally if more than one, acquiring goods or services from COREMATIC;
“COREMATIC” means, COREMATIC PTY LTD (ACN 627 247 616) of 4 / 26 Navigator Place, Hendra, Queensland 4011;
“goods” means all goods supplied by COREMATIC to the Customer including those goods subject to a Project as well as other spare parts, components, and equipment.
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
“Intellectual Property” means all copyright, patents, trademarks, designs, specifications, confidential information, manufacturing processes and all modifications, improvements and derivations (whether registrable or not) owned or licenced by COREMATIC in respect of the goods and services;
“PPSA” means the Personal Property Securities Act 2009 as amended;
“Price List” means the price list issued by COREMATIC from time to time;
“Project” means the installation of goods where COREMATIC personnel are engaged in the installation and commissioning;
“services” means services supplied by COREMATIC to the Customer;
“Terms” means these Terms and Conditions of Sale; and
“Testing” means the running of any goods for the purposes of adjustment, set up, alignment or commissioning of the goods supplied.
2. Basis of Agreement
Unless otherwise agreed by COREMATIC in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other conditions, including the Customer’s terms and conditions of purchase (if any
2.2 Any quotation provided by COREMATIC to the Customer for the proposed supply if goods or services is:
a. valid for 60 days;
b. an invitation to treat only;
c. only valid if in writing.
2.3 In case of inconsistencies between these Terms and an order specific term or condition set forth in the Agreement (including but not limited to COREMATIC’s quotation when part of the Agreement), the Agreement shall prevail.
2.4 An Agreement is accepted by COREMATIC when COREMATIC accepts, in writing or electronic means,
an offer from the Customer or provides the Customer with the goods or services.
2.5 COREMATIC has absolute discretion to refuse to accept any offer.
2.6 The Customer must provide COREMATIC with its specific requirements, if any, in writing in relation to the goods and services.
2.7 COREMATIC may vary or amend these Terms by written notice to the Customer at any time. Any variations or amendments will apply to orders placed after the notice date.
3. Pricing
3.1 Prices quoted, whether in the Price List, by written quotation or verbally, for the supply of goods and services exclude GST and any other taxes or duties imposed on or in relation to the goods and services. In addition to payment of the price of goods and services, the Customer must pay any GST and any other taxes or duties imposed on the goods and services.
3.2 Prices are quoted Ex Works INCOTERMS 2020 unless otherwise stated in writing.
3.3 If the Customer requests any variation to the Agreement, COREMATIC may increase the price and adjust other terms such as the time of delivery to account for the variation.
3.4 Where there is any change in the costs incurred by COREMATIC in relation to the goods or services, COREMATIC may vary its price for the goods or services in order to take account of any such change, by notifying the Customer.
4. Payment Penalties
4.1 Subject to clause 4.2 and unless otherwise in writing:
a. Where the Agreement is for services only, full payment must be made within 7 days of the date COREMATIC’s invoice is raised;
b. Agreements for goods only will, at COREMATIC’s sole discretion, be invoiced in instalments being:
i. 30% of the value on acceptance of the order by COREMATIC payable within 7 days of the date of the invoice or prior to delivery, whichever is the sooner; and
ii. 70% on delivery to the Customer and payable within 7 days of the date of the invoice;
c. Agreements for goods and services that are valued at less than $10,000 will be invoiced in full on acceptance of the order by COREMATIC, the payment for which must be made within 30 days of the date COREMATIC’s invoice is raised or prior to delivery, whichever is the sooner;
d. Agreements for goods and services that are valued equal to or greater than $10,000 will, at COREMATIC’s sole discretion, be invoiced in instalments being:
i. 30% of the value on acceptance of the order by COREMATIC;
ii. 60% of the value on delivery of the goods to the Customer; and
iii. 10% of the value on acceptance or takeover by the Customer or 30 days from delivery, whichever is the sooner;
all invoices being payable 7 days from the date of the invoice.
4.2 COREMATIC reserves the right to require payment in full on delivery of the goods or completion of the services.
4.3 Payment terms may be revoked or amended at COREMATIC’s sole discretion immediately upon giving the Customer written notice.
5. Payment Default
5.1 If the Customer defaults in payment by the due date of any amount payable to COREMATIC, then all money which would become payable by the Customer to COREMATIC at a later date on any account becomes immediately due and payable without the requirement of any notice to the Customer, and COREMATIC may, without prejudice to any of its other accrued or contingent rights:
a. charge the Customer interest on any sum due at the prevailing rate pursuant to the Taxation Administration Act 2001 (QLD) plus 2 per cent for the period from the due date until the date of payment in full;
b. charge the Customer for, and the Customer must indemnify COREMATIC from, all costs and expenses (including without limitation all legal costs, collection agency costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any goods;
c. cease or suspend supply of any further goods or services to the Customer; and
d. by written notice to the Customer, terminate any uncompleted contract with the Customer.
5.2 Clauses 5.1(c) and (d) may also be relied upon at COREMATIC’s option:
a. where the Customer is a natural person and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
b. where the Customer is a corporation and, it enters into any scheme of arrangement or any assignment or composition with or for the benefit of its creditors or any class of its creditors generally, or has a liquidator, administrator, receiver or manager or similar functionary appointed in respect of its assets, or any action is taken for, or with the view to, the liquidation (including provisional
liquidation), winding up or dissolution without winding up of the Customer.
6. Passing of Property
6.1 Until COREMATIC receives full payment in cleared funds for all goods and services supplied by it to the Customer, as well as all other amounts owing to COREMATIC by the Customer:
a. title and property in all goods remain vested in COREMATIC and do not pass to the Customer;
b. the Customer must hold the goods as fiduciary bailee and agent for COREMATIC;
c. the Customer must keep the goods separate from its goods and maintain COREMATIC’s labelling;
d. the Customer must hold the proceeds of sale of the goods on trust for COREMATIC in a separate account with a bank to whom the Customer has not given security, however failure to do so will not affect the Customer's obligation as trustee;
e. in addition to its rights under the PPSA, COREMATIC may without notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of COREMATIC, and for this purpose, the Customer irrevocably licences COREMATIC to enter such premises and also indemnifies COREMATIC from and against all costs, claims, demands or actions by any party arising from such action.
7. Personal Property Securities Act
7.1 Notwithstanding anything to the contract contained in these Terms, the PPSA applies to these Terms.
7.2 For the purposes of the PPSA:
a. terms used in clause 7 that are defined in the PPSA have the same meaning as in the PPSA;
b. these Terms are a security agreement and COREMATIC has a Purchase Money Security Interest in all present and future goods supplied by COREMATIC to the Customer and the proceeds of the goods;
c. the security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at any particular time; and
d. the Customer must do whatever is necessary in order to give a valid security interest over the goods which is able to be registered by COREMATIC on the Personal Property Securities Register.
7.3 The security interest arising under this clause 7 attaches to the goods when the goods are collected or dispatched from COREMATIC premises and not at any later time.
7.4 Where permitted by the PPSA, the Customer waives any rights to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA. 7.5 To the extent permitted by the PPSA, the Customer agrees that:
a. the provisions of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on COREMATIC will apply only to the extent that they are mandatory or COREMATIC agrees to their application in writing; and
b. where COREMATIC has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply. 7.6 The Customer must immediately upon COREMATIC request:
i. do all things and execute all documents necessary to give effect to the security interest created under this Agreement; and
ii. procure from any person considered by COREMATIC to be relevant to its security position such agreements and waivers (including as equivalent to those above) as COREMATIC may at any time require.
7.5 COREMATIC may allocate amounts received from the Customer in any manner COREMATIC determines, including in any manner required to preserve any Purchase Money Security Interest it has in goods supplied by COREMATIC.
8. Risk and Insurance
8.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to the Customer according to the applicable INCOTERM rule. The Customer shall bear the risk for goods in transit according to the applicable INCOTERM rule, also in case of a system delivery.
8.2 The goods are sold to the Customer on the basis that the Customer has obtained all necessary licenses or permits under all relevant laws and regulations in relation to the goods.
8.3 The Customer assumes all risk and liability for loss, damage, or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the goods sold by COREMATIC, unless recoverable from COREMATIC on the failure of any statutory guarantee under the ACL.
9. Acknowledgments
9.1 The Customer acknowledges that:
a. it has not relied on any service involving skill and judgement or on any advice, recommendation, information or assistance provided by COREMATIC in relation to the goods or services or their use or application;
b. it has not made known, either expressly or by implication, to COREMATIC any purpose for which it requires the goods or services, and it has the sole responsibility of satisfying itself that the goods or services are suitable for the Customer's use (unless such use is explicitly provided for in writing in the agreed technical specification); and
c. it must provide to COREMATIC full particulars of its requirements, including but not limited to, its ABN, order number, quantity and quotation reference and any options required, delivery date, delivery address, insurance instructions and freight instructions, before COREMATIC will accept any order.
10. Performance of Agreement
10.1 Any period or date for delivery of goods or provision of services stated by COREMATIC is an estimate only and not a contractual commitment.
10.2 COREMATIC will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
10.3 If COREMATIC cannot complete the services by any estimated date, it will complete the services within a reasonable time.
10.4 A completed driver's manifest or delivery docket whether signed by the driver or by the Customer or its employee or agent will be proof of delivery of goods invoiced.
10.5 The Customer shall be deemed to have accepted/taken over the goods and services upon delivery/compliance with COREMATIC acceptance test protocol (as the case may be), and minor defects that do not affect their use for the agreed purpose shall not delay either acceptance / take over or the terms of payment.
11. Pre-Delivery or Pre-Acceptance Testing and Inspection
11.1 Upon delivery of goods at the COREMATIC factory or at
an installation site (should this be part of the Agreement) COREMATIC shall notify the customer in writing, of the readiness of goods for inspection.
11.2 The Customer will notify in writing to COREMATIC a date acceptable to both parties for acceptance tests to take place.
11.3 Within ten (10) days after notification of readiness for inspection the Customer will accept the work or notify COREMATIC in writing of anything believed to be required to be done to make the goods acceptable and will trigger the invoicing process as referred to in Section 4 of the Terms or specified in any other COREMATIC Agreement.
11.4 Unless otherwise agreed, failure to provide written notification of work to be undertaken in order to comply with the agreed specification will be deemed to constitute acceptance and will trigger the invoicing process as referred to in Section 4 of the Terms or specified in any other COREMATIC Agreement.
11.5 It is understood that:
a. if the work conforms with the specification agreed at the time of placing the order by the Customer the work will be accepted by the customer without variance to the specification.
b. Any commercial use by the Customer or the Customer's assignee of the goods or work (other than by way of Testing) will be deemed to constitute an acceptance by the Customer of the goods or work.
12. Delivery
12.1 The goods will be delivered in accordance with the applicable INCOTERM rule.
12.2 The Customer will inform COREMATIC of all necessary details so that COREMATIC can affect the delivery of the goods according to the applicable INCOTERM rule.
12.3 Unless otherwise agreed in writing, the Customer will be responsible for all costs associated with delivery, including any special packaging, or required crating, freight, insurance and other charges arising from the point of despatch of the goods to the Customer to the point of delivery.
12.4 If COREMATIC is responsible for the delivery, the Customer must provide reasonable and proper access to the location specified for delivery.
12.5 If COREMATIC is responsible for the delivery, any extra carrier charges due to difficult access, wrong
instructions provided by the Customer or frustrated delivery will be charged to the Customer at cost plus a 10% service fee plus GST charged by COREMATIC.
12.6 COREMATIC’s obligation to deliver goods shall be satisfied by:
a. the delivery by COREMATIC of the quantity of goods ordered; or
b. if delivery is by instalments, by the delivery of the quantity of goods to be delivered in each instalment (+/- 10%).
12.7 The Customer shall only be required to pay for the actual quantity of the goods delivered by COREMATIC.
12.8 If COREMATIC is responsible for the delivery and if COREMATIC does not receive forwarding instructions sufficient to enable it to dispatch the goods within 14 days of notification that the goods are ready, the Customer shall be deemed to have taken delivery of the goods from such date. The Customer shall be liable for storage charges payable monthly on demand.
12.9 Where it is necessary for COREMATIC to deliver the goods in other than a fully assembled condition (which will be stated in the quotation), the cost and responsibility of assembly and installation will fall to the Customer.
12.10 The Customer shall indemnify COREMATIC against any loss or damage suffered by COREMATIC, its sub-contractors or employees as a result of delivery, except where the Customer is a consumer and COREMATIC has not used due care and skill.
12.11 The Customer must advise COREMATIC in writing within seven (7) days of receipt of the goods:
a. if there is damage to the goods or the packing;
b. that the wrong goods have been received;
c. that the quantity of the goods is incorrect; or
d. the goods do not meet specifications.
12.12 The Customer must advise COREMATIC in writing within twenty-one (21) days of dispatch or receipt of invoice of:
a. failure to receive the goods; or
b. total loss of the goods.
13. Installation etc
13.1 When work on the Customer’s nominated site is undertaken by COREMATIC the Customer will provide:
a. safe and easy access to the site for delivery of
plant and materials together with offloading facilities;
b. a clear, secure and level site with sufficient space adjacent for the placing of materials;
c. the necessary foundations and cover over the site to protect materials and construction work;
d. free use of water, light, compressed air, power and any lifting gear necessary in connection with the installation of materials supplied, the Customer undertaking all filling in or making good of floors, roofs and provision of cover plates over inspection pits and other engineering work including removal of rubbish;
e. health and safety facilities, which may be required by law, or under regulations current from time to time for employees or contractors of COREMATIC while they are engaged at the Customer's nominated premises in the performance of the Agreement; and
f. all service connections for fuel, electricity, air, water and drains, both to the main plant and auxiliary equipment.
13.2 In the event that the Customer shall fail to produce the facilities or services specified above, then any extra costs incurred by COREMATIC will be paid for by the Customer.
13.3 The Customer will provide sample products to COREMATIC at no charge, for design and development, system testing and acceptance.
13.4 Except to the extent of any liability imposed under the ACL, the Customer will indemnify COREMATIC in respect of all claims made or proceedings taken against COREMATIC by any third party in respect of personal injury or damage to property (including damage as a result of fire or explosion) caused by or arising out of the goods or the installation thereof in any manner whatsoever except to the extent that it results from the negligence of COREMATIC, its officers, contractors or employees.
13.5 All persons provided by the Customer to assist COREMATIC will in all respects remain employees of the Customer.
13.6 Unless otherwise stated in writing by COREMATIC, a sufficient area of work will be made available by the Customer to ensure reasonable continuity of the installation and any cost of standing time due to delays
in the preparation of the site or its availability will be paid for by the Customer.
13.7 COREMATIC is entitled to appoint one or more sub-contractors to carry out all or any of its obligations.
14. Returns
14.1 Subject to clause 14.2 and 14.4, if the Customer has not complied with clause 11.3, 12.12 or 12.13 and the Customer is deemed to have accepted the goods, COREMATIC will not be liable for any shortages, damage or non-compliance with the specifications in the Agreement.
14.2 When any shortages, claim for damaged goods or non-compliance with the Agreement specifications is accepted by COREMATIC, COREMATIC may, at its options replace the goods or refund the price of the goods.
14.3 Subject to clause 14.4, goods, other than faulty goods, may only be returned to COREMATIC:
a. if the request to return is made in writing to COREMATIC, stating the reason for the requested return;
b. if the goods are not customised in any way or produced to a Customer specification;
c. with the prior written consent of COREMATIC;
d. if the Customer pays for all transport and handling costs to COREMATIC’s warehouse;
e. if the goods are accompanied by a copy of the original delivery docket or copy of invoice;
f. on the acceptance of the application of a restocking and handling charge, such charge being no greater than 30% of the invoice value, except where the wrong goods were delivered by COREMATIC, in which case there will be no restocking or handling charge; and
g. if the goods are in an undamaged or unsoiled condition and in the original packaging, unless with the prior written consent of COREMATIC.
14.4 If the Customer is a consumer, nothing in this clause 14 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
15. Liability
15.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in
respect of the quality, acceptability, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
15.2 If the Customer is a consumer nothing in these Terms restricts, limits or modifies the COREMATIC for failure of a statutory guarantee under the ACL.
15.3 Subject to clause 15.4, if the Customer on-supplies the goods to a person who is a consumer or uses up or transforms the goods in the course of trade and:
a. the goods or services are not of a kind
ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of COREMATIC’s liability to the Customer;
b. the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, then payment of any amount required under section 274 of the ACL is the absolute limit of COREMATIC’s liability to the Customer; howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.
15.4 If:
a. the Customer uses up or transforms the goods in the course of trade, and when the Customer supplies its own goods to a consumer the goods are no longer "goods" as defined under the ACL; or
b. clauses 15.2 or 15.3 do not apply, then other than as stated in the Terms or any written warranty statement; COREMATIC will not be liable to the Customer or the consumer in any way arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods or services by the Customer or any third party.
15.5 COREMATIC s is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
15.6 COREMATIC will not be liable for any loss or damage suffered by the Customer where COREMATIC has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.
15.7 Nothing in the Terms is to be interpreted as excluding,
restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
16. Cancellation
16.1 If COREMATIC is unable to deliver or provide the goods or services, then it may cancel the Customer's order (even if it has been accepted) by written notice to the Customer.
16.2 No purported cancellation or suspension of an order or any part thereof by the Customer is binding on COREMATIC once the order has been accepted.
16.3 COREMATIC, in its absolute discretion may review, alter or terminate the Customer’s credit limit or payment terms without notice.
16.4 If the Customer cancels the order after acceptance by COREMATIC, then COREMATIC will charge for materials obtained and or work done costs incurred and loss of profit or be entitled to damages for breach of contract.
17. Specifications
17.1 All specifications, drawings, illustrations descriptive matter and particulars contained in COREMATIC’s catalogues, website and marketing documents are indicative only.
17.2 COREMATIC reserves the right to make minor modifications to its goods without notice to the Customer and deliver such modified goods against any existing order unless such right is waived by COREMATIC in writing to the Customer.
18. Warranty
18.1 Where you are a consumer: "Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
18.2 The benefits of this warranty in clause 18 are in addition to any rights and remedies imposed by Australian State and Federal legislation that cannot be excluded. Nothing in this warranty is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of goods and services which cannot be excluded, restricted or modified.
18.3 Subject to the remainder of this clause 18:
a. COREMATIC, in its reasonable discretion if it deems necessary, will repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that the goods may have acceptable variance;
b. the provision of any replacement parts will be at COREMATIC’s cost;
c. any replaced or repaired goods will only be warranted for the unexpired portion of the warranty period attached to the original goods;
d. COREMATIC reserves the right to replace defective components of the goods with parts and components of similar quality, grade, and composition where an identical part or component is not available; and
e. goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired and refurbished parts may be used to repair the goods.
18.4 The Customer must immediately contact COREMATIC at the contact address listed in clause 18.13 with full details of the alleged defect in the event of any potential warranty matters or claims, with failure to do so possibly voiding the warranty.
18.5 The Customer must make the goods available to COREMATIC, or its representative at its option, for inspection and testing. If such inspection and testing find no defect in the goods, the Customer must pay COREMATIC’s usual costs of service work, evaluation, and testing.
18.6 The Customer must bear the cost of the transport of the goods to and from COREMATIC, or its representative, to make the warranty claim and all insurance of the goods.
18.7 Provision of the Warranty is subject to:
a. the Customer not being in breach of this or any Agreement;
b. where COREMATIC is not engaged for a Project, no longer than 12 months having elapsed from the date of dispatch of the goods from COREMATIC warehouse; or the provision of the services, or in the case of the goods being sourced from third party suppliers, no longer than the warranty period provided by the third party, whichever is the shorter;
c. where clause (b) above does not apply, no longer than 12 months have elapsed
from the date of the completion and acceptance of a Project by the Customer during which time only COREMATIC has attended to warranty issues in accordance with clause (d) below;
d. the Customer has not repaired the goods in an unauthorised manner or altered the goods in any way;
e. the Customer using and maintaining the goods in accordance with COREMATIC’s instructions and in accordance with commonly accepted operating practices;
f. the correct storage, siting and installation of the goods in accordance with COREMATIC’s instructions; and
g. any returned parts or goods become the property of COREMATIC.
18.8 The Warranty excludes:
a. damage or alteration to the goods arising from circumstances outside the control of COREMATIC, including, without limitation, power surges, where the goods are not used for their intended purpose, or where goods or any part of them have been changed in any manner;
b. the failure of goods that have been manufactured to a Customer’s specification or design where the failure was caused by a Customer specification or design fault;
c. any third-party equipment that the Customer might have specified.
18.9 The Customer warrants to:
a. use the goods in accordance with any instructions provided to it by COREMATIC from time to time;
b. apply for all registrations, licences, certifications and planning permits in relation to the goods and the installation of the goods if required by any government or industry authority and that it will apply for such registrations, licences, certifications and planning permits at its cost;
c. use the goods in accordance with all government and local regulations, including but not limited to all relevant permits, environmental laws and regulations governing the use, handling and maintenance of the goods;
d. take all necessary and appropriate precautions and safety measures relating to the storage, installation, use, handling, and maintenance of the goods.
18.10 In the case of goods not manufactured by COREMATIC but are sourced from third parties, this Warranty will not operate to extend the terms of the original manufacturer of those goods.
18.11 COREMATIC makes no express warranties or representations other than those set out in this warranty.
18.12 The repair or replacement of the goods or part of the goods is the absolute limit of COREMATIC liability under this express warranty.
18.13 COREMATIC PTY LTD's contact details are:
4/26 Navigator Place
Hendra
QUEENSLAND 4011
Email: info@corematic.com.au
19. Exhibitions
19.1 The Customer must not remove any COREMATIC branding unless it has obtained COREMATIC’s prior written consent.
20. Miscellaneous
20.1 The law of Queensland from time to time governs the Terms.
The parties agree to the non-exclusive jurisdiction of the courts of Queensland, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
20.2 COREMATIC’s failure to enforce any of these Terms shall not be construed as a waiver of any of COREMATIC’s rights.
20.3 If a clause is unenforceable, it must be read down to be enforceable or, if it cannot be read down, the condition must be severed from the Terms without affecting the enforceability of the remaining conditions.
20.4 A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email or facsimile are deemed received
on confirmation of successful transmission.
22. Privacy
22.1 COREMATIC is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed, and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to COREMATIC in accordance with the Privacy Act.
22.2 The Customer must comply with the National Privacy Principles in connection with any personal information supplied to it in connection with this Agreement.
