Terms and conditions

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DEFINITIONS & INTERPRETATION
1. In these terms and conditions the following words and phrases shall have the following meanings:
  "Agreement" shall mean the agreement comprised in any order for Goods and/or Services placed by the Customer with the Company together with these terms and conditions.
  "Company" means Australian Grain Treatments Pty Ltd (ABN 47 086 277 143).
  "Consideration" shall mean the Consideration referred to in Clause 3.
  "Confirmation of Order" shall mean the Confirmation of Order forwarded by the Company to the Customer confirming details of any Goods and/or Services ordered by the Customer from the Company".
  "Customer" means the party who orders Goods and/or Services from the Company.
  "Date for Payment for Goods" shall mean the Date for Payment specified in the Confirmation of Order.
  "Date for Payment for Services" shall mean the Date for Payment specified in the Confirmation of Order.
  "the Goods" shall mean any goods provided by the Company to the Customer including goods supplied together with Services.
  "Order" shall mean any order for Goods an/dor Services placed by the Customer with the Company.
  "Party" or "Parties" shall mean the parties to this Agreement and may be used inter-changeably.
  "Place of Delivery" shall mean the place of delivery specified in the Confirmation of Order.
  "Place of Provision of Services" shall mean the Place of Provision of Services specified in the Confirmation of Order.
  "Services" shall mean all services provided by the Company to the Customer including services supplied together with Goods.
  "Sub-Contractor" shall include any person who pursuant to a contract or arrangement with any other person (whether or not the Company) supplies or agrees to supply the Goods and/or the Services or any part thereof.
  "Storage Charge Rates" shall mean the Storage Charge Rates (if any) agreed between the Company and the Customer.
  "Vessel" shall mean the vessel specified in the Confirmation of Order.
2. Words importing the singular include the plural and vice versa.
3. Words importing a gender include any gender.
4. An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental authority or agency.
5. A reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued pursuant to that statute.
6. A reference to a Party includes that Party's executors, administrators, substitutes, successors and permitted assigns.
7. A covenant or agreement on the part of two or more persons binds them jointly and severally.
TERMS OF SUPPLY OF GOODS & /OR SERVICES
Any Goods and/or Services supplied by the Company to the Customer shall be supplied on the terms and conditions contained herein.
CONSIDERATION
In consideration of the Company providing the Goods and/or Services to the Customer the Customer shall pay to the Company the Consideration referred to or calculated as set out in the Confirmation of Order.
COMPANY'S QUOTATIONS
Unless previously withdrawn by the Company, any quotation(s) provided by the Company shall remain valid for the period stated therein or, when no period is so stated for a period of seven (7) days only after the date of the relevant quotation(s). Quotations shall only be valid if in writing identified by number and duly executed by a duly authorised officer of the Company. The Company reserves the right to refuse any order based on any quotation(s) issued by it.
TERMS OF PAYMENT
1. Payment in full for the Goods shall, unless otherwise agreed between the Parties, be made by the Customer on the Date for Payment for Goods.
2. Notwithstanding the provisions of Sub-Clause (a) hereof the Company shall be entitled to withhold delivery of the Goods unless payment in advance is made by the Customer.
3. Payment in full for the Services shall unless otherwise agreed between the Parties be made by the Customer on the Date for Payment for Services.
4. Notwithstanding the provisions of Sub-Clause (c) hereof the Company shall be entitled to withhold provision of the Services unless payment in advance is made by the Customer.
5. In the event that the Customer does not pay for the Goods and Services in full in accordance with this Clause then any amounts unpaid shall attract interest at the rate of one point five per centum (1.5%) per month from the date that such payment or payments is or was due up to and including the date or dates that payment is actually received by the Company.
6. All amounts payable by the Customer to the Company pursuant to this Agreement shall be paid without deduction and the Customer shall not be entitled to retain or defer payment of any monies due by it to the Company on account of any dispute, counter claim or set-off which it may allege against the Company.
CESSATION OF SUPPLY OF GOODS & SUSPENSION OF SERVICES
In the event that the Customer refuses and/or fails to pay to the Company any monies due to the Company then the Company may immediately cease supplying Goods and/or suspend any Services being provided by it to the Customer without prejudice to any other rights that it may have against the Customer.
PACKING
The cost of any special packing and packing materials used in relation to the Goods (if any) shall be at the Customer's expense notwithstanding that such costs may not have been included in any quotation(s).
SHORTAGE
The Customer waives any claim for short delivery of any Goods if a claim with respect thereto is not lodged by the Customer with the Company within seven (7) days from the date when the Goods should have been received by the Customer.
ACCURACY OF SPECIFICATIONS
The Customer warrants the accuracy of all specifications, drawings, particulars, weights and dimensions submitted by it or its servants or agents to the Company including without limiting the generality of the foregoing details of the Vessel and/or any premises to which or at which the Goods and/or Services are to be supplied and details of the cargo and/or product on that Vessel or at those premises and shall indemnify, keep indemnified and hold harmless the Company and its servants, agents and sub contractors from and against all actions, suits, claims, demands, losses and damages whatsoever including consequential loss and damage and liabilities suffered or incurred by the Company arising out of any breach by the Customer of the warranty contained herein.
QUALITY OF GOODS
The Company does not make any representations or give any warranties regarding the quality of the Goods including without limiting the generality of the foregoing the quality of any fumigants and/or pest control related products and any obligations of the Company to the Customer in this regard shall be limited to assigning (if assignment is possible) to the Customer any rights that the Company may have against the manufacturer or manufacturers of the Goods including fumigants and/or pest control related products.
GUIDELINES & REQUIREMENTS
1. Any Services by way of fumigation shall be undertaken in accordance with the guidelines set by the International Maritime Organisation's (IMO) Recommendations on the Safe Use of Pesticides in Ships, 1996 Edition.
2. The Company shall also comply with the requirements of the Australian Maritime Safety Authority.
WRITTEN PROCEDURES
The Company shall provide the Master of the Vessel with written procedures outlining information required for an in-transit fumigation and necessary safety precautions including the Company's Fumigation In-Transit Safety Monitoring and Ventilation Requirements and Procedures which shall annex, amongst other things:
1. IMO Recommendations on the Safe Use of Pesticides in Ships, 1996 Edition;
2. Medical First Aid Guide for Use in Accidents Involving Dangerous Goods; and
3. Australian Pesticides & Veterinary Medicines Authority Permit.
PERFORMANCE
Any information or data with respect to the performance, effect and/or capacity of Goods and/or Services provided by the Company are estimates of performance, effect and/or capacity only and the Company shall not be under any liability to the Customer with respect to any failure of the Goods and/or Services to achieve such performance, effect and/or capacity unless specifically guaranteed in writing by the Company. Any descriptions, illustrations or details of performance, effect and/or capacity contained in catalogues, price lists or any advertising material shall not form part of this Agreement and shall not be taken as representations by the Company and shall not be binding upon it.
NO GUARANTEE CONCERNING LIVE INSECTS
1. Whilst the Company will use its best endeavours to provide Services by way of fumigation in accordance with the guidelines and requirements set out in Clause 11 and the written procedures set out in Clause 12 the Company does not give any guarantee that such fumigation will result in live insects not being detected on the Vessel or in the cargo on the Vessel at any discharge port.
2. The Company does not make any representations or give any warranties that the Vessel or the premises at which the Services are provided or the cargo will be free from live insects or infestation after provision of the Services and the Customer expressly acknowledges and agrees that insects can become resistant to fumigation and treatment by insect control products and may not be affected by such fumigation or treatment by insect control products.
DATE FOR DELIVERY OF GOODS/SUPPLY OF SERVICES
Any details of date(s) for delivery of the Goods and/or supply of Services which are provided by the Company to the Customer shall be deemed to be estimates only and the Company shall not under any circumstances be liable for any loss, damage, delay or consequential losses occasioned to the Customer arising out of or in any way relating to late or non-delivery of the Goods and/or late or non-supply of the Services.
PLACE OF DELIVERY
1. Provided that the Customer complies with the provisions of this Clause the Company shall deliver the Goods to the Customer at the Place of Delivery and/or supply the Services to the Purchaser at the Place of Provision of Services.
2. The Customer shall be solely responsible to ensure that:
  1. there is sufficient, adequate and safe access to the Place of Delivery to enable the Goods to be safely and properly delivered to the Place of Delivery;
  2. there is sufficient, adequate and safe access to the Place of Delivery of Services to enable the Services to be safely and properly supplied;
  3. any approvals, licences and/or consents necessary in order for the Company to gain access to the Place of Delivery, deliver the Goods to be Place of Delivery, leave the Goods at the Place of Delivery and/or supply the Services at the Place of Provision of Services have been obtained.
PARTICULAR PROVISIONS IN RELATION TO FUMIGATION & PEST CONTROL
1. The Company will supply the Goods and/or the Services on the basis of information provided by the Customer to the Company.
2. The Company will use its best endeavours to advise on the appropriate quantity and type of Goods to be used in order to provide the Services based upon the information supplied by the Customer to the Company.
3. In the event that the Customer requests the Company to witness the provision of fumigation and/or other pest control services provided by third parties then the Customer agrees that the sole responsibility of the Company will be to be present at the time of such fumigation and/or provision of other pest control services and to forward the results of that observation and the Customer agrees that the Company shall not be responsible in any way whatsoever in relation to such Services provided by such third party.
4. In the event that the Customer provides to the Company any documentation in relation to engagements or dealings between the Customer and third parties then such documentation shall be deemed to be provided by the Customer to the Company for information only and shall not extend or limit the Services.
SAMPLES
1. Any samples taken by the Company shall be retained for a maximum of three (3) months or such other period as may be mutually agreed between the Company and the Customer and upon the expiration of such period the Company shall be at liberty to dispose of the samples.
2. In the event that the Customer requires the Company to retain samples for a period in excess of three (3) months then the Customer shall pay to the Company storeage charges at the Storeage Charge Rates.
ACCESS & OBSTACLES
The Customer shall ensure that all necessary access to the Vessel and/or premises at which the Goods are to be delivered and/or Services are to be provided is given to the servants, agents and sub-contractors of the Company to enable the Goods and/or Services to be provided and the Customer shall do all such acts, matters and things as may be necessary or requisite in order to eliminate or remedy any obstacles to or interruptions in the delivery of the Goods or the performance of the Services.
SAFETY & SECURITY
The Customer shall ensure that all measures are taken which are necessary or requisite for the safety and security of all persons on or near the Vessel and/or premises at which the Goods are being supplied and/or the Services are being provided and, notwithstanding that the Customer shall ensure that it follows any instructions given by the Company in relation to health and safety, periods of exposure to fumigants, ventilation of cargo or other matters relating to the supply of the Goods and/or provision of the Services the Customer shall remain entirely responsible.
HAZARDS
The Customer shall ensure that it informs the Company in advance of any hazards which may exist in relation to the Vessel and/or the premises at which the Goods are to be supplied and/or the Services are to be provided including, without limitation, any hazards associated with the cargo and/or machinery, appurtenances or equipment on the Vessel.
INFORMATION TO BE PROVIDED BY CUSTOMER
The Customer shall provide in advance to the Company sufficient information, instructions and documents concerning the Goods to be supplied and the Services to be performed and without in any way limiting the generality of the foregoing the Customer shall provide details of the Vessel and/or the premises at which the Services are to be provided and/or the cargo (including without limitation details of age, quantity, origin, condition, nature of known infestation and history of previous treatments and technical specifications of the Vessel or premises where the Services are to be carried out) and the Customer expressly warrants, represents and agrees with the Company that all information given by the Customer to the Company shall be correct, complete and accurate.
VARIATION IN RELATION TO GOODS & /OR SERVICES TO BE SUPPLIED
If at any time during the progress of the Services under the Agreement it becomes necessary for additional Goods and/or Services to be provided then the Company shall inform the Customer of what additional Goods and/or Services will be required and the cost thereof. Provided that the Customer has agreed in writing to pay such additional costs and otherwise accept the provision of such additional Goods and/or Services upon the terms and conditions contained in this Agreement the Company may at its discretion supply such additional Goods and/or Services.
RIGHT TO SUB-CONTRACT
1. The Company and any Sub-Contractor shall be entitled to sub-contract on any terms the supply of the Goods and/or the Services.
2. The Customer undertakes that no claim or allegation shall be made, whether by the Customer or any other person whomsoever against any person (other than the Company) by whom (whether as sub-contractor, principal, employer, servant, agent or otherwise) the Goods and/or Services or any part thereof are supplied which imposes or attempts to impose upon such person any liability whatsoever whether or not arising out of negligence on the part of such person, and if such claim or allegation should nevertheless be made, then to indemnify, keep indemnified and hold harmless the Company and the person against whom such claim or allegation is made against the consequences thereof. Without prejudice to the foregoing and for the purposes of this Clause the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Agreement.
EXTENSION OF EXEMPTIONS TO SUB-CONTRACTORS
Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect:
1. all Sub-Contractors;
2. every servant or agent of the Company or of a Sub-Contractor;
3. every other person (other than the Company) by whom the Goods and/or Services or any part thereof are supplied;
4. all persons who are or might be vicariously liable for the acts or omissions of any person falling within Sub-Clauses (a), (b) or (c) hereof and for the purposes of this Clause the Company is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Agreement.
LIABILITY OF COMPANY
The supply and application of the Goods and the provision of the Services shall in all respects be at the risk of the Customer and not the Company and the Company and its servants and agents shall not be liable in tort or contract or bailment or otherwise howsoever for any loss or damage of any nature or kind whatsoever including consequential or economic loss and including loss of or damage to any property whatsoever including the Vessel, any premises at which the Goods are delivered and/or the Services are provided and/or any cargo on the Vessel and including personal injury to or the death of any person whomsoever including the Customer its servants, agents or contractors caused by contributed to or arising out or in the course of the supply or application of the Goods or provision of the Services and whether or not such loss, damage, injury or death is due to the negligence or breach of contract or breach of duty as bailee on the part of the Company or its servants, agents or Sub-Contractors and this Clause shall apply to all such loss or damage or injury or death whether or not the same occurs in the course of performance by or on behalf of the Company of this Agreement or in events which are in the contemplation of the Company and/or the Customer or in events which are foreseeable by them or either of them or in events which could constitute a breach of this Agreement or a breach of a fundamental term thereof.
APPLICATION OF GOODS
If the Customer expressly or impliedly instructs the Company to use or it is expressly agreed that the Company will use a particular method of applying the Goods the Company will give priority to that method (provided that it is legal to do so and is in accordance with the guidelines and requirements and written procedures set out in Clauses 11 and 12) but if it cannot conveniently be adopted by the Company the Customer hereby authorises the Company to apply the Goods by such other method or methods as the Company may determine in its discretion.
DELAY 6
The Customer hereby authorises any delay in the supply of the Goods or provision of the Services which the Company may in its absolute discretion deem desirable or necessary in the circumstances.
TITLE
1. Until the Goods are paid for by the Customer in full, ownership shall remain with the Company, but the risk shall pass to the Customer.
2. Until the Goods are paid for in full, the relationship between the Parties shall be fiduciary, and the Customer shall hold the Goods as bailee for the Company. The Customer shall store the Goods separately from its own.
  1. The Customer is not permitted to dispose of the Goods without the specific consent in writing of the Company until the Goods have been paid for.
  2. In the event that the Company consents to the disposal of the Goods, the monies resulting from the sale are to be specifically earmarked and placed into a separate account until payment for the Goods in full is made to the Company.
PERSONAL PROPERTY SECURITIES ACT, 2009
1. In this Clause:
  1. "financing statement" shall have the meaning given to it by the PPSA;
  2. "financing change statement" shall have the meaning given to it by the PPSA;
  3. "PPSA" shall mean the Personal Property Securities Act, 2009 (Cwth);
  4. "PPSR" shall mean the Personal Property Securities Register established under Section 147 of the PPSA;
  5. "security agreement" shall mean the security agreement under the PPSA created between the Customer and the Company by these terms and conditions; and
  6. "security interest" shall have the meaning given to it by the PPSA;
2. The Customer acknowledges and agrees that this Agreement:
  1. constitute a security agreement for the purposes of the PPSA; and
  2. create a security interest in:
    1. All Goods previously supplied by the Company to the Customer (if any);
    2. all Goods previously supplied by the Company to the Customer (if any);
    3. all Goods that will be supplied in the future by the Company to the Customer.
  3. The Customer undertakes and agrees with the Company to:
    1. 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 the Company may reasonably require to:
      1. register a financing statement or financing change statement in relation to a security interest on the PPSR;
      2. register any other document required to be registered by the PPSA; or
      3. correct a defect in any financing statement or financing change statement,
    2. indemnify, and upon demand reimburse, the Company for all expenses incurred by the Company in registering a financing statement or financing change statement on the PPSR or releasing any Goods charged thereby;
    3. not register a financing change statement in respect of a security interest without the prior express written consent of the Company;
    4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior express written consent of the Company.
    5. The Company and the Customer agree that the Section 125 of the PPSA does not apply to the security agreement created by this Agreement.
    6. The Customer hereby waives its rights to receive notices under Sections 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    7. The Customer waives its rights as a grantor and/or a debtor under Sections 142 and 143 of the PPSA.
    8. Unless otherwise agreed to in writing by the Company, the Customer waives its right to receive a verification statement in accordance with Section 157 of the PPSA.
RISK IN VESSEL, PREMISES & CARGO
The Vessel, the premises at which the Goods are supplied and/or the Services are provided and the cargo on the Vessel or at such premises shall be entirely at the risk of the Customer and the Company shall not be responsible for any loss or damage whatsoever caused to such Vessel, premises and/or cargo whether due to breach of contract or negligence or breach of duty as bailee on the part of the Company or its servants, agents or sub-contractors or otherwise howsoever.
GOODS NOT TO BE RETURNED
The Customer shall not be entitled to return the Goods or any of the Goods to the Company.
DESCRIPTION
The Goods and/or Services to be supplied by the Company shall be as described on the Order and any such description shall prevail over any descriptions previously provided by the Customer.
CANCELLATION
No order for the Goods and/or Services may be cancelled by the Customer except with the prior express written consent of the Company and then only upon terms to be agreed by the Company which will fully indemnify the Company from and against all losses, costs, damages and expenses of whatsoever nature including consequential losses which may be suffered by the Company. The Customer acknowledges and agrees that such losses, costs, damages and expenses may include losses, costs, damages and expenses suffered or incurred by the Company as a result of it placing an order or orders with a contractor or third party with respect to provision of the Goods and/or supply of the Services.
INDEMNITY
The Customer shall indemnify, keep indemnified and hold harmless the Company in respect of any actions, suits, claims, demands, damages, losses, costs, expenses and liabilities brought or made by any person whomsoever in respect of any personal injury to or the death of any person whomsoever or loss of and/or damage to any property whatsoever (including the Vessel, any premises to which the Goods are supplied and/or the Services are provided and any cargo on the Vessel and/or at such premises) arising out of or as a consequence of any accident or circumstance involving the Goods and/or Services and whether or not such loss or damage or injury or death arises out of breach of contract or negligence on the part of the Company or its servants, agents or Sub-Contractors.
CONSENTS, LICENCES, APPROVALS ETC
The Customer shall do all such acts, matters and things as may be necessary or requisite in order to obtain all necessary consents, licences and/or approvals required to enable the Goods to be delivered and/or applied and/or the Services to be provided in accordance with all applicable legal requirements at the Place of Delivery and/or the Place of Provision of Services or other place and without in any way limiting the generality of the foregoing such consents, licences and approvals shall include those required to be provided by any relevant statutory or other authority body or agency.
CONDITIONS TO HAVE FULL FORCE IN ALL CIRCUMSTANCES
All the rights, immunities and limitations of liability in these terms and conditions shall continue to have full force and effect in all circumstances and notwithstanding any breach of this Agreement or any of the conditions thereof by the Company or any other person entitled to the benefit of such provisions.
VALIDITY OF TERMS & SEVERABILITY
In the event that any of the terms, conditions or provisions contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
LIMITATION
The liability of the Company to the Customer whether in tort or contract (including with respect to any breach of this Agreement) or otherwise howsoever shall be limited to repayment by the Company to the Customer of the Consideration.
COMPETITION & CONSUMER ACT & FAIR TRADING ACT
1. Notwithstanding anything herein contained the Company shall continue to be subject to any implied conditions and warranties provided by the Competition & Consumer Act, 2010 (Cwth) (as amended) ("the CCA"), the Fair Trading Act, 1987 (WA) (as amended) ("the FTA, 1987") and the Fair Trading Act, 2010 (WA) (as amended) ("the FTA, 2010") if and to the extent that those Acts or any of them is or are applicable to this Agreement and prevents the exclusion, restriction or modification of any such condition or warranty.
2. Save for other conditions and warranties (if any) set out in these terms and conditions the only conditions and warranties which are binding on the Company in relation to its supply of the Goods and/or Services are those required by the CCA (if applicable) and the FTA, 2007 (if applicable) and the FTA, 2010 (if applicable) and in the event that the Company is liable for breach of a condition or warranty implied by the CCA or the FTA, 2007 or the FTA, 2010 the liability of the Company for a breach of such condition or warranty shall be limited:
  1. in the case of Goods to:
    1. the replacement of the Goods or the supply of equivalent Goods;
    2. the repair of the Goods;
    3. the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
    4. the payment of the cost of having the Goods repaired,
  2. in the case of Services to:
    1. the supplying of the Services again; or
    2. the payment of the cost of having the Services supplied again,
3. and otherwise all conditions and warranties whether express or implied by law and all representations, statements and obligations which would otherwise be binding upon the Company are hereby expressly excluded and negatived.
NOTICES
If either Party shall desire to give to or serve on the other Party any notice, claim or demand hereunder or in connection herewith then such notice, claim or demand shall be sufficiently given if forwarded by registered post, telex or facsimile transmission to such Party at his address stated herein or last known to the Party desiring to give such notice or in the case of any Party being a company to its registered office. Every notice shall be deemed to have been received and given at the time when in the ordinary course of post or transmission it should have been delivered or received at the address to which it was sent PROVIDED THAT if the day on which such notice or other communication as aforesaid is by this Clause deemed to have been received falls on a Saturday, Sunday or day which is a public holiday in the intended place of service or receipt, then the notice or other communication aforesaid shall be deemed to have been received on the day next following which is not a Saturday, Sunday or public holiday as aforesaid irrespective of whether or not such notice or other communication has been accepted by the addressee thereof.
WAIVER
No waiver of any provision of this Agreement nor consent to any departure therefrom by any of the Parties shall be effective unless the same shall be in writing and then such waiver or consent shall be effective only in the specific instance and for the purpose for which it is given. No default or delay on the part of any of the Parties in exercising any rights powers or privileges hereunder shall operate as a waiver thereof or of any other right hereunder; nor shall a single or partial exercise thereof preclude any other or further exercise of any other right, power or privilege.
GOODS & SERVICES TAX
1. The amount payable by the Customer to the Company for the purchase of the Goods and/or Services pursuant to this Agreement shall be the Consideration plus an amount equal to the amount of Goods and Services Tax (if any) payable in relation to that supply of Goods and/or Services.
2. All Goods and Services Tax payable in respect of the supply of the Goods and/or Services shall be payable at the same time as payment is to be made for the supply of the Goods and/or Services.
3. In this Clause "Goods and Services Tax" shall mean Goods and Services Tax payable under the A New Tax System (Goods and Services Tax) Act, 1999 (Cwth) and any legislation substituted for, replacing or amending that Act.
4. Where Goods and Services Tax is payable the Company shall issue a tax invoice to the Customer.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws for the time being of the State of Western Australia and the Parties hereby submit to the jurisdiction of the Courts of that State and all Courts which are competent to hear appeals therefrom.
VARIATIONS
No modification, variation or amendment of this Agreement shall be of any force or effect unless it is in writing and signed by all Parties hereto.

Updated: 25/11/2015