About this policy
Apex Executive Interiors Pty Ltd ACN 123 437 561 (herein referred to as ('APEXEI', 'we', 'us' or 'our') are committed to protecting the privacy of your personal information in accordance with Australian privacy laws.
When you engage us to provide you with any goods or services, apply or complete an application for commercial credit, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our websites, you agree to the use and disclosure of your personal information in the manner described in this policy. This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors.
Types of personal information we collect
The kinds of personal information we may collect from you will depend on what type of interaction you have with us. Personal information we may collect from you includes, among other things:
- identity particulars - such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
- personal information we collect from you when assessing, processing and managing an application by you for commercial credit;
- personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list;
- your bank, credit or debit account details when you make a purchase;
- your records of communication with us;
- if you visit our website, your website usage information such as your IP address.
The purpose for collecting your personal information
We will generally only collect and use your personal information for the primary purposes of:
- our general business operations;
- effectively providing you with our goods and services;
- where applicable, assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
- communicating with you;
- responding to your inquires or complaints;
- meeting our legal and regulatory obligations;
- conducting, improving and developing a relationship with you;
- direct marketing (such as providing you with information about our products and promotional notices and offers); and
- improving our website.
Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf. Where you have applied for a commercial credit account with us, we may also make enquiries in respect of commercial credit with third parties with your consent. This could include persons nominated by you as trade references, credit reporting bodies (“CRBs”) and your bankers.
We will take reasonable steps to ensure that you are aware of:
- the likely use of the information;
- the right of access to the information;
- the identity and contact details of our employee/representative collecting your personal information;
- any law requiring collection of the information; and
- the main consequences of failure to provide your personal information.
How we may use and disclose your personal information
We may use your personal information for:
- the primary purposes for which it was collected, such as those described above;
- assessing and processing an application for, or administrative and management of, your commercial credit account with us;
- administering and responding to your enquiry or feedback about our products and/or services;
- conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey, market research or customer behavioural activity;
- promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt out of such direct marketing)
- improving the operation of our websites.
We may disclose personal information we collect from you:
- to our related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product;
- for direct marketing by APEXEI, but giving you the opportunity to opt out of such direct marketing. We will include our contact details in any direct marketing.
- to relevant Federal, State, Territory medical, health and safety authorities (as required);
- where the law requires or authorises us to do so;
- to others that you have been informed of at the time any personal information is collected from you;
- with your consent (express or implied), to others.
Where the Privacy Act permits us to do so, we may also disclose your credit related information (in respect of commercial credit) to CRBs such Equifax (formerly known as Veda) or Illion (formerly known as Dun & Bradstreet), if you apply for commercial credit or request to increase your commercial credit limit with APEXEI.
Where APEXEI collects information that we are likely to disclose to a CRB, please note:
- the CRBs may include that information in reports provided to APEXEI to assist it to assess your creditworthiness;
- if you fail to meet payment obligations in relation to commercial credit or commit a serious credit infringement, APEXEI may be entitled to disclose this to the CRB;
We do not disclose your personal information for any secondary purposes unless your consent has been given or as required by law, and we will not sell or license any personal information that we collect from you.
How your personal information is stored and secured
We take reasonable steps to protect your personal information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.
If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.
We only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identify your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
Using our Website and Cookies
As with most websites, when you visit our website or use an application on our website, we may record information such as IP address, time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
We also use “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but the website may be limited in the use of some of the features.
Marketing and Opting-Out
We may use your personal information for:
- promoting and marketing of our current and future products and services;
- informing you of upcoming events and special promotions and offers; and
- analysing our products and services so as to improve and develop new products and services.
We may exchange your personal information between our related entities, if any, so they can also assist in the marketing of our products and services to you.
We will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.
At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information. You will generally be given the opportunity to “opt out” from receiving marketing communications from us. You may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.
Cross border disclosure
Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries, including the United States of America. For example, we may use a server hosted overseas to store data, which may include your personal information.
We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (the reasonable steps).
The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas recipient is subject to laws that are suitability similar to privacy laws in Australia.
If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.
Accurate and up-to-date information
We take reasonable steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to our attention.
If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below in paragraph 17.
We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagree that the information is incorrect, we will provide you with our reasons for taking that view.
We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.
Access to your personal information
We acknowledge that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting our Privacy Officer. If access is refused to your personal information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options.
To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons. We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.
Dealing with unsolicited information
We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.
Anonymity when dealing with us
Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.
Collecting sensitive information
We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.
Transfer of ownership
Complaints and disputes
We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:
Office of the Australian Information Commissioner
Phone: 1300 363 992
Who should you contact for further information?
Privacy Officer (Janet Hassos)
Apex Executive Interiors Pty Ltd
17/12 Kendall Street
Harris Park NSW 2150
Phone: (02) 9635 9100
Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.
Last Updated November 2018
These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of goods and / or services (collectively referred to as the “Goods”) by Apex Executive Interiors Pty Ltd ACN 123 437 561 (“ApexEI”) to a Customer from time to time. Any supply of Goods by ApexEI to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the ApexEI (“Agreement”) and any such supply does not give rise to a new or separate agreement.
In these terms unless the contrary intention appears:
“ApexEI” means Apex Executive Interiors Pty Ltd ACN 123 437 561.
“Additional Charges” includes all delivery, handling and storage charges, goods and services tax (GST), stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to ApexEI arising out of the sale of the Goods.
“Authority Approvals” means approvals from regulatory, government or building authorities including but not limited to the approvals for development applications and construction certificates.
“Consequential Loss” means loss of revenue, loss of profit or anticipated profit, loss of business, loss of business reputation, loss of opportunities, loss of anticipated savings, loss of goodwill and any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach.
“Customer” means any company, entity or person to or for whom the Goods are to be supplied by ApexEI.
“Delivery” means in relation to Goods, that point in time when the Goods are collected by or delivered to the Customer by ApexEI and in relation to Services, when those Services have been carried out by or on behalf of ApexEI.
“Force Majeure Event” means any event outside the reasonable control of ApexEI including acts of God, pandemic, epidemic, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action or any other cause whatsoever, whether or not of a like nature to those specified above.
“Goods” means goods supplied to the Customer by ApexEI and a reference in these Terms to ‘Goods’ also includes a reference to any services provided by ApexEI, unless otherwise specified.
“Hazardous Substances” means any substance, in whatever form, that is dangerous or may cause harm including to persons and / or the environment.
"Intellectual Property Right" means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a party, registered or unregistered, in any country.
“Order” means an order placed by the Customer for the Goods, whether in writing or otherwise.
"PPSA" means the Personal Property Securities Act 2009 (Cth) and PPSA regulations and as may be amended from time to time.
“Provisional Cost” or “PC Sum” means a sum of money set aside or an allowance made for Goods not selected which has been estimated or not yet defined.
“Purchase Price” means the price for the Goods as charged by ApexEI at the date of delivery or such other price as may be agreed between the parties prior to delivery of the Goods.
“Quotation” means a quotation given by ApexEI to the Customer, whether in writing or otherwise.
“Services” means any services provided by ApexEI for or on behalf of the Customer including installation services.
“Site” means any property or premises where the Goods will be delivered, and/or the Services rendered by ApexEI.
“Variation” means a change or changes made, requested or approved by the Customer.
“WHS Policy” means the Work Health and Safety Policy of ApexEI.
(a) An Order given to ApexEI is binding on ApexEI and the Customer, if:
(i) a written acceptance is signed for or on behalf of ApexEI; or
(ii) the Goods are supplied by ApexEI in accordance with the Order.
(b) An acceptance of the Order by ApexEI is acceptance of these Terms by ApexEI and the Customer and these Terms will override any terms and conditions contained in the Customer’s Order or any other document from the Customer.
(c) An Order which has been accepted in whole or in part by ApexEI cannot be cancelled by the Customer without the prior written approval of ApexEI, which ApexEI may refuse in its absolute discretion. Where cancellation is approved by ApexEI, and except where ApexEI has incorrectly supplied Goods or provided faulty Goods, ApexEI reserves the right to claim payment from the Customer and the Customer agrees to pay, all costs and fees associated with the return of Goods including but not limited to restocking, return transport, labour and administration costs.
(d) Returned Goods must be in the same condition as when they left the factory. Goods returned in a damaged condition will not be accepted and no refunds or credits will be given.
(e) To the extent permissible by law if a cancelled Order has reached a point in manufacture, installation and / or supply at the time of cancellation in which costs have been incurred, then those costs will be borne by the Customer even if no actual Goods can be or were supplied.
(f) If a postponed Delivery is caused by the Customer, ApexEI reserves the right to have the Customer's Goods placed in storage at the Customer’s expense and risk and ApexEI will invoice the Customer and will require payment within 7 days for all costs associated with the storage of these Goods.
(g) To the extent permissible by law, ApexEI is not liable for any costs or claims arising from a failure by the Customer to understand documentation and / or drawings related to the Goods or Services.
(a) If the Customer makes changes during the course of any construction project on which it has engaged ApexEI this constitutes a Variation. The Customer will be notified in writing by ApexEI of any additional costs and of any delays caused by the Variation and the Customer is responsible for approving or rejecting a Variation.
(b) ApexEI is not liable for any delays caused by a Variation and reserves the right to charge the Customer for any costs arising from any such delays.
4 Warranty and Indemnity
(a) ApexEI warrants as follows:
(i) in relation to Goods, that:
(A) all Goods supplied by ApexEI are supplied to the Customer as original purchaser with any warranty provided by the manufacturer of the Goods; and
(B) all Goods supplied by ApexEI are warranted to be free from defects for 52 weeks from the date of completion of installation (the “Completion Date”) of the Goods by ApexEI, which 52 weeks runs concurrently with the manufacturer’s warranty, if any, given in respect of the Goods.
(ii) in relation to services, that:
(A) all Services provided by ApexEI for the Customer are warranted to be free from defects in workmanship for 52 weeks from the Completion Date.
(the warranties referred to in 4(a) above are hereafter referred to as the “Warranty”).
(b) Under the terms of this Warranty, the repair or replacement of the Goods or supply of the Services or payment of the cost of having the Services supplied again during the Warranty period is at the option of ApexEI. The Warranty remains based on the original Completion Date.
(c) Investigation of Claims:
(i) All Goods and Services, the subject of a Warranty claim, must be inspected by ApexEI for evaluation before any Warranty claim is approved.
(ii) To make a Warranty claim pursuant to this Warranty, the Customer must:
(A) notify ApexEI within 7 days of the alleged defect first coming to the Customer’s notice and within the Warranty period;
(B) provide ApexEI with all information required, including serial numbers, photos of the alleged defect, and with reasonable evidence of proof of purchase.
(C) provide evidence that the Goods have been installed by ApexEI and used in accordance with ApexEI’s or any manufacturer’s instructions supplied with the Goods; and
(D) make the Goods and Services available for inspection by ApexEI, so that ApexEI may carry out all necessary work.
(d) Conditions of Warranty:
(i) This Warranty extends only to:
(A) defects arising solely from faulty design, materials or workmanship under proper use of the Goods;
(B) Goods installed by ApexEI or a suitably qualified person and Services carried by ApexEI;
(C) Goods sold by ApexEI or its authorised manufacturers or dealers and only where the Goods are used and serviced within Australia; and
(D) where the defects in relation to the Goods and / or Services appear within the Warranty period.
(e) Exclusions to Warranty:
(i) This Warranty does not cover:
(A) unauthorised repairs, alteration, modification or substitution of any parts of the Goods, or use of the Goods other than in accordance with the instructions supplied;
(B) other goods that are not manufactured or supplied by ApexEI.
(C) electrical products and systems into which the Goods are installed or form part of but which have not been supplied by ApexEI;
(D) Goods purchased:
(aa) other than from ApexEI (such as purchases from unauthorised retailers and purchases over the internet from local/international sellers or sites such as Ebay and Amazon),
(bb) from a competitor or not from an authorised dealer or manufacturer of ApexEI;
(ii) In addition to the above, this Warranty DOES NOT cover the following:
(A) damage or defects to the Goods or arising from the Services that ought reasonably to have been revealed to you by an examination of the Goods, where you conducted such an examination before or at the Completion Date,
(B) normal wear and tear due to the course of normal use,
(C) any Goods with a serial number removed,
(D) any software applications or programs which relate to the Goods but have not been supplied by ApexEI and as part of the Goods,
(E) accidental damage or damage caused by an extra-ordinary event or circumstance beyond your or anyone else’s control including damage caused by:
(aa) environmental factors;
(bb) natural discolouration of material due to ultraviolet light,
(cc) crushing, impact with hard surface or damage caused in the transit of the Goods,
(dd) foreign material, or exposure of the Goods to excessive heat or cold or to solvents, or water entry into the Goods,
(ee) abnormal Goods performance caused by any ancillary Goods interference or other external factors,
(ff) improper or inadequate maintenance or calibration of the Goods,
(gg) adverse external conditions including electrical power surges, spikes or dips, or fluctuations in voltage or current.
(iii) Charges will apply for any non-warranty services performed.
(f) Limitation of Liability:
The following statement applies if the supply of the Goods to the Customer is a consumer sale as defined in the Australian Consumer Law. In this statement, ‘Our’ means ‘ApexEI’, ‘You’ means the ‘Customer’ and ‘goods’ means ‘Goods’:
(i) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
What constitutes a major failure is set out in the Australian Consumer Law.
(ii) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in this Warranty are excluded and ApexEI is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for any Consequential Loss.
(iii) The benefits given to the Customer in this Warranty are in addition to other rights and remedies under a law in relation to the Goods and Services to which this Warranty applies.
(iv) This Warranty is not applicable outside Australia.
(v) Notwithstanding sub clause (e)(i), ApexEI’s liability is limited, to the extent permissible by law and at ApexEI’s option to:
(A) in relation to the Goods:
(aa) the replacement of the Goods or the supply of equivalent goods;
(bb) the repair of the Goods;
(cc) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(dd) the payment of the cost of having the Goods repaired
(B) where the goods are Services:
(aa) the supply of Service again; or
(bb) the payment of the cost of having the Services supplied again.
(a) The times quoted for Delivery are estimates only and ApexEI accepts no liability for failure or delay in Delivery. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in Delivery.
(b) Risk in the Goods passes on Delivery to the Customer.
6 Price and Payment
(a) The Customer must pay the Purchase Price and the Additional Charges to ApexEI. If the Customer is in default, ApexEI may at its option withhold further deliveries, cancel a contract without prejudice to any of its existing rights, withdraw credit, refuse any further credit, withhold or stop supply.
(b) The terms of payment are as follows:
(i) in the case of a Customer granted an approved credit account by and with ApexEI – 30 days from the date of invoice; or
(ii) as otherwise agreed to by ApexEI in writing.
(c) ApexEI reserves the right to charge an interest at the rate of 3.5% per annum on all overdue amounts until all unpaid monies are received in full.
(d) All amounts payable by the Customer under these Terms must be paid without set-off, cross demand or counter claim of any kind.
7 No liability
ApexEI will not be responsible for:
(a) loss of electronic data through power and /or data continuity loss for any reason at any time on any site or premises at which ApexEI is engaged to supply the Goods;
(b) any Goods being altered or discontinued by any manufacturer at any time, nor any associated costs.
(a) The Customer must procure for ApexEI and its employees and any authorised ApexEI contractors who are carrying out the Services, access to the Site and to the following at the premises in which the Site is situated in at all times: toilets, kitchens, amenities, plant rooms, service risers, switchboards, MDF rooms, chilled water supplies, after hours air-conditioning, lifts, lift protection and power.
(b) In the event that any of these access requirements in this clause not fulfilled then ApexEI reserves the right to charge the Customer additional monies for any costs ApexEI may incur as a result including, but not limited to, costs associated with engagement of a security guard and/or lift operator.
9 Work Health and Safety (WHS)
(a) ApexEI accepts no responsibility for any injury or death of any person or persons outside of the control of ApexEI and where ApexEI’s WHS procedures have not been strictly followed and / or unauthorised access to Site has been made.
(b) ApexEI takes no responsibility for any loss and / or damage to property caused by the neglect of persons not under the direct control of ApexEI.
(c) ApexEI reserves the right to deny access to any Site under the direct control of ApexEI to any contractor provided by the Customer, building owner, manager, or any other individual or entity (often as a nominated or preferred contractor) if the contractor:
(i) is unable to provide appropriate WHS documentation;
(ii) is unwilling to work within the guidelines of ApexEI’s WHS Policy; or
(iii) has in the past acted in a manner which is unacceptable to ApexEI.
(d) Any costs associated with the breach in clause 9(c) will be borne by the Customer including any extra over costs associated with the engaging of a new contractor to fulfil those duties.
10 Provisional Cost
In the event that a Provisional Cost sum is allocated when it is not possible to obtain an accurate quotation due to insufficient information, works may be costed based on an 'educated guess' with any short fall or over-spending made up via a variation or a credit to the contract sum.
11 Documentation, CAD Files, Drawings and Files
(a) All documentation, CAD files, drawings and files (“Files”) including any Intellectual Property within those Files remain the property of ApexEI and are to be read with in conjunction with the scope of works contained in the Quotation or as agreed between the parties. The Customer must not distribute the Files to any parties without prior written consent of ApexEI and indemnifies ApexEI from any liability, loss, damage or legal costs resulting from unauthorised distribution or misuse of any Files.
(b) To the extent permissible at law, ApexEI gives no warranties and / or guarantees (expressed or implied) for the Files when used for any purpose other than that for which they were intended (as determined by ApexEI in its sole discretion) or used by any unauthorised party.
12 Authority Approvals
Unless agreed otherwise, the seeking, obtaining and granting of Authority Approvals remain the sole responsibility of the Customer and ApexEI accepts no liability or responsibility for any claims for loss or damage in any way related to a failure to obtain or lack Authority Approvals.
No documentation or information, in whatever form, provided by ApexEI in relation to the Goods or Services is permitted or intended to be used as evidence for or of compliance with Building Code of Australia [BCA], Australian Standards [AS] or the Disability Discrimination Act 1992 [DDA].
14 Intellectual Property
The Customer warrants that use by ApexEI of any intellectual property provided by the Customer is authorised and does not infringe any Intellectual Property Rights of the Customer or a third party and the Customer indemnifies and will keep ApexEI indemnified against any and all liabilities, expenses, losses and/or damages, whether direct, indirect or Consequential, arising from a third party alleging that the Goods infringe its Intellectual Property.
15 Retention of Title and Charge
(a) Ownership, title and property in the Goods and in the proceeds of sale of those Goods remains with ApexEI until payment in full for the Goods and all sums due and owing by the Customer to ApexEI on any account has been made.
(b) The Customer is deemed to be in default immediately upon the happening of any of the following events:
(i) if any payment to ApexEI is not made by the due date for payment;
(ii) the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing;
(iii) is unable to pay its debts as they fall due; or
(iv) if any payment by the Customer to ApexEI is dishonoured.
(c) In the event of a default by the Customer, then without prejudice to any other rights which ApexEI may have at law or under this Agreement:
(i) ApexEI or its agents may without notice to the Customer enter the Customer’s site or premises or any site or premises under the control of the Customer for the purposes of recovering the Goods;
(ii) ApexEI may repossess and resell the Goods;
16.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
(a) ApexEI and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the ApexEI to claim:
(i) a Purchase Money Security Interest (“PMSI”) in favour of ApexEI over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms; and
(ii) a security interest over the proceeds of sale of the Collateral referred to in 16.1 (a).
(b) The Goods supplied or to be supplied under these Terms fall within the PPSA classification of “Other Goods” acquired by the Customer pursuant to these Terms.
(c) ApexEI and the Customer acknowledge that ApexEI, as Secured Party, is entitled to register its Security Interest, in the Collateral supplied or to be supplied to Customer and in the relevant Proceeds, pursuant to these Terms.
(d) To the extent permissible at law, the Customer:
(i) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to ApexEI;
(ii) agrees to indemnify ApexEI on demand for all costs and expenses, associated with the registration or amendment or discharge of any Financing Statement registered by or on behalf of ApexEI and enforcement or attempted enforcement of any Security Interest granted to ApexEI by the Customer;
(iii) agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;
(iv) agrees to waive its right to do any of the following under the PPSA:
(A) receive notice of removal of an Accession under section 95;
(B) receive notice of an intention to seize Collateral under section 123;
(C) object to the purchase of the Collateral by the Secured Party under section 129;
(D) receive notice of disposal of Collateral under section 130;
(E) receive a Statement of Account if there is no disposal under section 132(4);
(F) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
(G) receive notice of retention of Collateral under section 135;
(H) redeem the Collateral under section 142; and
(I) reinstate the Security Agreement under section 143.
(e) All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.
17 Trustee Capacity
If the Customer is also the trustee of a trust (whether disclosed to ApexEI or not), the Customer warrants to ApexEI that it:
(a) enters into this Agreement in both its capacity as trustee and in its personal capacity;
(b) has the right to be indemnified out of trust assets;
(c) has the power under the trust deed to enter into this Agreement; and
(d) will not retire as trustee of the trust or appoint any new or additional trustee without first advising the ApexEI.
(a) The Customer will indemnify ApexEI against any liability for trespass, action, damage, loss, liability, cost, charge, expense, outgoing or payment which ApexEI suffers, incurs or is liable to in respect of or in any way related to ApexEI's rights to repossess the Goods and ApexEI’s right to carry out or in carrying out the Services under this Agreement at the Site.
(b) To the full extent permitted by law, Customer will indemnify ApexEI and keep ApexEI indemnified from and against any liability and any loss or damage ApexEI may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives and arising from ApexEI exercising any of its rights under these Terms including the right to repossess the Goods.
19 Force Majeure
(a) ApexEI will not be liable for the consequences of any failure or delay in performing any of its obligations under these Terms to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.
(b) If a Force Majeure Event arises, ApexEI will notify the Customer in writing of the Force Majeure Event and the likely impact it will have on ApexEI’s performance under these Terms. If the Force Majeure Event affects the capacity of ApexEI to complete its material obligations under these terms in a timely manner, ApexEI may by notice to the Customer terminate this Agreement without any liability whatsoever on its part arising from that termination.
20 Hazardous Substances
Unless the Customer specifies otherwise, the Customer warrants that any Site shall be free of Hazardous Substances. If in breach of this warranty, Hazardous Substances are detected by ApexEI prior to or after access to the Site, ApexEI is not liable for any costs or claims arising from or related to those Hazardous Substances including for costs of delay or detection and removal of such substances.
(a) These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales and any Courts which may hear appeals from those Courts in respect to any matter in connection with these Terms.
(b) These Terms may only be varied by agreement in writing between the parties.
(c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
(d) No waiver of any of these Terms or failure to exercise a right or remedy by ApexEI will be considered to imply or constitute a further waiver by ApexEI of the same or any other term, condition, right or remedy.
Date of Issue
This revision of our Trading Terms and Conditions is valid from Midnight 19/03/2020 and applies to all quotations dated on or after Midnight 19/03/2020 until the next revision of our Trading Terms and Conditions is made public. These Trading Terms and Conditions supersede all previous Trading Terms and Conditions.