1. ACCEPTANCE
1.1 You have requested the Goods and Services set out in the Proposal, and accept this Agreement by:
- signing and returning an Agreement document provided by Gadget Tennis Pty Ltd;
- sending an email accepting this Agreement (expressly or impliedly); or
- instructing us to proceed with the Goods and Services or making any payment of the Price (including any deposit).
1.2 Please read this Agreement carefully and contact us if you have any questions.
2. GOODS AND SERVICES
2.1 We agree to provide you the Goods and Services in accordance with the Proposal and all relevant laws.
2.2 You acknowledge and agree that any dates for delivery or for completion notified by us are estimates only, and we will have no Liability to you for failing to meet any delivery or milestone date.
2.3 We may provide the Goods and Services to you using our Personnel, and they are included in this Agreement.
2.4 All variations to the Goods and Services must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably determined by us. If we consider that any instruction or direction from you constitutes a variation, then we will not be obliged to comply with such instruction or direction unless agreed in accordance with this clause 2.4.
3. PRICE AND PAYMENT
3.1 You agree to pay us the Price and all other reasonable expenses or disbursements properly incurred by us in the provision of the Goods and Services, in accordance with the Proposal and Payment Terms. All amounts d are inclusive of relevant taxes (unless otherwise stated).
3.2 Unless otherwise agreed between the Parties, any deposit in the Schedule must be paid before we commence the provision of the Goods and Services.
3.3 If any amounts are unpaid 7 days after the payment date, we may suspend the provision of the Goods and Services until we receive payment.
4. YOUR OBLIGATIONS AND WARRANTIES
You represent, warrant, acknowledge and agree that:
- there are no legal restrictions preventing you from engaging us, or agreeing to this Agreement;
- you have not relied on any representations or warranties made by us in relation to the Goods and Services (including as to whether the Goods and Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
- you will cooperate with us, and provide us with all documentation, information, instructions and access necessary to enable us to provide the Goods and Services, as requested by us, from time to time, and in a timely manner;
- the information you provide to us is true, correct and complete;
- you will not infringe any third party rights in working with us and receiving the Goods and Services;
- you will provide us and our Personnel with sufficient access, free from harm or risk to health or safety, to any relevant premises (including any facilities at the premises), to enable us to provide the Goods and Services, including at the dates and times that we may reasonably request; and
- you are responsible for obtaining, and providing to us if necessary, any access, consents, licences, approvals and permissions from other parties necessary for the Goods and Services to be provided, at your cost.
5. YOUR STATUTORY RIGHTS
5.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Goods and Services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.
5.2 You agree that our Liability for the Goods and Services is governed solely by the ACL and this Agreement.
5.3 Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Goods and Services) are provided to you without warranties, representations and guarantees of any kind.
