Legal

We may revise and update these Terms of Use (or any Transaction Terms) from time to time in our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Dixon Site after posting. Your continued use of the Dixon Site following the posting of revised terms means that you accept and agree to the changes. We advise that you periodically check the Dixon Site so you are aware of any changes, as they are binding on you. If you do not agree to any revisions, you must not continue to use the Dixon Site.

Our Privacy Policy describes our privacy practices and also applies to your use of the Dixon Site. The Privacy Policy supplements and is a part of the Terms of Use.

The Dixon Site and its contents, features, and functionality (including without limitation, the information, text, graphics, images, audio, video, catalogs, inventory, and the selection, design, look-and-feel, and arrangement) (collectively, the "Dixon IP") are the property of Dixon and its licensors, and/or the providers of such materials, and are protected by the U.S. and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.  Dixon IP is made available solely for and in connection with your authorized, lawful use of the Dixon Site, and Dixon IP may not be copied, stored, distributed, modified, displayed, performed, republished, excerpted, or otherwise used or exploited for any purpose, including by the creation of any derivative works.  All rights not granted expressly are reserved.

The Dixon Site contains trademarks, service marks, logos, and other marks owned by Dixon or third parties ("Trademarks"). All Trademarks used on the Dixon Site are the property of Dixon or the respective owner(s), and use shall inure to the benefit of Dixon and/or the respective owner.

You agree that you are solely responsible for your own security in using the Dixon Site, and for implementing any precautions you consider to be necessary or appropriate for your use of the Dixon Site. You agree to provide and to maintain correct, current, and complete information for any registration or account that you may establish with Dixon.  You are further solely responsible for assuring the security and confidentiality of your account information, including the security and confidentiality of your passwords. It is your responsibility to notify Dixon immediately and to take appropriate action under the circumstances if you know or suspect that there is any breach of your account. 

For any account you establish for or use with Dixon or the Dixon Site, you must complete the registration process by providing Us with current, complete, and accurate information as provided in the applicable registration form. You agree that Dixon is the sole owner of the information collected via the Dixon Site. Furthermore, you are entirely responsible for any and all purchases, transactions, orders, and other activities that occur under or using your account.

The Dixon Site may contain features or functionality allowing you to interact with Dixon, including but not limited to message boards, chat functionality, forums, and messaging ("Interactive Services"), or to post, submit or otherwise transmit content or materials ("User Contributions").  All User Contributions must comply with these Terms of Use and other acceptable use policies of Dixon, as such may be posted from time to time. Any User Contribution you post to the site will be considered non-confidential and non-proprietary, regardless of whether it is marked or designated as confidential. By providing any User Contribution on the Dixon Site, you grant Us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. By providing a User Contribution, you represent and warrant that:

1. You own or control all rights in and to the User Contribution and have the right to grant the license granted above to Us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
2. The User Contribution complies with these Terms of Use.

User Contributions are not verified or approved by Us. The views expressed by other users on the Dixon Site do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us.

You are responsible for any User Contributions you submit or contribute, and you, not Dixon, have full responsibility including for its legality, reliability, accuracy, completeness, currency, and appropriateness. Dixon is not responsible or liable to any third party for any User Contributions.

Do not send to Dixon any confidential or proprietary information through the Dixon Site. Any information or material sent to Dixon will NOT be treated as confidential. You also agree that Dixon is free to use any ideas, concepts, know-how, or techniques that you send Us for any purpose. However, We will not release your name or otherwise publicize the fact that you submitted materials or other information to Us unless: (a) We obtain your permission to use your name, or (b) We first notify you that the materials or other information you submit to a particular part of the Dixon Site will be published or otherwise used with your name on it; or (c) We are required to do so by law.

Dixon reserves and shall have the right to terminate or limit your access to any or all of the Dixon Site, for any reason, without liability. Without limiting the preceding, any violation of these Terms of Use shall automatically terminate your authorization to use or to access the Dixon Site.   

THE DIXON SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU VIA THE DIXON SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

EXCEPT AND SOLELY TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN WRITING, DIXON DISCLAIMS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (II) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (III) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE; OR (IV) THAT THE DIXON SITE WILL BE FREE OF ERRORS OR DEFECTS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING, YOUR USE OF THE DIXON SITE IS AT YOUR SOLE RISK.

Where the Dixon Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or an endorsement by Us of those linked websites or of any information you may access or obtain from them. We have no control over the contents of those sites or resources, and use or access to those sites is at your sole risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIXON OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THIS AGREEMENT, THE DIXON SITE OR ITS USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT DIXON’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE DIXON SITE AND ITS USE SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES INCURRED, NOT TO EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE TRANSACTION OR SERVICE DIRECTLY GIVING RISE TO THE DAMAGE.

THE PRECEDING LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY TO ALL TYPES AND CAUSES OF ACTION, INCLUDING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, RELIANCE, NEGLIGENCE, AND OTHER TORTS, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

We do not exclude or limit in any way our liability to you where or to the extent it would be unlawful to do so, including regarding limitations or exclusions of liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation where the law prohibits such limitations or exclusions.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Transaction Terms.

If you are a business user, without limiting any of the preceding, for the avoidance of ambiguity or doubt, we exclude all implied conditions, warranties, representations or other terms that may apply to the Dixon Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Dixon Site, (ii) use of or reliance on any content displayed on the Dixon Site, or (iii) loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

You agree to defend, indemnify, and hold harmless Dixon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Dixon Site, including, but not limited to, your User Contributions, any use of the Dixon Site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Dixon Site.

All matters relating to the Dixon Site and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, enforced, and construed in accordance with the internal laws of the State of Maryland, U.S.A., without giving effect to any choice or conflict of law provision or rule.

If a court of competent jurisdiction holds that the preceding choice of governing law is unenforceable for any reason, then you and We agree that all matters relating to the Dixon Site and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by, enforced, and construed in accordance with the internal laws of the United Kingdom. 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Dixon Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, USA, in each case located in the City of Baltimore, although We reserve and retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence, incorporation, or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You and Dixon each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

At Dixon's sole discretion, We may require you to submit any disputes arising from these Terms of Use or use of the Dixon Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.

No waiver by Dixon of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dixon to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent consistent with applicable laws and giving effect to the maximum extent reasonably possible to the original provision, such that the remaining provisions of the Terms of Use will continue in full force and effect.

Access to the Dixon Site may not be legal by certain persons or in certain countries. If you access the Dixon Site from outside the United States, you do so on your own initiative and are solely responsible for assuring your compliance with local laws.

In these Conditions:

1.1. “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010;

1.2. “Buyer” means the buyer specified in the Application for Credit Account or if there is no such application, or there is no buyer specified in the application, the purchaser of the Goods from the Company and includes any servants, agents, or contractors acting on behalf of the Buyer where the context permits;

1.3. “Company” means Dixon (Asia Pacific) Pty Ltd ACN 075 100 239 which is the seller of the Goods;

1.4. “Conditions” means these terms and conditions of sale;

1.5. “Consumer” means a “consumer” as that term is defined in Section 3 of the Australian Consumer Law;

1.6. “Consumer Contract” means a contract for supply of Goods by the Company to the Buyer as a Consumer;

1.7. “Consumer Guarantees” means the consumer guarantees under the Australian Consumer Law;

1.8. “Contract” means a contract for the sale and purchase of the Goods in accordance with these Conditions, as evidenced by the acceptance of any Order from the Buyer to the Company;

1.9. “Date of Acceptance” means the date that the Company approves the Application for Credit Account made by the Buyer or otherwise notifies the Buyer that these Conditions apply to the sale of Goods by the Company to the Buyer;

1.10. “Effective Date” means 1 January 2012;

1.11. “Goods” means the products purchased from the Company by the Buyer from time to time and which are the subject of an Order;

1.12. “Implied Terms” means any guarantees, conditions, warranties or other terms implied by any Australian Commonwealth, State or Territory laws (excluding the Australian Consumer Law), or the laws of any other jurisdiction;

1.13. “Order” means any Order for Goods from the Buyer to the Company from time to time in a form acceptable to the Company;

1.14. “PPSA” means the Personal Property Securities Act 2009;

1.15. “Quotation” means a quotation supplied by the Company to the Buyer in respect of the Goods.

2.1. These Conditions apply to all Goods supplied by the Company as from the Effective Date and the Buyer is deemed to have read and agreed to these Conditions prior to the placing of any Order.

2.2. These Conditions shall prevail over all inconsistencies in an Order and Quotation, unless the Company expressly agrees otherwise and that agreement is acknowledged in writing.

2.3. The Company reserves the right to vary, add or substitute to these Conditions from time to time and any such variations to these Conditions will have effect from the date of publication of such changes to the Company’s customers.

2.4. No promise, representation, warranty or undertaking (including any technical advice or assistance provided by the Company to the Buyer in connection with the Buyer’s Order for the Goods) other than that which is expressed in these Conditions will bind the Company, unless the Company expressly agrees otherwise in writing.

The Buyer waives any claim for shortage of any Goods delivered or failure to supply Goods conforming with the Order if a claim for short delivery or failure to supply Goods conforming with the Order has not been lodged with the Company within seven (7) days from the date of receipt of Goods by the Buyer. Any claim for shortage of any Goods delivered or failure to supply Goods conforming with the Order must be submitted in writing in a form approved by the Company.

Except where the Goods are purchased under a Consumer Contract:

4.1. all specifications, drawings, and particulars of weights and dimensions submitted or published by the Company are approximate only and any deviation from any of these things does not vitiate any contract with the Company or form grounds for any claim against the Company; and

4.2. the descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the Contract or of the description applied to the Goods.

Except where the Goods are purchased under a Consumer Contract, any performance figures given by the Company are estimates only. The Company is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

6.1. The delivery times made known to the Buyer are estimates only and the Company is not liable for late delivery or non-delivery.

6.2. The Buyer may cancel an order for Goods purchased under a Consumer Contract if the Company is unable to deliver the Goods within 90 days of any specified delivery date.

6.3. Except where clause 6.2. applies:

6.3.1. the Company is not liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods;

6.3.2. late delivery or non-delivery does not vary these Conditions or relieve the Buyer from its obligations to accept the Goods and to pay for the Goods.

6.4. The Company may at its option deliver the Goods to the Buyer in any number of instalments unless otherwise agreed in writing by the Company.

6.5. Delivery of the Goods will be taken to have occurred when either the Goods are:

6.5.1. collected by the Buyer or the Buyer’s agent; or

6.5.2. on-loaded to the freight carrier at the warehouse of the Company.

6.6. The Goods shall be at the risk of the Buyer at the time of delivery.

7.1. Where the Contract under which the Buyer purchases the Goods is a Consumer Contract (i.e. where the Buyer is a Consumer):

7.1.1. the Goods are supplied subject to the Consumer Guarantees;

7.1.2. if the Goods fail to meet any Consumer Guarantee, the Buyer will be entitled to such rights and remedies as are permitted or provided in the Australian Consumer Law for such failure, to the extent that such rights and remedies cannot be lawfully excluded. This may include the right to reject or return the Goods and obtain a refund, have the failure remedied by repair or replacement/substitution or to receive compensation for any reduction in the value of the Goods below the price paid or payable for them;

7.1.3. the Buyer may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with the rights and responsibilities of the Buyer under the Australian Consumer Law;

7.1.4. where the Goods are not ordinarily acquired for personal, domestic or household use or consumption, then, unless the Company is the manufacturer of the Goods under the Australian Consumer Law, the Company’s liability for breach of a Consumer Guarantee is limited at the Company’s option to repairing or replacing the Goods, supplying equivalent goods or paying the costs of the repair or replacement of the Goods or of acquiring equivalent goods.

7.2. Where the Buyer resupplies the Goods to a Consumer and the Goods are not ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability to the Buyer in connection with any breach of a Consumer Guarantee in respect of the Goods is limited to paying to the Buyer an amount equal to the cost of replacing the Goods, supplying equivalent goods or having the Goods repaired, whichever is the lower amount.

8.1. This clause 8 does not limit the liability of the Company under Consumer Contracts.

8.2. The Company shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any Goods unless expressed in writing and signed on behalf of the Company and any such warranty or representation shall be limited to its express terms.

8.3. None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.

8.4. The Company’s liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any such Contract is limited at the option of the Company to repairing or re-supplying Goods which have been found defective, or, paying the cost of repairing or re-supplying Goods which have been found defective.

8.5. The Company is not liable in tort for any loss or damages suffered by the Buyer or by any third party.

8.6. In no circumstance whatsoever shall the Company be liable to the Buyer or to any third party for any loss of data or profits, loss of anticipated savings, economic loss or interruption of business or for any indirect or consequential loss (“Consequential Loss”) arising out of the late delivery of Goods or any failure to perform or observe the Company’s obligations under any Contract or Implied Terms and the Buyer will keep the Company fully indemnified against any claim made against the Company by a third party for any such Consequential Loss.

9.1. Unless otherwise stated all prices quoted by the Company are net, exclusive of Goods and Services Tax (GST).

9.2. GST applied to all supplies of Goods made by the Company and the amount payable by the Buyer will be increased by a percentage equal to the prevailing of GST rate at the time of delivery of the Goods.

9.3. Unless otherwise agreed, prices do not include the cost of delivery of Goods.

10.1. Where an Application for Credit Account is approved for the Buyer, the purchase price of the Goods is payable within thirty (30) days from the end of the month of date of invoice unless other terms of payment are expressly stated on the invoice. If payment is made on or before the due date, the agreed settlement discount (if any) may be deducted from that payment.

10.2. The Company reserves the right to withdraw approval of an Application for Credit Account for the Buyer at any time by notice to the Buyer.

10.3. The Company reserves the right to request such security or additional security for any credit arrangements with the Buyer as the Company shall in its discretion think fit and shall be entitled to withhold supply of any Goods or credit arrangements until such security or additional security is provided by the Buyer.

Where no Application for Credit Account has been approved for the Buyer, or approval of the Application for Credit Account is withdrawn, the purchase price of the Goods must be paid in full on placement of the Order, or where expressly agreed in writing by the Company, on delivery of the Goods.

12.1. All amounts payable to the Company by the Buyer must be paid in Australian dollars in any manner required by the Company in writing and in full without set-off on or before the due date for payment.

12.2. Any costs or charges incurred by the Company in collecting or attempting to collect overdue amounts must be paid by the Buyer to the Company on demand.

12.3. The Company reserves the right to charge interest at the rate of 9.3% per annum on all overdue amounts owing to it. Such interest will accrue daily and is payable on demand.

12.4. Payment will not be taken to occur until all cheques tendered in discharge of amounts owing to the Company have been presented and cleared in full.

There is no minimum order value for any orders (excluding the costs of delivery of Goods).

14.1. Title to and property in the Goods will not pass until the Buyer has paid all moneys owed to the Company on any account whatsoever.

14.2. Until the Buyer has paid all moneys owed to the Company:

14.2.1. the Company retains a purchase money security interest in the Goods and the proceeds of sale of the Goods under the PPSA;

14.2.2. the relationship of the Buyer to the Company is as a fiduciary in respect of the Goods and accordingly:

14.2.2.1. the Buyer must store the Goods in such a way that they can be recognised as the property of the Company;

14.2.2.2. upon re sale of the Goods by the Buyer, the Company will have the right to trace the full proceeds of sale; and

14.2.2.3. the Buyer must account to the Company for such proceeds of sale and the Company may recover from such proceeds of sale any moneys then owing to the Company on any account whatsoever.

14.2.3. the Company reserves the right to enter upon any premises for the purpose of repossessing the Goods without prejudice to any other rights of recovery available and the Buyer grants the Company a licence to enter such premises for the purpose of exercising such right.

14.3. The Buyer must do all things reasonably required by the Company in respect of the registration of the Company’s interest in the Goods under this clause or the enforcement of the Company’s rights under the PPSA in respect of the Goods.

14.4. The Buyer waives any right the Buyer has under the PPSA:

14.4.1. to receive notice in relation to registration of the Company’s interest in the Goods under the PPSA; and

14.4.2. to claim damages against the Company under Section 271 of the PPSA.

15.1. Subject to clause 15.2., all prices quoted for Goods are valid quotes for 30 days from the date of Quotation.

15.2. Quotations are based on the current costs of sourcing the Goods and unless the Company has otherwise agreed, are subject to amendment by the Company before or after the Quotation is made to meet any rise and fall in such costs between the date of Quotation and the date of producing the Goods.

15.3. The Company reserves the right to charge the Buyer for any costs incurred as a result of the Buyer varying its Order or the Contract, correcting any errors or omissions referred to in clause 15.4., or requiring Goods urgently.

15.4. The Company will supply the Goods on the basis of the Order (whether written or oral). The Company will not be responsible for any errors or omissions in relation to the Goods where those errors or omissions result wholly or partially from incomplete or unclear instructions in the Order.

16.1. The Company is not under any duty to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.

16.2. The Company may levy a handling charge of either 20% of the Order value or $35 (whichever is greater) for any accepted returns. Goods delivered incorrectly, found to be defective or that fail to meet any Consumer Guarantees will be exempt from this handling charge.

16.3. Nothing in clause 16.1. affects the Buyer’s rights under the Australian Consumer Law or in respect of any breach of Implied Terms.

17.1. The Company may cancel any Contract any time before Goods are delivered by giving written notice to the Buyer. On giving such notice, the Company will repay to the Buyer any sums paid in respect of the Goods. The Company will not have any other liability in respect of such cancellation.

17.2. Subject to clause 6.2., the Buyer may not cancel a Contract at any time except with the Company’s prior written consent.

17.3. In the event that the Buyer cancels a Contract otherwise than under clause 6.2.:

17.3.1. the Company may retain any deposit or other sums paid on account of the Goods; and

17.3.2. if payment for the Goods is not already made in full, the Buyer will be responsible for any losses incurred by the Company in respect of such cancellation (including loss of profits, loss of anticipated savings, economic loss or interruption of business loss or other incidental, consequential or indirect damages).

17.4. In the event the Buyer cancels a Contract under clause 6.2., the Company will repay to the Buyer any sums paid in respect of the Goods. The Company will not have any other liability in respect of such cancellation.

18.1. If the Buyer makes a default in any payment due to the Company for any Goods provided by the Company, commits any act of bankruptcy or enters into liquidation whether voluntary or involuntary, the Company may in its absolute discretion, suspend delivery of any Goods to the Buyer or cancel any Contract with the Buyer, without prejudice to its rights hereunder.

18.2. Any default by the Buyer or cancellation, suspension or termination by the Company shall in no way prejudice any rights of the Company against the Buyer whatsoever, including any right to recover any amounts due for the Goods, or the Goods themselves, previously supplied by the Company to the Buyer.

19.1. This Contract is made in the State of South Australia.

19.2. The Buyer and Company agree that unless otherwise stipulated by the Company all disputes arising between them shall be submitted to the courts of the State of South Australia and any court competent to hear appeals from those courts of first instance.

20.1. A Contract may be altered in writing signed by each party.

20.2. Unless otherwise provided, a party may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under a Contract.

20.3. A party must not assign or otherwise deal with a Contract or any right under it without the written consent of the other party.

20.4. A Contract constitutes the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter.

20.5. A waiver of a provision of or right under a Contract must be in writing signed by the party giving the waiver and is effective only to the extent set out in the written waiver.

20.6. The failure, delay, relaxation or indulgence by a party in exercising a power or right under a Contract is not a waiver of that power or right.

20.7. An exercise of a power or right under a Contract does not preclude a further exercise of it or the exercise of another right or power.

20.8. Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of a Contract, remains in force after the expiration or termination of the Contract.

In these Conditions, unless the context otherwise requires:

21.1. headings do not affect interpretation;

21.2. singular includes plural and plural includes singular;

21.3. a reference to a party includes its executors, administrators, successors and permitted assigns;

21.4. a reference to a person includes a partnership, corporation, association, government body and any other entity;

21.5. an agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

21.6. an agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

21.7. a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

21.8. a provision is not construed against a party only because that party drafted it;

21.9. an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;

21.10. the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expression.

Acknowledgment of Receipt of Privacy Statement

Each individual who is the Buyer, a partner in the Buyer, a Director of the Buyer, or a Guarantor, and who has signed this Application for Credit Account, acknowledges that they have received a copy of the Company’s Privacy Statement which contains important information about the Company’s management of personal information.

Obtaining reports from credit-reporting agencies

The Company gives notice that it may give personal information about an individual who is the Buyer, a partner in the Buyer, a Director of the Buyer or a Guarantor to a credit-reporting agency for the following purposes:

• to obtain a consumer credit report about the individual, and/or

• to allow the credit-reporting agency to create or maintain a credit information file containing information about the individual.

The information that may be given is limited to:

• identity particulars – name, sex, current address, previous two addresses, date of birth, name of employer, drivers license number,

• the fact that the individual has applied for credit and the amount,

• the fact that the Company is a current credit provider to the individual,

• payments that are overdue for more than 60 days, and for which debt collection action has started,

• advice that payments are no longer overdue in respect of any default that has been listed,

• information that, in the opinion of the Company, the individual has committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with the individual’s credit obligations),

• cheques drawn by the Buyer for $100 or more which have been dishonoured more than once.

This information may be given before, during or after the provision of credit to the Buyer.

Obtaining and exchanging information about individuals who are Buyers or partners in Buyers

Each individual who is the Buyer, or a partner in the Buyer, agrees that:

• the Company may obtain information about the individual from a credit-reporting agency if the Company considers it relevant to the assessment of the Buyer’s application for credit;

• the Company may obtain information about the individual from the individual's employer that may include the nature of the employment (full time, part time, contract or casual), the length of employment, the minimum hours, and the rates of pay);

• the Company may exchange information about the individual (which can include anything about the individual's credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act) with those credit providers named in this Application or in a consumer credit report obtained by the Company for the following purposes:

o to assess an application by the individual for credit,

o to notify other credit providers of a default by the individual,

o to exchange information with other credit providers as to the status of the Buyer’s account where the individual is in default with other credit providers, and

o to assess the individual’s credit worthiness.

Obtaining information about individuals who are Directors of Buyers

Each individual who is a Director of the Buyer, and who has signed this Application, agrees that the Company may obtain information about the individual from a credit-reporting agency if the Company considers it relevant to the assessment of the Buyer's application for credit.

Obtaining information about individuals who are Guarantors

Each individual who is a Guarantor, and who has signed this Application, agrees that the Company may obtain information about the individual from a credit-reporting agency if the Company considers it relevant to the assessment of whether to accept the individual as a guarantor in respect of credit the Buyer has applied for or obtained.