Terms and Conditions

1. Definitions and Interpretation

1. “Ausdig” means Ausdig SA Pty Ltd, the hirer of equipment to the Hirer, and includes Ausdig’s successors or assigns.
2. “Hirer” means the person/s or company to whom the Equipment is hired by Ausdig and includes that party’s successors and
   permitted assigns.
3. “Hire Period” means from the commencement until the end of the period shown on the hire schedule, subject to any extension
   agreed by the Hirer and Ausdig or permitted by these terms and conditions.
4. “Contract Sum” refers to the amount for which Ausdig has agreed to provide or has agreed to arrange for the hiring of the
   Equipment.
5. “Equipment” means the goods provided by Ausdig to the Hirer specified in the Hire Schedule above or otherwise in by Ausdig
   to the Hirer.
6. “Services” means the hiring services provided by Ausdig to the Hirer specified herein or otherwise agreed.

2. Operation

1. These terms and conditions, including any price list, schedule, quotation, proposal, agreement, acknowledgement, invoice or any other referenced document incorporated and relevant to the hiring of the Equipment or provision of Services by Ausdig to the Hirer shall be all inclusive as part of the complete statement of Ausdig’s terms and conditions of conducting business with the Hirer.
2. Any agreement between the Hirer and Ausdig and any Services provided by Ausdig to the Hirer shall be upon these terms and conditions and shall operate to the exclusion of and override any terms/conditions to the contrary or inconsistent effect whatsoever, including those expressed in any tender documents, specifications, orders, acceptances, contracts and agreements or other documentation and shall supercede all prior arrangements, written or oral. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about this Contract, other than those warranties and representations expressed herein and implied by law. The Contract may only be amended in writing signed by the parties.
3. Ausdig’s hiring of the Equipment and the Hirer’ s acceptance of said Services will default to the terms and conditions of Ausdig not the Hirer even if the Hirer sends to Ausdig other contrary terms and conditions which Ausdig may or may not respond.
4. Ausdig reserves the right in its sole discretion to refuse hire orders from the Hirer.
5. The Hirer will accept the offer for the hiring of the Equipment and/or Services by either providing written acceptance of as set out in the Hire Schedule above or permitting Ausdig to commence any part of the hiring of the Equipment and/or Services (including preliminaries). Upon receipt of such written acceptance by Ausdig or commencement of any hiring of the Equipment and/or Services, a contract shall come into existence between Ausdig and the Hirer subject to these terms and conditions (‘the Contract’).
6. Ausdig will allow the Hirer to use the Equipment for the Hire Period.

3. Pricing

1. Unless otherwise specified in writing by Ausdig the price quoted or specified by Ausdig in any proposal shall remain in effect for thirty (30) days from the date of Ausdig’s proposal.
2. The Contract Sum will comprise the sum of the hire rate set out in the Hire Schedule above (price is subject to change) multiplied by the number of days in the Hire Period, as well as the price of any variation. All prices are in Australian Dollars (AUD) and are exclusive of GST or other taxes/duty except where the price is expressed to be inclusive of GST/taxes/duty.
3. Any milestone payment paid to Ausdig is non-refundable.
4. The parties may agree to vary the Services and such variation shall not vitiate the contract but Ausdig shall be entitled to claim payment for such variation at the current hire rate for the Equipment subject to the variation.
5. Ausdig will provide Services at their discretion during normal business hours as determined by Ausdig from time to time. Any Services provided outside of these hours will only be at the request of the Hirer and agreement of Ausdig and will be treated as a variation.
6. All prices quoted assume an asbestos free environment. Ausdig will not accept any responsibility for the resolution of any problems or delays or additional costs which may result from the presence of asbestos or asbestos contaminated materials in or around the site which the Equipment is delivered to.
7. Ausdig reserve the right to correct any clerical errors without notification.
8. The Hirer must provide the form of security (including but not limited to a director’s guarantee) specified by Ausdig (if any) as a condition precedent to the operation of the Contract. Ausdig may waive this requirement at their absolute discretion.

4. Goods and Services Tax (GST)

1. In these terms and conditions the expressions tax invoice, adjustment note, consideration, GST, supply, recipient and taxable supply have the same meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
2. If any amount payable under these terms and conditions is consideration for a Taxable Supply in respect of which the Hirer is liable to pay GST, the amount payable will be increased by the amount of the GST payable in respect of the Taxable Supply, and the additional amount will be payable at the same time as the consideration is payable.
3. If a Taxable Supply is made to which GST applies or is varied under these terms and conditions, Ausdig must provide the Hirer with a valid tax invoice or adjustment note at or before the time of any payment or variation being due, or within seven (7) days of Hirer request for a tax invoice.
4. Where the Commissioner of Taxation lawfully adjusts the value of a taxable supply under these terms and conditions, the Hirer will be liable for any such adjustment payable to Ausdig or conversely Ausdig will be liable to the Hirer as the case may be required.

5. Terms of Payment

1. The Contract Sum is an estimate only and is subject to change by variation.
2. The Hirer shall pay to Ausdig the Contract Sum which will be invoiced progressively by Ausdig for the portion of Services provided by way of progress claims at intervals notified by Ausdig.
3. Each invoice issued by Ausdig is to be paid by the Hirer within seven days.
4. Deduction for retention, security, liquidated damages or other conditions are not binding and will not be accepted by Ausdig unless specifically nominated by Ausdig in writing. The Hirer provides a corresponding indemnity.
5. All payment shall be made on or before the due date as a condition precedent to future supply of Services by Ausdig.
6. Where a Hirer defaults on payment pursuant to the terms and conditions herewith the Hirer shall indemnify Ausdig and be liable for all costs and expenses incurred in the recovery of monies due and payable, including but not limited to the fees of any mercantile agent or solicitor so engaged by Ausdig, or for enforcing the indemnity.
7. Without limiting any right or remedy to which Ausdig may be entitled, Ausdig may at their absolute discretion charge interest on overdue accounts from the date on which it became due until paid in full (including interest), calculated at 2% per annum above the current overdraft rate of Ausdig’s bankers prevailing at the time of being charged.
8. Where overdue interest is charged on outstanding balances it may be invoiced on a weekly basis and be due and payable within the terms and conditions as set out herein.
9. Any payment made by the Hirer will be credited first against any outstanding interest so accrued, the balance of payment, if any, will then be applied against overdue invoices.
10. Ausdig may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions taking place after notification of such alterations.
11. Ausdig reserves the right to suspend provision of Services without notice where Ausdig deems the Hirer’s is in default of the payment requirements in these terms.

6. Hirer Responsibilities

1. The Equipment subject to hire under this agreement is the equipment described overleaf and includes attachments, tools and accessories.
2. The Hirer shall at all times use the Equipment in a skilful, safe and proper manner and in accordance with all laws and regulations and in accordance with industry standards, manufacturer’s specifications and Ausdig’s directions and shall at their own expense clean and maintain the Equipment in good and substantial repair and condition.
3. The Hirer warrants that all persons who will operate and use the Equipment will be qualified and experienced operators of the Equipment and hold all relevant applicable licences and will be fully inducted with the proper use of the Equipment by the Hirer.
4. The Hirer is responsible for the accuracy and completeness of the information and data the Hirer supplies to Ausdig for use under these terms and conditions. The Hirer will respond quickly and in writing to any requests that Ausdig makes for information, directions or decisions and to provide true and accurate information.
5. As a condition of Ausdig’ provision of the Services, the Hirer shall perform their obligations as specified in any scoping document attached to these terms and conditions and/or agreed by the parties (at the cost of the Hirer).
6. The Hirer shall ensure it has and pay for all regulatory permits, approvals (eg Council) or building work approvals required to enable Ausdig to provide the Services, at the cost of the Hirer. Any extra work required or costs incurred by Ausdig to comply with Acts, By-Laws and/or Regulations will be treated as a variation payable by the Hirer.
7. The Hirer will arrange for the security of the Equipment during the Hire Period and shall ensure that Equipment provided by Ausdig from time to time shall be protected from damage caused by any person not being an employee or agent of Ausdig and the Hirer shall be responsible for any damage caused by such persons. / Full replacement or the value of will be reimbursed by the Hirer of any attachment / Equipment in the event it is lost or stolen or damaged to the point of no repair.
8. Should the provision of the Services be delayed or extended by the Hirer or by any other reason not being caused by an employee or agent of Ausdig, the Hirer shall reimburse or make good any loss or damage sustained by Ausdig in respect of additional expenses incurred by Ausdig.
9. The Hirer shall, where relevant, provide on request a suitably qualified or informed representative, agent or employee to accompany Ausdig and advise Ausdig on project requirements, access, security procedures and any other matter within the Hirer’s knowledge or control which will assist Ausdig in complying with its obligations under these terms.
10. The Hirer shall cooperate with Ausdig in providing the Services and shall provide free, unimpeded access to all areas and personnel (including executive and staff), in addition the Hirer agrees to provide Ausdig with safe and timely access and information reasonably necessary to the performance of the Services, whether or not defined in the proposal at no charge to Ausdig.
11. The Hirer shall conduct a thorough risk and hazard assessment, on each occasion prior to using the Equipment.
12. The Hirer shall not tamper with, damage or repair the Equipment; lose or part with possession of the Equipment; rely upon any representation relating to the Equipment or its operation other than those contained in this Contract; allow any person to drive a Motor Vehicle if the person does not hold a suitable licence to drive that class of Motor Vehicle or is affected by drugs and/or alcohol; exceed the recommended or legal load and capacity limits of the Equipment; use or carry any illegal, prohibited or dangerous substance in or on the Equipment; or exceed the recommended or legal speed limit for the Equipment.
13. The Hirer shall promptly report (and in any case within 2 business days) any incident or accident involving the Equipment to Ausdig.

7. Return of Equipment

1. The Hirer must on or before the expiration of the Hire Period or on termination by Ausdig return the Equipment to Ausdig clean, in good order and repair and in the same condition as it was at the commencement date, subject to reasonable fair wear and tear.
2. If the Hirer notifies Ausdig in writing that the Equipment is available for return at a particular place, Ausdig shall cause the Equipment to be picked up within five (5) days after receipt of such notification at the Hirer’s cost provided, the such place is within twenty five (50) kilometres of Ausdig’s postal address (as nominated by Ausdig from time to time).
3. If the Hirer does not return the Equipment as required by this clause within 8 hours of the Termination Date or termination by Ausdig:
   1. Ausdig will be entitled to enter the premises at which the Equipment is and repossess the Equipment. Repossession of the Equipment will not constitute a waiver of any claims.; and
   2. The Hire Period is deemed to be extended until the time at which the Equipment is returned to or repossessed by Ausdig, and the Hirer will continue to pay Ausdig the hire amount until the Equipment has been returned to or repossessed by Ausdig. Ausdig is authorised to charge or debit any additional rental amount payable for the extended Hire Period in accordance with the payment details provided together with any recovery and repossession costs.
4. If Equipment is lost or damaged requiring replacement, hire charges shall cease only when the Hirer pays Ausdig for the Value of such loss or damaged Equipment. In addition to any hire charges the Hirer shall be responsible for all freight and other charges, costs and damages.
5. The Hirer will pay any applicable delivery and return fees.
6. On return or on pickup of the Equipment, the Hirer must refuel all Equipment if applicable. If the Hirer does not fuel up the Equipment Ausdig will charge a rate of $2.80 per litre to refuel the Equipment to maximum fuel capacity.

8. Breakdown

1. the Hirer’s expense and on no account shall he repair or attempt to repair the Equipment.
2. If the Hirer (including its employees and subcontractors) is responsible for a requirement to repair the Equipment, the Hire Period shall extend until the Equipment has been repaired or replaced, and the cost of the repair or replacement will be paid for by the Hirer.

9. Additional Terms for Wet Hire

Hire of Wet Equipment (as designated by Ausdig from time to time) is subject to the following additional conditions:

1. All location specific requirements including but not limited to safety inspections, testing, cleaning and decontamination at the location are at the Hirer’s expense;
2. Only Ausdig’s operators may operate or service the Wet Equipment;
3. Ausdig’s operator is subject only to reasonable direction by the Hirer as to the nature of the works performed with the Equipment. Methodology, timing and sequencing is at the absolute discretion of Ausdig;
4. Wet Equipment hire will be subject to the following cost structure:
   1. Minimum daily charge of 4 hours for labour and Equipment hire at the rates specified by Ausdig (subject to change by notice). If Ausdig’s operator attends or travels towards site (despite inclement weather), this minimum charge will be payable at Ausdig’s discretion.
   2. Any hours spent by Ausdig’s operator in excess of four hours on site will be charged at the labour and equipment hire rate specified by Ausdig (subject to change by notice).
   3. Ausdig’s operator’s time spent in the site inductions, site meetings, administration and site breaks is at the Hirer’s expense
   4. Any work outside of normal work hours (7am-6pm Monday-Friday) will be subject to overtime labour rates (x1.5 for the first two hours, x2 for any time after that)
   5. Fuel is to be supplied or paid for by the Hirer unless there is an agreement to the contrary between the parties.

10. Delivery and Risk

1. Delivery times quoted by Ausdig are estimates only and are subject to the availability of full information from the Hirer, equipment availability and access to site to enable the Services to be provided. Ausdig reserves the right to extend or amend delivery times and dates at their discretion. Ausdig takes no responsibility or liability for any delay or postponement where circumstances affecting delivery (whether wholly or in part) are out of Ausdig’s control (including but not limited to project delays, supply or material delays, transportation or delivery issues, a failure to provide instructions or provision of instructions, industrial dispute, weather event or force majeure), nor will Ausdig be liable for any damage or loss (either direct or indirect) caused by any delay or postponement of delivery or use of the Equipment. In the event of any such delay, the delivery date and/or the Hire Period herein shall be extended by a period equal to the time of such delay, at the discretion of Ausdig.
2. Delivery of Equipment is deemed to take place at the time the Equipment is brought to the notified premises of the Hirer, regardless of when the Equipment is received by the Hirer.
3. Risk of loss and full responsibility in respect of the Equipment shall pass to the Hirer upon delivery of Equipment by Ausdig or collection by the Hirer (or Hirer agent) and until picked up and removed from the Hirer’s premises by Ausdig.

11. Retention of Title and PPSA

1. Exclusive legal and beneficial ownership of the Equipment remains with Ausdig for all purposes and nothing in this agreement conveys a proprietary interest in the Equipment to the Hirer.
2. The Hirer must ensure that the Equipment is stored at the Hirer’s place of business (or elsewhere so nominated) and satisfactorily marked by the Hirer in such a manner so as to render the Equipment readily identifiable as the property of Ausdig.
3. The Hirer may use (unless expressly advised otherwise or if the Hirer is in breach of these terms and conditions) the Equipment in the normal course of the Hirer’s business.
4. The Hirer must not grant any other party any interest in or charge over the Equipment.
5. Ausdig may regain possession in the event of the Hirer’s default under these terms. The Hirer gives permission for Ausdig to enter the Hirer’s property (or agent property) to ascertain and take possession of the Equipment.
6. Notwithstanding any clause contained within these terms and conditions, Ausdig and the Hirer agree the terms Collateral, Debtor, Financing Change Statement, Financing Statement, Grantor, Proceeds, Secured party, Security Agreement and Security Interest have the meanings given in the Personal Property Securities Act 2009 (Cth) (‘PPSA’).
7. The Hirer hereby acknowledges and agrees that these terms and conditions of Ausdig constitutes a Security Agreement that covers the Collateral for the purposes of the PPSA which creates a security interest in favour of Ausdig (as Secured Party) over all of the present and after acquired Equipment supplied by Ausdig to the Hirer and any related proceeds (Collateral).
8. Any hire by the Hirer on credit terms from Ausdig or retention of title supply pursuant to this clause will constitute a purchase money security interest (PMSI) as defined under section 14 of the PPSA and the Hirer agrees to grant a PMSI to Ausdig. In addition the Hirer agrees to do all things necessary and execute all documents reasonably required by Ausdig to register the PMSI granted by the Hirer under these terms and conditions and to ensure that Ausdig acquire a perfected security interest in the Equipment under the PPSA.
9. The PMSI granted herein will continue to apply to any Services or related proceeds.
10. The security interests arising under this clause attach to the Equipment when the Hirer obtains possession of the Equipment. In addition the Hirer and Ausdig agree and confirm that they have not agreed that any security interests arising under this clause attach at any later time.
11. Any Ausdig security interest will be a continuing and subsisting interest in the Collateral with priority to the fullest extent permitted by law over all registered or unregistered Security Interest.
12. The Hirer agrees that it will keep the Equipment free and ensure all such Equipment are kept free of any charge, lien or security interest and not otherwise deal with the Equipment in a way that will or may prejudice any rights of Ausdig under these terms and conditions or the PPSA; and in addition to any other rights under these terms and conditions or otherwise arising, Ausdig may exercise any and all remedies afforded to it as a Secured Party under Chapter 4 of the PPSA including, without limitation, free and immediate entry into any building or premises owned, occupied or used by the Hirer, to search for and seize, dispose of or retain the Equipment in respect to which the Hirer has granted a security interest to Ausdig.
13. The Hirer consents to Ausdig effecting a registration of a financing statement and/or a financing change statement on the PPSA register (in any manner Ausdig considers appropriate) in relation to any security interest contemplated by these terms and conditions and the Hirer agrees to promptly sign any further documents and provide all assistance reasonably required to facilitate this at the Hirer’s expense to perfect and maintain the perfection of Ausdig security interest.
14. The Hirer also indemnifies (and if requested reimburse) Ausdig for all expenses that Ausdig incur in registering a Financing Statement or Financing Change Statement or releasing Equipment charged by such a statement and will not register or permit to be registered a Financing Statement or a Financing Change Statement in any goods in which Ausdig have a security interest without Ausdig’s prior written consent.
15. The Hirer agrees to give Ausdig 14 days prior written notice of any change in name, business practice or any other details, and use best endeavours to ensure that any applicable Financing Change statement is registered disclosing the Hirers new details.
16. The Hirer agrees to waive its right to receive a verification statement confirming registration of a financing statement or a financing change statement relating to any security interest arising in connection with the supply of present and acquired Services from Ausdig.
17. The Hirer agrees to waive the right to receive a notice of Ausdig’s proposal to remove or retain personal property that has become an accession in accordance with sections 95; section 130 and section 135 of the PPSA.
18. Ausdig is under no obligation and the Hirer waives the right to receive details of any amounts paid to other secured parties in a statement of account provided by Ausdig under section 132 of the PPSA, nor is Ausdig under any obligation to dispose of or retain any secured property so seized within a reasonable time under section 125 of the PPSA.
19. Following a default the Hirer has no rights to redeem the secured property under section 142 of the PPSA and also has no rights to reinstate this agreement following a default under section 143 of the PPSA.
20. The Hirer undertakes to be responsible for the full costs incurred by Ausdig (including actual legal fees and disbursements on a solicitor and client basis) in obtaining an order pursuant to section 182 of the PPSA and the Hirer waives any rights it may have under section 115 of the PPSA upon enforcement.

12. Defects

If the Hirer believes the Equipment is defective they must notify Ausdig in writing and request Ausdig to rectify the defects. The following procedure will apply in respect to any alleged defect:

1. The Hirer must provide written notice to Ausdig within seven (7) days of becoming aware of the alleged defect;
2. The Hirer must permit Ausdig reasonable access to the premises and reasonable time to investigate the alleged defects;
3. If Ausdig determines (such determination being at their absolute discretion) that the Services are defective, they will repair the defects within seven (7) days of completing their investigation or as agreed between the parties. The Hirer will give Ausdig reasonable access during working hours to undertake any work required.

If the Hirer does not comply with the requirements of this clause, such conduct will constitute an absolute waiver of any right or claim to rectification, compensation, restitution or other remedy at law or equity (including but not limited to under the Contract or statute), to the extent permitted by law and the Hirer provides Ausdig with a corresponding indemnity.

13. Limitation of Liability

1. Ausdig does not warrant the fitness of the Equipment to perform any particular job or function. The Hirer acknowledges and agrees that they have relied solely on their own judgement and expertise in this regard prior to signing this agreement and/or accepting delivery of the Equipment. The Hirer acknowledges they have not communicated to Ausdig the particular use to which he intends to put the Equipment.
2. The Hirer acknowledges that in entering into an agreement with Ausdig, it will be relying upon its own experience, skill and judgement to evaluate any conclusion or recommendations made by Ausdig in the course of providing the Services and that it will satisfy itself as to the suitability of any such conclusions or recommendations to meet its requirements.
3. The Hirer acknowledges that Ausdig’ liability under any statutory right or condition or warranty implied by any state Fair Trading Act or the Competition and Consumer Act 2009 (Cth) is to the extent permitted by law limited at the option of Ausdig to, at Ausdig’ sole discretion, either the supply of the Services again; or the payment of the reasonable cost of having the services supplied again.
4. The Hirer acknowledges that they have been notified of the potential risks associated with the Services and accept such risks. Ausdig will not accept liability in respect to any damage to the Hirer’s property (except in respect to gross negligence or wilful damage), and the Hirer provides Ausdig with a corresponding indemnity.
5. Ausdig shall not be responsible for any incorrect information or misrepresentations made by the Hirer or any third party used by the Hirer and specifically disclaims any liability in respect of digging around or near services or high risk activities associated with the Equipment and/or Services. The Hirer has and assumes all such liability and responsibility.
6. In the event that the Hirer suffers any loss or damage as a result of the conduct of Ausdig or any other party, Ausdig’s obligations and liability shall be limited to (so far as permitted by law) compensation to the value of 10% of the Contract Sum. Any claim for liquidated damages by the Hirer against Ausdig is specifically excluded from the Contract and the Hirer provides a corresponding indemnity. Ausdig is not liable for any personal injury, incidental damages, consequential or indirect loss arising out of the Services. To the extent permitted by law, the Hirer indemnifies Ausdig in respect of all claims, expenses and liabilities whatsoever which may be made against Ausdig in respect of the Services, except insofar as such claim arises from Ausdig’s gross negligence or breach of contract and consistent with the application of this subclause.

14. Indemnity

1. The Hirer shall indemnify and promptly compensate Ausdig for the full amount of any loss or damage caused by the Hirer (including its employees and subcontractors), that is incurred or likely to be incurred by Ausdig in respect of the Equipment.
2. The Hirer is liable for and indemnifies Ausdig in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment:
   1. limited by clause 13 above (to the extent it exists or is alleged to exist beyond the limitation); or
   2. which Ausdig suffers, incurs or is liable for as a result of or in respect to breach of the Contract, or any wrongful act or omission by the Hirer (including but not limited to negligence, misrepresentation, unlawful conduct and wilful misconduct).

15. Termination

1. Without limiting the generality of any other clause or those clauses intended to survive these terms and conditions, Ausdig may terminate this agreement immediately by notice to the Hirer if:
   1. any payment due from the Hirer to Ausdig pursuant to the terms and conditions remains unpaid for a period of 7 days;
   2. the Hirer breaches any clause of these terms and such breach is not remedied within 7 days of written notice from Ausdig;
   3. the Hirer restructures its business, reallocates or reassigns its own personnel or otherwise creates a situation in which Ausdig, in its opinion, is no longer able to provide the services in an efficient and cost effective manner.
   4. the Hirer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
   5. the Hirer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
   6. the Hirer, being a natural person, dies; or
   7. the Hirer ceases or threatens to cease conducting its business in the normal manner.
2. Ausdig may terminate the Contract by written notice for any reason, by giving written notice of not less than 7 days.
3. If Ausdig terminates this agreement pursuant to clause 15.a) above, it may apply or set off any money held or owing to the Hirer for the purposes of reasonably making good any breach of the Hirer. Should the amount be insufficient to cover such costs to rectify the breach of the Hirer, the excess amount will be recoverable from the Hirer as a debt.
4. Termination of the Contract will not affect any rights or obligations accrued or intended to survive termination,and will not constitute a waiver of any claims. For the sake of clarity, if the Contract is terminated, the Hirer must pay Ausdig for the proportion and value of the Services provided.

16. Miscellaneous

1. A dispute may be raised by either party in writing to the other party. A representative of both parties are to meet within 7 days of the notice to resolve or determine a resolution process. Should the dispute remain unresolved either party may then by written notice to the other instigate mediation or arbitration.
2. A party to this agreement may only assign, charge or deal with its rights or obligations under this Agreement with and to the extent of the written consent of the other party, which will not be unreasonably withheld.
3. This agreement is governed by the laws of South Australia and the Hirer irrevocably submits to the exclusive jurisdiction of the courts of South Australia.
4. Notices must be in writing and in English, may be given by an authorised representative of the sender and may be given by leaving it at the address last notified, by sending it by pre-paid mail to the address last notified or by sending it by facsimile to the facsimile number last notified and then confirming it by pre-paid mail to the address last notified. Notice is deemed to be received when left at the notified address; if sent by pre-paid mail, on the third Business Day after posting; and if sent by facsimile and confirmed by pre-paid mail, at the time and on the day shown in a sending machine’s transmission report.
5. The Hirer acknowledges that they have been given the opportunity to get professional advice in relation this agreement and further acknowledges that it understands the within obligations and effects prior to entering into this agreement.
6. A failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy created or arising upon default under this agreement, does not result in a waiver of that right, power, authority, discretion or remedy. The continued operation of these terms and conditions shall not be affected by any repudiation of any contract or transaction relating to the Services between Ausdig and the Hirer.
7. Each party must pay their own costs of negotiating and preparing this Agreement and any document required by this Agreement and in the performance of their obligations under this Agreement.
8. The person signing the document for and on behalf of the Hirer hereby agrees with Ausdig that he or she has the authority of the Hirer to make the agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this agreement and hereby indemnifies Ausdig against all losses and costs incurred by Ausdig arising out if the person signing this agreement failing to have such power and/or authority.