1. Definitions

1.1         “CRH” means CRH Australia Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of CRH Australia Pty Ltd.

1.2         “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally (where the context so permits, the term ‘Client’ shall also mean the Client’s duly authorised representative).

1.3         “Goods” means all Goods or Services supplied by CRH to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4         “Price” means the Price payable (plus any Goods and Services Tax (GST) where applicable) for the Goods as agreed between CRH and the Client in accordance with clause 5 below.

1.5         GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

2.1         The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.

2.2         These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and CRH.

2.3         Where CRH has been engaged under this contract to supply Goods only, CRH, does not warrant or guarantee the accuracy or completeness of any information provided by the Client. The Client undertakes that all matters relevant to the supply of the Goods hereunder are to the Client’s satisfaction, and in doing so, the Client acknowledges that in deciding to purchase the Goods hereunder that:

(a)  they have relied on their own skill, inspection and judgement;

(b)  they have not relied on any statement made by CRH or its employees or agents;

(c)   they assume the risk of mistake in relation to the information provided.

2.4         Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act

3. Change in Control

3.1         The Client shall give CRH not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by CRH as a result of the Client’s failure to comply with this clause.

4. Authorised Representatives

4.1         Unless otherwise limited as per clause 4.2, the Client agrees that should the Client introduce any third party to CRH as the Client’s duly authorised representative, that once introduced that person shall have the full authority to act on behalf of the Client under this contract; such authority shall continue until the time that the Client notifies CRH otherwise that the said person is no longer the Client’s duly authorised representative.

4.2         In the event that the Client’s duly authorised representative, as per clause 4.1, is to have only limited authority to act on the Client’s behalf, then the Client must specifically and clearly advise CRH in writing of the parameters of the limited authority granted to that authorised representative.

4.3         The Client specifically acknowledges and accepts that they will be solely liable to CRH for all additional costs incurred by CRH (including CRH profit margin) in providing Goods and and/or Services requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any)).

5. Price and Payment

5.1         At CRH’s sole discretion the Price shall be:

(a)  as indicated on any invoice, estimate or sales order form provided by CRH to the Client;

(b)  the Price as at the date of delivery of the Goods according to CRH’s current price list;

(c)   CRH’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.

5.2         CRH reserves the right to change the Price:

(a)  if a variation to CRH’s quotation is requested; or

(b)  if unforeseen circumstances, unidentifiable difficulties or delays which are beyond CRH’s control occur (including, but not limited to, change of design, any prerequisite services by any third party not being carried out substantially or at all, availability of machinery, limitations to accessing the site where the Goods are to be supplied, inclement weather etc.) which are only discovered on commencement of the Services; or 

(c)   in the event of increases to CRH in the cost of Goods and/or Services (including but not limited to variations in foreign currency rates of exchange, labour costs, freight costs, insurance costs etc.).

5.3         Variations will be charged for on the basis of CRH’s quotation, and will be detailed in writing, and shown as variations on CRH’s invoice. The Client shall be required to respond to any variation submitted by CRH within ten (10) working days. Failure to do so will entitle CRH to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

5.4         At CRH’s sole discretion, a non-refundable deposit may be required.

5.5         Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date(s) determined by CRH, which may be:

(a)  before delivery of the Goods or supply of the Services;

(b)  upon delivery of the Goods or supply of the Services;

(c)   by way of instalments/progress payments in accordance with the Client’s payment schedule;

(d)  the date which is thirty (30) days following the end of the month of the date specified on any invoice given to the Client by CRH, unless otherwise agreed to between both parties;

(e)  failing any notice to the contrary, the date specified on any invoice or other form as being the date for payment.

5.6         Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and CRH.

5.7         The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by CRH nor to withhold payment of any invoice because part of that invoice is in dispute.

5.8         Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to CRH an amount equal to any GST CRH must pay for any supply by CRH under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods

6.1         Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a)  the Client or the Client’s nominated carrier takes possession of the Goods at CRH’s address; or

(b)  CRH (or CRH’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

6.2         Where the Client nominate’s a carrier, the Client must advise us of the same in writing. In the absence of written notification, CRH will choose a carrier on behalf of the Client.

6.3         At CRH’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

6.4         CRH may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6.5         Any time specified by CRH for delivery of the Goods is an estimate only and CRH will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that CRH is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then CRH shall be entitled to charge a reasonable fee for redelivery and/or storage.

7. Risk

7.1         Risk of damage to or loss of the Goods passes to the Client upon Delivery and the Client must insure the Goods on or before Delivery.

7.2         If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, CRH is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by CRH is sufficient evidence of CRH rights to receive the insurance proceeds without the need for any person dealing with CRH to make further enquiries.

7.3         If the Client requests CRH to leave Goods outside CRH’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

7.4         The Client acknowledges and agrees that it is their responsibility to organise and be liable for all costs associated with protecting the Goods and shall take all reasonable precautions to protect against destruction or damage howsoever caused. In the event that the Goods are destroyed or damaged, then the cost of repair or replacement shall be borne by the Client.

7.5         The Client warrants that the structure of the premises or equipment in or upon which the Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and CRH shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.

7.6         CRH shall not be liable for any defect or damage resulting from incorrect or faulty installation of the Goods by any third party.

7.7         The Client acknowledges that CRH is only responsible for parts that are replaced/supplied by CRH and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Client agrees to indemnify CRH against any loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising.

7.8         Where the Client has supplied any materials for CRH to complete the Goods and/or Services under this contract, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. CRH shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the use of materials supplied by the Client.

7.9         The Client acknowledges that variations of colour and texture are inherent in Goods and CRH shall not be liable for any loss, damage or costs howsoever arising resulting from any variation of the colour or texture between different batches of product.

7.10       Detailed drawings of any services that will be embedded in the Goods are to be provided to CRH prior to commencement of any Services. Whilst all due care will be taken no liability will be accepted by CRH for damage to the services or any other element embedded in the Goods.

7.11       Where CRH gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of the worksite for the installation of the Goods, and such advice or recommendations are not acted upon, then CRH shall require the Client to authorise commencement of the provision of any Goods/Services in writing. CRH shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement.

7.12       CRH shall not be liable for any defect in the Goods/Services if the Client does not follow CRH’s recommendations.

8. Accuracy of Client’s Plans and Measurements

8.1         Where the Client provides CRH with any design specifications or any other information or data relating to the Goods (including but not limited to CAD drawings, plans, specifications, measurements, quantities etc.):

(a)  it is the Client’s responsibility to verify the accuracy of the information before the Client or CRH places an order based on the information. CRH accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause;

(b)  CRH shall be entitled to rely on the accuracy of such information. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, CRH accepts no responsibility for any loss, damages, or costs however resulting therefrom.

9. Compliance and Consents

9.1         The Client and CRH shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods and/or Services, including any work health and safety (WHS) laws and any other relevant safety standards or legislation.

9.2         The Client shall obtain (at the expense of the Client) all licenses, permits, approvals etc. that may be required for the supply of Goods and/or Services under this contract.

10. Title

10.1       CRH and the Client agree that ownership of the Goods shall not pass until:

(a)  the Client has paid CRH all amounts owing to CRH; and

(b)  the Client has met all of its other obligations to CRH.

10.2       Receipt by CRH of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

10.3       It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 10.1:

(a)  the Client is only a bailee of the Goods and must return the Goods to CRH on request.

(b)  the Client holds the benefit of the Client’s insurance of the Goods on trust for CRH and must pay to CRH the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed. 

(c)   the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for CRH and must pay or deliver the proceeds to CRH on demand.

(d)  the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of CRH and must sell, dispose of or return the resulting product to CRH as it so directs.

(e)  the Client irrevocably authorises CRH to enter any premises where CRH believes the Goods are kept and recover possession of the Goods.

(f)    CRH may recover possession of any Goods in transit whether or not delivery has occurred.

(g)  the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of CRH.

(h)  CRH may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

11. Personal Property Securities Act 2009 (“PPSA”)

11.1       In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

11.2       Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Client to CRH for Services – that have previously been supplied and that will be supplied in the future by CRH to the Client.

11.3       The Client undertakes to:

(a)  promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CRH may reasonably require to:

(i)    register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii)   register any other document required to be registered by the PPSA; or

(iii)  correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);

(b)  indemnify, and upon demand reimburse, CRH for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c)   not register a financing change statement in respect of a security interest without the prior written consent of CRH;

(d)  not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of CRH;

(e)  immediately advise CRH of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

11.4       CRH and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

11.5       The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

11.6       The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

11.7       Unless otherwise agreed to in writing by CRH, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

11.8       The Client shall unconditionally ratify any actions taken by CRH under clauses 11.3 to 11.5.

11.9       Subject to any express provisions to the contrary (including those contained in this clause 11) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

12. Security and Charge

12.1       In consideration of CRH agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

12.2       The Client indemnifies CRH from and against all CRH’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising CRH’s rights under this clause.

12.3       The Client irrevocably appoints CRH and each director of CRH as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.

13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

13.1       The Client must inspect all Goods on delivery (or the Services on completion) and must within seven (7) days of delivery notify CRH in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow CRH to inspect the Goods or to review the Services provided.

13.2       Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

13.3       CRH acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

13.4       Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, CRH makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Services. CRH’s liability in respect of these warranties is limited to the fullest extent permitted by law.

13.5       If the Client is a consumer within the meaning of the CCA, CRH’s liability is limited to the extent permitted by section 64A of Schedule 2.

13.6       If CRH is required to replace any Goods under this clause or the CCA, but is unable to do so, CRH may refund any money the Client has paid for the Goods.

13.7       If CRH is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then CRH may refund any money the Client has paid for the Services but only to the extent that such refund shall take into account the value of Services and Goods which have been provided to the Client which were not defective.

13.8       If the Client is not a consumer within the meaning of the CCA, CRH’s liability for any defect or damage in the Goods is:

(a)  limited to the value of any express warranty or warranty card provided to the Client by CRH at CRH’s sole discretion;

(b)  limited to any warranty to which CRH is entitled, if CRH did not manufacture the Goods;

(c)   otherwise negated absolutely.

13.9       Where a Client has cause to make a warranty claim on any Goods supplied by CRH, the warranty extends only to the manufacturer’s warranty and does not include CRH’s labour costs. Any such costs would need to be agreed upon by the parties in accordance with clause 5.

13.10    Subject to this clause 13, returns will only be accepted provided that:

(a)  the Client has complied with the provisions of clause 13.1; and

(b)  CRH has agreed that the Goods are defective; and

(c)   the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(d)  the Goods are returned in as close a condition to that in which they were delivered as is possible.

13.11    Notwithstanding clauses 13.1 to 13.10 but subject to the CCA, CRH shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  the Client failing to properly maintain or store any Goods;

(b)  the Client using the Goods for any purpose other than that for which they were designed;

(c)   the Client continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  interference with the Services by the Client or any third party without CRH’s prior approval;

(e)  the Client failing to follow any instructions or guidelines provided by CRH;

(f)    fair wear and tear, exposure to weather conditions over time, any accident, misuse, abuse, negligence, vandalism, alteration, modification;

(g)  faulty power supply, power failure, electrical strikes or surges, act of God (including but not limited to, lightning, flood, storm, extreme heat, fire, acidic or salty air or other occurrences) outside the control of CRH.

13.12    CRH may in its absolute discretion accept non-defective Goods for return in which case CRH may require the Client to pay handling fees of up to twenty-five percent (25%) of the value of the returned Goods plus any freight costs.

14. Intellectual Property

14.1       Where CRH has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of CRH. Under no circumstances may such designs, drawings and documents be used without the express written approval of CRH.

14.2       The Client warrants that all designs, specifications or instructions given to CRH will not cause CRH to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify CRH against any action taken by a third party against CRH in respect of any such infringement.

14.3       The Client agrees that CRH may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which CRH has created for the Client.

15. Default and Consequences of Default

15.1       Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at CRH’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

15.2       If the Client owes CRH any money the Client shall indemnify CRH from and against all costs and disbursements incurred by CRH in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CRH’s contract default fee, and bank dishonour fees).

15.3       Further to any other rights or remedies CRH may have under this contract, if a Client has made payment to CRH, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by CRH under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

15.4       Without prejudice to CRH’s other remedies at law CRH shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to CRH shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to CRH becomes overdue, or in CRH’s opinion the Client will be unable to make a payment when it falls due;

(b)  the Client has exceeded any applicable credit limit provided by CRH;

(c)   the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

16. Cancellation

16.1       Without prejudice to any other remedies CRH may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions CRH may suspend or terminate the supply of Goods to the Client. CRH will not be liable to the Client for any loss or damage the Client suffers because CRH has exercised its rights under this clause.

16.2       CRH may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice CRH shall repay to the Client any money paid by the Client for the Goods. CRH shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.3       In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by CRH as a direct result of the cancellation (including, but not limited to, any loss of profits).

17. Dispute Resolution

17.1       If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:

(a)  referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

(b)  conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

18. Building and Construction Industry Security of Payment Act 2002

18.1       At CRH’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.

18.2       Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

19. Privacy Act 1988

19.1       The Client agrees for CRH to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by CRH.

19.2       The Client agrees that CRH may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a)  to assess an application by the Client; and/or

(b)  to notify other credit providers of a default by the Client; and/or

(c)   to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

(d)  to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

19.3       The Client consents to CRH being given a consumer credit report to collect overdue payment on commercial credit.

19.4       The Client agrees that personal credit information provided may be used and retained by CRH for the following purposes (and for other agreed purposes or required by):

(a)  the provision of the Good/Services; and/or

(b)  analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Good/Services; and/or

(c)   processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d)  enabling the collection of amounts outstanding in relation to the Good/Services.

19.5       CRH may give information about the Client to a CRB for the following purposes:

(a)  to obtain a consumer credit report;

(b)  allow the CRB to create or maintain a credit information file about the Client including credit history.

19.6       The information given to the CRB may include:

(a)  personal information as outlined in 19.1 above;

(b)  name of the credit provider and that CRH is a current credit provider to the Client;

(c)   whether the credit provider is a licensee;

(d)  type of consumer credit;

(e)  details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f)    advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and CRH has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);

(g)  information that, in the opinion of CRH, the Client has committed a serious credit infringement;

(h)  advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

19.7       The Client shall have the right to request (by e-mail) from CRH:

(a)  a copy of the information about the Client retained by CRH and the right to request that CRH correct any incorrect information; and

(b)  that CRH does not disclose any personal information about the Client for the purpose of direct marketing.

19.8       CRH will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

19.9       The Client can make a privacy complaint by contacting CRH via e-mail. CRH will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

20. General

20.1       The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

20.2       These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the Melbourne Courts in that state.

20.3       Subject to clause 13, CRH shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by CRH of these terms and conditions (alternatively CRH liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

20.4       CRH may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.

20.5       The Client cannot licence or assign without the written approval of CRH.

20.6       CRH may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of CRH’s sub-contractors without the authority of CRH.

20.7       The Client agrees that CRH may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for CRH to provide Goods to the Client.

20.8       Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

20.9       Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.