TERMS AND CONDITIONS OF SUPPLY
These T&Cs, and no terms and conditions of the Customer, will apply to any order for and any supply of Goods by the Supplier to the Customer.
2.Order for Goods / Services
2.1Any quotation by the Supplier does not constitute an offer to supply.
2.2Unless otherwise stated by the Supplier, any quotation by the Supplier will remain valid for 30 days from the date of the quotation provided
that the Supplier may withdraw or vary a quotation at any time prior to the Supplier’s acceptance of an Order.
2.3Any Order by the Customer to the Supplier and/or any acceptance of any Goods by the Customer will constitute agreement to these T&Cs
by the Customer.
2.4No Order by the Customer will be binding on the Supplier unless the Supplier accepts the Order.
2.5If the Supplier accepts an Order, the parties will have created a binding Contract and the Supplier will supply the Goods to the Customer,
and the Customer will pay the Price to the Supplier in accordance with the terms of the Contract (which will include these T&Cs).
2.6The Customer is not entitled to cancel any Order or Contract and must pay to the Supplier any costs associated with the Customer purporting
to cancel any Order or Contract.
2.7The Customer must provide to the Supplier all information, instructions, and facts relevant to the Goods at the time the Customer requests
any quotation from the Supplier and prior to providing any Order to the Supplier.
2.8If at any time the Supplier considers that any information, instructions or facts provided by the Customer to the Supplier are not
sufficient to enable the Supplier to supply the Goods to the Customer in accordance with the Contract, the Customer must, at the Customer’s
cost, provide such further information, documents or assistance as the Supplier considers reasonably necessary.
2.9The Supplier will be entitled to rely on the accuracy of any information, instructions, reports, plans, specifications, and facts provided
by the Customer.
2.10If there are any errors in any information, instructions or facts provided by the Customer to the Supplier, the Supplier will, in
addition to the Supplier’s other rights under these T&Cs or at law, be entitled to vary the Price.
2.11The Customer must ensure the specifications and properties of Goods stated in any Order by the Customer will be fit for the intended
purpose of the Goods.
2.12The Customer will be responsible for the quantity of any Goods in any Order and the Supplier will not have any liability to the
Customer if there is any excess or shortfall of the Goods for the intended purpose.
2.13The Supplier may cancel any Contract at any time prior to delivery of the Goods with no liability other than to repay any amount of the
Price paid in advance of the cancellation.
3.Price and payment
3.1Unless otherwise agreed by the Supplier in writing, and at the Supplier’s sole discretion, the Price will be either as indicated on
any invoice provided by the Supplier to the Customer or the Supplier’s quoted price which will be valid for a period of thirty (30 days)
from the date of the quote subject to variation (whether before or after the acceptance of an Order or before or after the formation of a
Contract or during the term of a Contract).
3.2Time for payment for the Goods being of the essence, the Price will be payable by the Customer on date/s determined by the
Supplier in its sole discretion, which may be:
(a)on delivery of the Goods;
(b)before delivery of the Goods;
(c)within 30 days from the date of an invoice issued by the Supplier;
(d)within 30 days after the end of the month in which the Goods are supplied to the Customer;
(e)the date specified on any invoice or other form as being the date for payment; or
(f)failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Supplier.
3.3Unless otherwise agreed by the Supplier in writing, the Supplier may invoice the Customer for Goods on the date the Supplier supplies the Goods.
3.4Unless otherwise stated by the Supplier in writing, the Price is exclusive of any delivery charges and exclusive of GST.
3.5The Customer must not withhold, make deductions from, or set-off, payment of any money owed to the Supplier for any reason.
3.6The Supplier may charge, in addition to the Price, any other fees, charges and surcharges that the Supplier notifies to the
Customer from time to time.
3.7If the Customer defaults in payment by the due date of any amount payable to the Supplier, then all money which would become payable by
the Customer to the Supplier at a later date on any account, becomes immediately due and payable without the requirement of any notice to
the Customer, and the Supplier may, without prejudice to any of its other accrued or contingent rights:
(a)charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic)
plus 2% for the period from the due date until the date of payment in full;
(b)charge the Customer for all expenses and costs (including without limitation all legal costs and expenses and mercantile agent’s commissions)
incurred by it in taking whatever actions it deems appropriate to recover any sum due;
(c)cease or suspend supply of goods or services to the Customer without liability to the Customer or any third party for any loss or damage
whether directly or consequentially;
(d)by written notice to the Customer, terminate any uncompleted contract with the Customer;
(e)enforce any security granted by the Customer to the Supplier in these T&Cs.
4.Delivery of Goods
4.1If the Supplier agrees to deliver Goods:
(a)the Supplier will charge delivery charges, demurrage, waiting time and other charges in the Supplier’s price list or otherwise
nominated by the Supplier from time to time;
(b)the Supplier will endeavour to deliver the Goods to the any delivery address on the Delivery Date; and
(c)the Supplier may charge further delivery charges if the Customer is unable to receive delivery of the Goods at any delivery address
or on the Delivery Date or in accordance with any other delivery arrangements.
4.2The Supplier will only deliver Goods during the Supplier’s usual business hours unless the Supplier agrees otherwise in writing.
4.3The Supplier will not be liable for any delay in the delivery of Goods to the Delivery Address.
4.4The Customer will ensure a member of the Customer’s Personnel will be at any delivery address on the Delivery Date to sign the delivery
docket on the Customer’s behalf.
4.5The Supplier may deliver Goods to a delivery address regardless of whether there is anyone at the address at the time of delivery.
4.6The Customer agrees:
(a)the Supplier’s responsibility for delivery of Goods will cease at the kerbside or public roadway frontage of any delivery address;
(b)the Customer must provide safe access for delivery of Goods including but not limited to providing safety measures such as traffic control; and
(c)the Supplier may refuse to deliver Goods, and return the Goods at the Customer’s cost, if the Supplier or a member of the Supplier’s
Personnel considers it would be unsafe to deliver the Goods.
4.7The signature of a member of the Customer’s Personnel on the delivery docket will represent the Customer’s acknowledgement that the Goods
comply with the Contract and these T&Cs.
4.8The Customer must inspect any Goods immediately on collection or delivery of the Goods.
5.1Risk in the Goods will pass to the Customer, and the Customer will be deemed to have accepted the Goods, immediately when the Goods are
delivered to the Customer.
5.2If the Customer agrees to collect the Goods, the risk in the Goods will pass to the Customer, and the Customer will be deemed to have
accepted the Goods, immediately when the Goods are placed on any vehicle or means of conveyance.
5.3If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled
to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient
evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make
6.1The Customer will not receive title to Goods until the Customer makes full payment of the Price and any other amounts payable to the
Supplier (including full payment of the Price for any Services provided by the Supplier to the Customer which relate to Goods
acquired by the Customer).
(a)be only a bailee of the Goods;
(b)ensure the Goods are kept separate and identifiable from other goods;
(c)not grant any charge over, or interest in, the Goods to any third party;
(d)return any Goods to the Supplier immediately on request;
(e)authorise the Supplier or any agent of the Supplier to enter any land and premises owned, occupied or controlled by the Customer where
the Goods are located and take possession of the Goods; and
(f)hold the proceeds from any sale or disposal of the Goods on trust for the Supplier,
and the Supplier may repossess, retain, deal with and/or sell the Goods as the Supplier determines in the Supplier’s absolute discretion.
6.3The Supplier may, for the purposes of exercising the Supplier’s rights under clause 6.2, enter any premises owned, occupied or controlled
by the Customer and remove the Goods.
7.Security by the Customer and Personal Property Securities Act
7.1In consideration of the Supplier agreeing to supply the Goods, the Customer hereby charges all of its right, title and interest
(whether joint or several) in any land, realty or other assets capable of being charged, which are owned by the Customer either now or in
the future, to secure the performance by the Customer of its obligations under these T&Cs including, but not limited to, the payment of
monies owed to the Supplier.
7.2The Customer hereby consents to the registration by the Supplier of a caveat against the title of any property owned by the Customer.
7.3The Customer hereby irrevocably appoints the Supplier, the Supplier’s solicitors, each officer of the Supplier, each Receiver appointed
by the Supplier and each of the Supplier’s assigns jointly and also severally to be the true and lawful attorney or attorneys of the Customer
with full power and at the expense of the Customer and in the name of the Customer or in the name of the Supplier but for the sole use and
benefit of the Supplier and without giving the Customer any notice whatsoever, from time to time to enter into and execute complete and
amend all deeds, instruments, contracts, transfers, legal mortgages, agreements, notices, demands and writings as the Customer has
covenanted or is otherwise required to do and to collect in, sue for and recover and deal with all book debts of the Customer and to
do all such other acts, matters and things which under all or any of the covenants and agreements herein contained or implied ought to
be done by the Customer or which the Supplier or a Receiver is authorised or empowered to do by these T&Cs, the securities referred
to under this clause or by Statute.
7.4For the purposes of the PPSA:
(a)terms used in this clause that are defined in the PPSA have the same meaning as in the PPSA;
(b)these T&Cs are a security agreement and the Supplier has a Purchase Money Security Interest in all present and future Goods supplied
by the Supplier to the Customer and the proceeds of Goods;
(c)the security interest is a continuing interest irrespective of whether there are monies or obligations owing by the Customer at
any particular time;
(d)The Customer must do whatever is necessary in order to give a valid security interest over the Goods which is able to be registered
by the Supplier on the Personal Property Securities Register.
7.5The security interest arising under this clause attaches to the Goods when the Goods are collected or dispatched from the Supplier’s
premises and not at any later time.
7.6In consideration for the Supplier supplying Goods to the Customer under these Terms and Conditions, the Customer:
(a)grants to the Supplier a security interest, and to the extent applicable, a purchase money security interest (PMSI) in
respect of all Goods supplied by the Supplier to the Customer;
(b)agrees that the security interest and any PMSI granted will continue to apply to any goods coming into existence or proceeds of sale
of Goods or goods coming into existence;
(c)agrees to treat the security interest and any PMSI created under these T&Cs as a continuing and subsisting security interest in the
relevant Goods with priority over any registered or unregistered general (or other) security and any unsecured creditor (even if the Goods
become fixtures before paid for in full);
(d)agrees that the security interest and any PMSI has attached to all Goods now or in the future supplied to the Customer by the Supplier;
(e)agrees that the security interest extends to all of the collateral being all of the Customer’s present and after acquired property.
(f)these Terms and Conditions constitute a security agreement for the purposes of the PPSA with respect to any security interest or
PMSI in relation to the Goods or any other collateral in relation thereto.
7.7The Supplier reserves the right to register a financing statement under the PPSA in respect of the Goods and to generally register and
perfect any security arising pursuant to these Terms of Trade and the supply of Goods to the Customer. The Customer agrees to reimburse the
Supplier for all costs and/or expenses incurred or payable by the Supplier in relation to registering, maintaining or releasing any financing
statement or any other document in respect of any security interest under this agreement.
7.8The Customer and the Company agree that to the extent mentioned by Section 115(1) (a) – (r) of the PPSA, they agree to contract out of
each of the provisions of the PPSA listed in section 115(1) (a) – (r) (inclusive) and the Customer hereby waives it rights under each of the
sections of the PPSA referred to therein. The Customer further waives its right to receive a copy of any financing statement, any financing
change statement or any verification statement that is or may be registered, issued or received at any time or which would otherwise be
required to be provided by the Supplier under the PPSA.
7.9The Customer agrees that, until all monies owing to the Supplier are paid in full, it shall not sell or grant any other security
interest in the Goods or any collateral thereto (which collateral shall be deemed to include all Goods and the proceeds from the sale of
such Goods by the Customer).
The Supplier will not be liable to the Customer for any failure to perform, or delay in performing, the Supplier’s obligations under
these T&Cs if the failure or delay is due to any cause beyond the Supplier’s reasonable control and if any such failure or delay
continues for a period of 14 days the Supplier may terminate any affected Contract.
9.Confidential Information and Intellectual Property
9.1The Customer will not use, or disclose, any Confidential Information disclosed to the Customer.
9.2All Intellectual Property Rights in all designs, drawings, technical information and documents created by the Supplier in relation to
the Goods will remain with the Supplier and will not be assigned to the Customer and no supply of Goods to the Customer will grant to the
Customer any Intellectual Property Rights in respect of the Goods or such designs, drawings, technical information or documents.
9.3If the Supplier supplies any designs, drawings, technical information or documents to the Customer as part of the Goods, the Supplier
grants the Customer a non-exclusive, non-transferrable, right to use the designs, drawings, technical information and documents strictly and
only for the purposes of the Customer’s use of the Goods .
9.4The Customer warrants that the Supplier’s use of any designs, instructions or documents provided by the Customer to the Supplier will not
infringe the Intellectual Property Rights of any other party.
10.Defects, Warranties and Returns
10.1The Customer must inspect the Goods and any Services provided on delivery and must within 7 days of delivery notify the Supplier in
writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote.
10.2Upon the notification referred to in clause 10.1, the Customer will allow the Supplier to inspect the Goods.
10.3The Customer must at all times confirm that the Goods are in every way suitable to the expected use.
10.4These T&Cs do not include by implication any other term, condition or warranty in respect of the quality, merchantability,
acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services or any
contractual remedy for their failure.
10.5If the Customer is a consumer within the meaning of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and
Schedule 2 thereto (known as Australian Consumer Law or ACL) nothing in these T&Cs restricts, limits or modifies the
Customer’s rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
10.6If the End User is a consumer and:
(a)The Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount
specified in section 276A(1) of the ACL is the absolute limit of the Supplier’s liability to the Customer;
(b)The Goods or Services are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount
required under section 274 of the ACL is the absolute limit of the Supplier’s liability to the Customer,
howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the Goods or Services by the
Customer or any third party.
10.7If clauses 10.5 and 10.6 do not apply, the Supplier is not liable to the Customer in any way (whether under Statute, contract, tort,
negligence or otherwise) arising under or in connection with the sale, delivery, use of, storage or any other dealings with the Goods by the
Customer, End User or any third party.
10.8The Supplier is not liable for any consequential loss or expense suffered by the Customer, End User or any third party however caused,
including but not limited to loss of profits, business, revenue, savings, opportunity, reputation, access to markets, publicity or goodwill or
any such liability to the Customer, End User or a third party, except to the extent of any liability imposed by the ACL.
10.9The Customer acknowledges and agrees that:
(a)it has not relied on any service involving skill and judgment, or on any advice, recommendation, information, reports, tests or assistance
provided by the Supplier in relation to the Goods or their use or application. Any advice, recommendations, information, reports, tests or
assistance provided by the Supplier in relation to the Goods supplied by it or their use or application is given in good faith, and is
believed by the Supplier to be appropriate and reliable. However, as far as permitted by law, the Supplier is not liable for any loss or
damage arising therefrom.
(b)it has not made known, either expressly or by implication, to the Supplier any purpose for which it requires the Goods and it has
the sole responsibility of satisfying itself that the Goods are suitable for the use of the Customer;
(c)all written or verbal comments made by the Supplier or Supplier’s representatives are made on an “as is” basis without warranties of
any kind either express or implied.
10.10Subject to clause 10.5, the Supplier does not warrant or represent that:
(a)the Goods will match any sample of the Goods requested by the Customer;
(b)the specification and condition of the Goods matches any tests performed on samples of the Goods by the Supplier;
(c)the Goods do not contain any constituents that may impact upon their nature and quality.
The Customer hereby acknowledges and agrees that any samples of the Goods may not meet the specifications and condition of the remainder
of the Goods, that it is the Customer’s own responsibility to ensure that the Goods meet the Customer’s desired specifications and that the
Customer is to undertake its own due diligence in that regard.
10.11Nothing in these T&Cs is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting
or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded,
restricted or modified.
13.1 The Supplier retains a repairer’s lien over the Goods and any property of the Customer and/or a general lien over any other property of
the Customer that comes into the possession of the Supplier for any reason until all amounts owing by the Customer to the Supplier are paid in full.
13.2 Without limitation, the repairer’s lien entitles the Supplier to:
(a) refuse to return the Goods or any property of the Customer to the Customer; and/or
(b) charge the Customer transport, rent, storage and all other expenses incurred relating to the possession of the
Goods or any of the Customer’s property.
13.3 Without limitation, the general lien entitles the Supplier, subject to giving 7 days notice to the Customer, sell the property by
private treaty or public auction, whichever the Supplier in its sole discretion deems appropriate, and apply the proceeds to the repayment
of its costs and expenses any sum which is due and payable by the Customer.
13.4 Should the Customer fail to collect any of the customer’s property within 2 months of notification of the services being completed,
the Supplier is authorised to sell such of the customer’s property as remains in its possession in such manner as it sees fit (and is hereby
appointed as the Customer’s attorney for this purpose) and shall be at liberty to apply the proceeds of sale towards payment of any money
due by the Customer to the Supplier and thereafter refund any excess to the Customer at its last known address.
13.5 The sale or delivery of part of the customer’s property does not affect the repairer’s lien.
13.6 The lien is in addition to any common law or legislative rights available to the Supplier concerning liens or unpaid
invoices or unclaimed goods.
12.Release and Indemnity
The Customer indemnifies the Supplier and each member of the Supplier’s Personnel from and against any Liability or Claim arising
directly or indirectly in relation to:
(a)the accuracy of all information provided by the Customer to the Supplier in relation to the Goods or any other matters;
(b)the Customer’s breach of these T&Cs or any Contract;
(c)the negligence or wilful misconduct of the Customer or any member of the Customer’s Personnel;
(d)the Supplier or any member of the Supplier’s Personnel delivering the Goods in accordance with the Customer’s instructions;
(e)the Supplier or any member of the Supplier’s Personnel entering a delivery address;
(f)damage to the property of the Customer or any third party during any delivery of Goods;
(g)any spillage, breakage or contamination of Goods during any transport or delivery;
(h)the Goods not being fit for any particular purpose;
(i)any tests in relation to Goods;
(j)the Customer or any member of the Customer’s Personnel directly or indirectly causing any delay in the supply of any Goods;
(k)the Supplier having to resupply the Goods , or undertake any rework, as a result of the actions or omissions of the Customer or any third party;
(l)the Customer or any member of the Customer’s Personnel refusing to accept any delivery;
(m)the Customer or any member of the Customer’s Personnel purporting to cancel any Order or Contract; and
(n)any proceedings, claims and demands in relation to any secured property.
13.1The Supplier may immediately terminate, or suspend the performance of, any Contract and the Customer must immediately pay any money
owed to the Supplier if:
(a)the Customer breaches a term of these T&Cs or any Contract and does not remedy the breach within 7 days of receiving a notice from
the Supplier requiring the Customer to do so;
(b)the Customer breaches a term of these T&Cs or any Contract which is not capable of remedy;
(c)there is any change in the Control of the Customer; or
(d)an Insolvency Event arises in relation to the Customer.
In these T&Cs:
“Approvals” means all approvals, authorisations, permits, consents, determinations and licences which are issued, or required
to be issued, by any Authority to permit the full and proper performance of the Supplier’s obligations under these T&Cs;
“Authority” means any government or governmental, semi-governmental, administrative or judicial body, tribunal, department,
commission, authority, agency, minister, statutory corporation, instrumentality or entity;
“Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution,
equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising,
whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
“Confidential Information” means information, whether in visual, oral, documentary, electronic, machine-readable, tangible,
intangible or any other form, relating to the Supplier or any related entity of the Supplier including but not limited to any
information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter;
“Contract” means a contract formed as a result of the acceptance of an Order by the Supplier;
“Control” has the meaning set out in the Corporations Act;
“Corporations Act” means the Corporations Act 2001 (Cth);
“Customer” means the customer set out in any quotation, offer or other document provided by the Supplier (or, in the absence of
such information, the customer who placed the Order);
“Delivery Date” means the date for the delivery of the Goods in a Contract;
“End User” means any person, firm or corporation who has acquired Goods from the Customer;
“Goods” means the goods in a Contract;
“Insolvency Event” means any of the following, or any analogous, events:
(a)the Customer disposes of the whole or any part of the Customer’s assets, operations or business other than in the ordinary course of business;
(b)the Customer ceases, or threatens to cease, carrying on business;
(c)the Customer is unable to pay the Customer’s debts as the debts fall due;
(d)any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Customer’s assets, operations or business;
(e)any step is taken for the Customer to enter into any arrangement or compromise with, or assignment for the benefit of, the Customer’s
creditors or any class of the Customer’s creditors; or
(f)any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the
whole or any part of the Customer’s assets, operations or business;
“Intellectual Property Rights” means any present or future rights conferred by statute, common law or equity in any part of the world in
relation to any confidential information, copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties,
business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial,
scientific, literary or artistic fields;
“Liability” means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);
“Order” means any written or verbal order by the Customer to the Supplier for Goods;
“Personnel” means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;
“PPSA” means Personal Property Securities Act 2009 (Cth);
“Price” means the price of the Goods as nominated by the Supplier from time to time;
“Services” means the services in a Contract and any services associated with the Goods;
“Supplier” means Independent Sands Pty Ltd (ACN 600 777 642), and its related entities, successors and assigns; and
“T&Cs” means these Terms and Conditions of Supply.
15.1The parties agree:
(a)no Contract will create any partnership, joint venture, agency or relationship of employment between the parties;
(b)these T&Cs or any Contract may only be amended with the Supplier’s express written agreement;
(c)any waiver by the Supplier must be express and in writing;
(d)the Supplier’s rights under these T&Cs or any Contract do not exclude any other rights of the Supplier;
(e)no Contract will be a sale by sample;
(f)in the event of any dispute, the Supplier’s records will be conclusive evidence;
(g)the actions of any person claiming to have the Customer’s authority will bind the Customer to the extent permitted by law;
(h)if any provision of these T&Cs or any Contract is unenforceable, the provision will be severed and the remaining provisions will
continue to apply;
(i)the Customer must immediately provide written notice to the Supplier if there is any change in the Control of the Customer;
(j)the Supplier may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party;
(k)the Customer may only assign any rights or benefits under any Contract or these T&Cs or any Contract with the Supplier’s prior written
(l)these T&Cs and any Contract will be governed by the laws of, and the parties submit to the jurisdiction of the courts of, the state
in which the Goods are delivered.
15.2In these T&Cs:
(a)the headings will not affect interpretation;
(b)the singular includes the plural and vice versa;
(c)any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning;
(d)a reference to a document includes the document as novated, altered, supplemented or replaced;
(e)a reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;
(f)a reference to a person includes a natural person, body corporate, partnership, trust, association or any other entity;
(g)a reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code
or law and any consolidations, amendments, re-enactments or replacements;
(h)a word or expression defined in the Corporations Act has the meaning given to the word or expression in the Corporations Act;
(i)the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;
(j)any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;
(k)any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the
doing of that act or thing;
(l)a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these T&Cs; and
(m)if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed or
the event must occur on or by the next business day.