TRIPLE TORQUE SERVICES PTY LTD

A.C.N. 141 802 780

TERMS AND CONDITIONS OF TRADE

  1. DEFINITIONS AND INTERPRETATION

    1. In these Terms, unless the context requires otherwise:
      1. “ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
      2. “Authority” means any government, regulatory, statutory, administrative, mining, transport, safety, environmental or legal authority exercising jurisdiction in Australia.
      3. “Business Customer” means a Customer who acquires Goods or Services wholly or predominantly for business, trade, mining, industrial, commercial or professional purposes.
      4. “Carriage” has the meaning given in clause 24.1.
      5. “Carrier” means Triple Torque Services when providing Carriage or Storage services.
      6. “Chain of Responsibility Law” means the Heavy Vehicle National Law as enacted in any Australian state or territory and any other Commonwealth, state or territory law dealing with the obligations of parties involved in the transport of goods by road.
      7. “Consequential Loss” means any indirect, consequential, special or economic loss, including loss of use, loss of product, loss of production, delayed, postponed, interrupted or deferred production, inability to produce, deliver or process, loss of profit, loss of revenue, loss of anticipated savings, loss of bargain, loss of contract, loss of opportunity, loss of goodwill, business interruption, wasted expenditure, liquidated damages, punitive damages, exemplary damages, and any liability owed by the Customer to a third party.
      8. “Consumer Customer” means a Customer who acquires Goods or Services as a consumer within the meaning of the ACL.
      9. “Customer” means the person or entity who requests, orders, books, accepts, pays for, or receives Goods or Services from Triple Torque Services, including any person acting on behalf of that person or entity.
      10. “Customer Equipment” means any machinery, vehicle, plant, component, part, engine, pump, compressor, generator, attachment, trailer, tooling, asset or other equipment supplied, delivered or made available by or for the Customer for inspection, service, repair, overhaul, fabrication, transport, Storage or other work.
      11. “Dangerous Goods” has the meaning given in clause 24.1.
      12. “Defect” means a defect in Goods or Services caused by Triple Torque Services’ failure to exercise due care and skill or failure to provide Goods in accordance with applicable consumer guarantees or any express written warranty given by Triple Torque Services.
      13. “Excluded Goods” has the meaning given in clause 24.1.
      14. “Force Majeure Event” means an event beyond the reasonable control of Triple Torque Services, including acts of God, lightning, earthquakes, cyclones, floods, landslides, storms, explosions, fires, natural disasters, acts of war, terrorism, public disorder, riots, civil commotion, malicious damage, vandalism, sabotage, nuclear accidents, industrial disputes, labour shortages, road closures, road congestion, quarantine restrictions, customs restrictions, epidemic, pandemic, cyberattack, ransomware attack, cyber sabotage, interruption of power supply, scarcity of fuel, supply chain disruption, unavailability of parts, accident, collision, breakdown of vehicles, machinery or equipment, or restrictions imposed by an Authority.
      15. “Goods” means any goods supplied, sold, fabricated, modified, repaired, stored, transported or otherwise handled by Triple Torque Services, including parts, components, fabricated parts, materials, consumables, replacement parts, repaired items, Customer Equipment and any packaging or container.
      16. “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
      17. “Intellectual Property Rights” means all present and future rights in inventions, designs, drawings, plans, specifications, copyright, patents, trade marks, circuit layouts, confidential information, know-how, trade secrets, business names, domain names, moral rights and all other intellectual property rights, whether registered or unregistered.
      18. “Invoice” means any invoice, tax invoice, progress claim, statement or payment request issued by Triple Torque Services.
      19. “Law” means any applicable statute, regulation, rule, code, subordinate legislation, by-law, proclamation, approval, licence, permit, order, standard or requirement of an Authority.
      20. “Order” means an order, purchase order, booking, written instruction, verbal instruction, email instruction, online instruction, request for work, signed quotation, accepted estimate or other request for Goods or Services.
      21. “PPSA” means the Personal Property Securities Act 2009 (Cth).
      22. “Quotation” means any quotation, estimate, proposal, scope, rate schedule or price indication issued by Triple Torque Services.
      23. “Services” means all services supplied by Triple Torque Services, including quality inspections, servicing, repairs, Code D inspections, overhauls, diesel engine machinery repairs, onsite repairs, onsite servicing, onsite machine inspection, auditing, technical support, fault finding, pump repairs, small engine repairs, compressor servicing and repairs, auxiliary generator servicing and repairs, fabrication, design assistance, modification works, Storage and Carriage.
      24. “Site” means any location where Services are to be performed, including the Customer’s premises, a mine site, workshop, depot, laydown area, roadside location, industrial premises or any other location nominated by the Customer.
      25. “Storage” or “Store” means the receipt, holding, keeping, warehousing, custody, handling, movement, loading, unloading, packing, unpacking, identification, sorting, preservation, release, redelivery or other dealing with Goods or Customer Equipment by Triple Torque Services, whether at Triple Torque Services’ premises, a third-party premises, a depot, yard, workshop, Site, vehicle, trailer, container or any other location selected by Triple Torque Services, and whether provided as a standalone service or incidentally in connection with any Goods, Services, repairs, fabrication, inspection, Carriage, delay, lien, non-collection or failed delivery.
      26. “Subcontractor” means any person engaged by Triple Torque Services to perform any part of the Goods or Services.
      27. “Terms” means these Terms and Conditions of Trade.
      28. “Triple Torque Services” means Triple Torque Services Pty Ltd A.C.N. 141 802 780 trading under its own name or under any other business name and its successors and assigns or any other person acting on behalf of and with the authority of Triple Torque Services Pty Ltd A.C.N. 141 802 780.
    2. In these Terms:

      1. headings are for convenience only and do not affect interpretation;

      2. the singular includes the plural and vice versa;
      3. a reference to a person includes an individual, corporation, partnership, trust, joint venture, association, government body or other entity;
      4. a reference to legislation includes any amendment, replacement or re-enactment of that legislation;
      5. “including” means “including without limitation”;
      6. an obligation on two or more persons binds them jointly and severally;
      7. a reference to dollars is a reference to Australian dollars; and
      8. any indemnity, limitation of liability, release, payment obligation, confidentiality obligation and intellectual property provision survives termination, completion or expiry of any contract.

 

  1. APPLICATION OF THESE TERMS

    1. These Terms apply to every supply of Goods and Services by Triple Torque Services to the Customer, including every Quotation, Order, booking, invoice, account application, credit application, consignment note, Carriage request, Storage request and agreement.
    2. The Customer accepts these Terms by:
      1. requesting a Quotation;
      2. placing an Order;
      3. accepting a Quotation;
      4. signing a document referring to these Terms;
      5. delivering Goods or Customer Equipment to Triple Torque Services;
      6. permitting Triple Torque Services to collect Goods or Customer Equipment;
      7. allowing Triple Torque Services to commence work;
      8. accepting delivery of Goods;
      9. accepting the benefit of Services; or
      10. paying any amount to Triple Torque Services.
    3. If there is any inconsistency between these Terms and any document issued by the Customer, including a purchase order or procurement terms, these Terms prevail unless Triple Torque Services expressly agrees otherwise in writing signed by an authorised officer.
    4. Any terms proposed by the Customer are rejected and do not apply, even if supplied before or after these Terms, unless expressly accepted in writing by Triple Torque Services.
    5. If the parties enter into a separate written agreement signed by authorised representatives, that agreement prevails to the extent of any inconsistency with these Terms.

 

  1. QUOTATIONS, ORDERS AND SCOPE OF WORK

    1. Unless stated otherwise in writing:
      1. a Quotation is valid for 30 days from the date of issue;
      2. a Quotation is an invitation to the Customer to place an Order and is not an offer capable of acceptance;
      3. prices are based on the information available to Triple Torque Services at the time of quotation;
      4. prices are exclusive of GST; and
      5. Triple Torque Services may withdraw or amend a Quotation at any time before accepting the Customer’s Order.
    2. Any estimate of cost, time, parts required, labour required, completion date or scope is an estimate only and is not binding unless expressly stated to be fixed in writing.
    3. Triple Torque Services may accept or reject any Order at its discretion. Acceptance may occur by written confirmation, commencement of work, supply of Goods, collection of Goods or issue of an Invoice.
    4. The Customer must pay for any additional work, parts, materials, consumables, travel, waiting time, equipment hire or other costs arising from:
      1. inaccurate or incomplete information supplied by the Customer;
      2. latent defects or hidden conditions;
      3. additional faults discovered during diagnosis, inspection, disassembly, testing or repair;
      4. changes requested by the Customer;
      5. site conditions;
      6. safety, compliance or access requirements;
      7. unavailability or substitution of parts; or
      8. requirements imposed by an Authority.
    5. Triple Torque Services may require written approval before performing additional work. However, where work is necessary for safety, compliance, preservation of Goods, continuity of work or avoidance of damage, Triple Torque Services may proceed and charge the Customer accordingly.

 

  1. GOODS SUPPLIED BY TRIPLE TORQUE SERVICES

    1. Triple Torque Services may supply parts, components, fabricated items, consumables, materials and other Goods as part of or separate from Services.
    2. Supply is subject to availability. Triple Torque Services is not liable for delay or non-supply caused by shortage, discontinuance, manufacturer delay, transport delay, import delay or supply chain disruption.
    3. Triple Torque Services may substitute Goods with equivalent or substantially equivalent Goods if the originally specified Goods are unavailable, provided the substitute is reasonably suitable for the intended purpose known to Triple Torque Services.
    4. Goods may be subject to manufacturer specifications, tolerances, operating limits, installation requirements, use requirements, warranty conditions and maintenance requirements.
    5. Unless Triple Torque Services expressly confirms suitability in writing, the Customer is responsible for determining whether Goods are suitable for the Customer’s intended application, operating environment, mine site, machinery, system and compliance requirements.

 

  1. SERVICES, REPAIRS, INSPECTIONS AND TECHNICAL WORK

    1. Triple Torque Services will perform Services with due care and skill and in accordance with applicable Law.
    2. Unless expressly agreed in writing, Triple Torque Services does not guarantee that:
      1. any fault will be permanently rectified;
      2. Customer Equipment will be restored to new condition;
      3. Customer Equipment will meet a particular performance output;
      4. Customer Equipment will pass a third-party inspection or audit;
      5. Customer Equipment will comply with a particular mine site standard;
      6.  a part, repair or modification will resolve all existing or future faults; or
      7. Customer Equipment will operate without interruption after Services are performed.
    3. The Customer authorises Triple Torque Services to inspect, diagnose, test, disassemble and assess Customer Equipment as reasonably required. The Customer must pay for diagnosis, testing, disassembly and reassembly whether or not the Customer proceeds with recommended repairs.
    4. If additional faults, unsafe conditions, contamination, damage, wear, non-compliance or required work is discovered, Triple Torque Services may notify the Customer and provide a revised estimate or recommendation.
    5. If the Customer does not authorise recommended work, Triple Torque Services may charge for reassembly, Storage, handling and any work required to make Customer Equipment reasonably safe for collection or transport.
    6. Triple Torque Services may use new, used, reconditioned, refurbished or exchange parts only where:
      1. specified in a Quotation;
      2. authorised by the Customer;
      3. required due to availability; or
      4. reasonably appropriate for the nature of the work.

For Consumer Customers, Triple Torque Services will provide any notice required by the ACL in relation to the use of refurbished goods or parts.

  1. Unless the Customer requests return of replaced parts before completion of the Services, Triple Torque Services may dispose of replaced parts. Triple Torque Services may refuse to return parts where retention or disposal is required by Law, safety requirements, warranty conditions or exchange program requirements.
  2. The Customer authorises Triple Torque Services to operate, test, road test, load test, pressure test, run, calibrate or commission Customer Equipment as reasonably required. Testing may involve risk of failure where equipment is defective, worn, previously damaged or unsafe.
  3. Where Triple Torque Services performs inspections or audits:
    1. findings are based on the condition of the equipment at the time of inspection;
    2. reports are not a guarantee of future performance;
    3. reports are not a certification unless expressly stated;
    4. the Customer remains responsible for ongoing compliance, maintenance and operation; and
    5. Triple Torque Services is not responsible for defects that are latent, concealed, intermittent, not reasonably discoverable or outside the agreed scope.

 

  1. FABRICATION, DESIGN ASSISTANCE AND CUSTOM GOODS

    1. Triple Torque Services may fabricate parts, components or equipment to the Customer’s specifications or requirements.

    2. The Customer warrants that all drawings, samples, measurements, tolerances, specifications, operating requirements and instructions supplied by or for the Customer are accurate, complete and suitable.
    3. If Triple Torque Services provides design assistance, suggestions or improvement recommendations:
      1. the Customer remains responsible for approving the final design and specifications;
      2. Triple Torque Services is not responsible for any failure caused by incorrect assumptions, incomplete data or operating conditions not disclosed by the Customer;
      3. the Customer must verify that the design is suitable for the intended use and regulatory environment; and
      4. any prototype, experimental or modified item is supplied subject to further testing and validation by the Customer unless otherwise agreed in writing.
    4. Orders for fabricated, modified, customised, special order or non-standard Goods cannot be cancelled, returned or refunded merely because the Customer changes its mind, no longer requires the Goods or provided incorrect specifications, subject always to the ACL.
    5. Fabricated Goods are subject to ordinary manufacturing, welding, machining, fitting and material tolerances unless specific tolerances are agreed in writing.

 

  1. CUSTOMER OBLIGATIONS

    1. The Customer must provide all information reasonably required by Triple Torque Services, including:
      1. equipment make, model, serial number and service history;
      2. fault descriptions;
      3. known defects or prior repairs;
      4. operating environment;
      5. site requirements;
      6. mine site standards;
      7. relevant manuals, drawings and specifications;
      8. required completion dates;
      9. safety risks;
      10. dangerous goods, contaminants or hazardous substances; and
      11. any special requirements.
    2. The Customer warrants that all information supplied to Triple Torque Services is accurate, complete and not misleading.
    3. Where Services are performed onsite, the Customer must provide:
      1. safe, lawful and timely access;
      2. suitable work areas;
      3. adequate lighting, ventilation and workspace;
      4. safe plant and equipment;
      5. necessary permits, isolations and authorisations;
      6. site inductions;
      7. competent personnel;
      8. lifting equipment, cranes, forklifts or tooling where required;
      9. electricity, compressed air, water and other services where required; and
      10. safe amenities and emergency procedures.
    4. The Customer must pay for all waiting time, standby time, travel time, accommodation, mobilisation, demobilisation, remobilisation and associated costs arising from delays not caused by Triple Torque Services.
    5. The Customer must comply with all applicable safety Laws, including the Work Health and Safety Act 2011 (Qld), Coal Mining Safety and Health Act 1999 (Qld), associated regulations, mine site requirements and any lawful direction issued by Triple Torque Services.
    6. Triple Torque Services may suspend or refuse work if it reasonably considers that:
      1. the Site is unsafe;
      2. the work cannot be performed lawfully;
      3. Customer Equipment is unsafe;
      4. appropriate isolations or permits are not in place;
      5. the Customer has not provided required information; or
      6. continuing work may expose any person to unacceptable risk.
    7. The Customer warrants that Customer Equipment is safe, decontaminated, accessible and suitable for inspection, handling, lifting, transport, Storage and work.

 

  1. PRICING, CHARGES AND PAYMENT

    1. Prices are as stated in the Quotation, rate schedule, Invoice or as otherwise agreed in writing. If no price is stated, the Customer must pay Triple Torque Services’ standard rates applicable at the time the Goods or Services are supplied.

    2. The Customer must pay all additional charges reasonably incurred, including charges for:
      1. parts and materials;
      2. consumables;
      3. freight and Carriage;
      4. Storage;
      5. site access delays;
      6. waiting time;
      7. travel time;
      8. kilometres;
      9. accommodation;
      10. meals and allowances;
      11. mobilisation and demobilisation;
      12. equipment hire;
      13. craneage, forklifts and lifting equipment;
      14. permits and escorts;
      15. after-hours work;
      16. urgent work;
      17. diagnostic work;
      18. disassembly and reassembly;
      19. disposal of waste or replaced parts;
      20. environmental or decontamination work; and
      21. administration, debt recovery and enforcement costs.
    3. Unless expressly stated otherwise, all prices are exclusive of GST. The Customer must pay GST in addition to the price for any taxable supply, subject to receiving a valid tax invoice.
    4. Unless Triple Torque Services has approved credit terms in writing:
      1. payment is due before supply, on completion, on delivery, or on issue of Invoice, as required by Triple Torque Services; and
      2. Triple Torque Services may require deposits, progress payments or payment in advance.
    5. Triple Torque Services may require the Customer to complete and sign a credit application before granting any credit facility.
    6. The granting of credit is at the Triple Torque Services’ absolute discretion.
    7. If Triple Torque Services approves a credit account, payment is due within the approved credit terms.
    8. Triple Torque Services may withdraw, suspend, reduce or vary credit at any time by notice.
    9. The Customer must immediately notify Triple Torque Services of any change to its legal name, trading name, ownership, directors, business structure, trust structure, address, solvency or financial position.
    10. Triple Torque Services may require personal guarantees, director guarantees, security interests or other security as a condition of providing or continuing to provide credit.
    11. The Customer must pay all amounts in full without set-off, deduction, withholding, counterclaim or retention, except to the extent prohibited by Law.
    12. If the Customer fails to pay an amount by the due date, Triple Torque Services may charge interest on the overdue amount at 12% per annum, compounded annually, calculated daily from the due date until payment.
    13. The Customer must pay all costs incurred by Triple Torque Services in recovering overdue amounts, including legal costs on an indemnity basis, debt collection costs, enforcement costs, PPSA costs and administration costs.
    14. The Customer must pay any merchant fees, card surcharges, bank fees, dishonour fees, chargeback fees and payment processing costs incurred by Triple Torque Services.
    15. If the Customer requests that Triple Torque Services invoice or obtain payment from a third party, the Customer remains primarily liable for payment.

 

  1. TITLE, RISK AND DELIVERY OF GOODS

    1. Risk in Goods supplied by Triple Torque Services passes to the Customer on the earliest of:

      1. delivery to the Customer;
      2. collection by the Customer;
      3. delivery to a carrier;
      4. delivery to a Site;
      5. installation into Customer Equipment; or
      6. the Customer otherwise taking possession or control.
    2. Title to Goods supplied by Triple Torque Services does not pass to the Customer until all amounts owing by the Customer to Triple Torque Services on any account are paid in full.
    3. Until title passes, the Customer:
      1. holds the Goods as bailee for Triple Torque Services;
      2. must store the Goods separately and identify them as property of Triple Torque Services where practicable;
      3. must keep the Goods insured;
      4. must not grant any security interest over the Goods; and
      5. must not dispose of the Goods except in the ordinary course of business.
    4. If the Customer is in default, Triple Torque Services may enter premises where Goods are located, take possession of Goods, and resell or otherwise deal with them, subject to applicable Law.

 

  1. STORAGE AND UNCOLLECTED GOODS

    1. Triple Torque Services may store Goods or Customer Equipment at its premises or at another location selected by Triple Torque Services.
    2. The Customer must pay Storage, handling, administration and related charges for Goods or Customer Equipment not collected within two business days after notice that they are ready for collection, unless otherwise agreed in writing.
    3. Goods and Customer Equipment are stored at the Customer’s risk, subject to any liability that cannot lawfully be excluded.
    4. Triple Torque Services is not required to maintain any particular temperature, humidity, security, segregation or storage condition unless expressly agreed in writing.
    5. If Goods or Customer Equipment remain uncollected, unpaid for or abandoned, Triple Torque Services may exercise any lien, sell, dispose of or otherwise deal with them in accordance with these Terms and applicable Law.

 

  1. LIEN AND SECURITY INTEREST

    1. Triple Torque Services has a general and particular lien over all Goods and Customer Equipment in its possession or control for all amounts owing by the Customer to Triple Torque Services on any account.
    2. The lien secures all charges, labour, parts, materials, Storage charges, freight, handling charges, administration charges, interest, legal costs, enforcement costs, debt recovery costs, sale costs, disposal costs and all other amounts payable to Triple Torque Services.
    3. Triple Torque Services may retain possession of Goods and Customer Equipment until all secured amounts are paid in full.
    4. If any secured amount remains unpaid for more than 14 days after becoming due, or if Goods or Customer Equipment are not collected when required, Triple Torque Services may sell, dispose of or otherwise deal with them in accordance with applicable Law.
    5. The Customer grants Triple Torque Services a security interest in:
      1. all Goods supplied by Triple Torque Services;
      2. all Goods and Customer Equipment in Triple Torque Services’ possession or control;
      3. all proceeds of those Goods; and
      4. any other personal property supplied as security,

to secure payment of all amounts owing by the Customer to Triple Torque Services.

  1. The Customer must do anything reasonably required by Triple Torque Services to ensure that any security interest is enforceable, perfected and has the priority required by Triple Torque Services.
  2. The Customer must reimburse Triple Torque Services for all costs of registering, maintaining, enforcing or releasing any PPSA security interest.
  3. To the extent permitted by the PPSA:
    1. sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 do not apply unless Triple Torque Services otherwise notifies the Customer in writing; and
    2. the Customer waives any right to receive a notice, statement or verification statement under sections 129, 130, 132, 134, 135 or 157 of the PPSA.

 

  1. AUSTRALIAN CONSUMER LAW AND CONSUMER GUARANTEES

    1. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or liability that cannot lawfully be excluded, restricted or modified, including under the ACL.
    2. To the maximum extent permitted by law, Triple Torque Services’ liability for breach of a non-excludable guarantee is limited, at Triple Torque Services’ option:
      1. for Goods, to replacement of the Goods, supply of equivalent Goods, repair of the Goods, payment of the cost of replacing the Goods or acquiring equivalent Goods, or payment of the cost of having the Goods repaired; and
      2. for Services, to supplying the Services again or paying the cost of having the Services supplied again.
    3. Subject to clause 12.1, all terms, guarantees, warranties and conditions implied by statute, common law, equity, trade, custom or usage are excluded.

 

  1. WARRANTY AGAINST DEFECTS

    1. Triple Torque Services gives no warranty in relation to any Goods or Services except:
      1. any non-excludable guarantee under the ACL; and
      2. any express written warranty issued by Triple Torque Services for the relevant Goods or Services.
    2. Where Goods are supplied with a manufacturer’s warranty, Triple Torque Services’ responsibility is limited, to the maximum extent permitted by Law, to assigning or facilitating the benefit of that manufacturer’s warranty.
    3. To make a warranty claim, the Customer must:
      1. notify Triple Torque Services in writing as soon as possible after becoming aware of the alleged defect;
      2. provide proof of purchase;
      3. provide full details of the alleged defect;
      4. preserve the relevant Goods or Customer Equipment for inspection;
      5. provide photographs, operating records, service records and relevant evidence if requested;
      6. not alter, dismantle, repair or interfere with the relevant Goods or Customer Equipment without Triple Torque Services’ consent; and
      7. return the Goods or make the Customer Equipment available for inspection if reasonably required.
    4. To the maximum extent permitted by law, any express warranty does not apply to defects or failures caused by:
      1. normal wear and tear;
      2. misuse, abuse or neglect;
      3. incorrect operation;
      4. use outside manufacturer specifications;
      5. overloading;
      6. poor maintenance;
      7. contamination;
      8. corrosion;
      9. accident or impact;
      10. unauthorised modification;
      11. work performed by another person;
      12. use of incorrect fuel, fluids, oils, filters or consumables;
      13. use in abnormal or undisclosed operating conditions;
      14. failure to follow Triple Torque Services’ instructions;
      15. failure to follow manufacturer instructions;
      16. latent defects in Customer Equipment;
      17. failure of parts not supplied by Triple Torque Services;
      18. temporary, emergency or makeshift repairs requested by the Customer; or
      19. faults unrelated to the Goods or Services supplied by Triple Torque Services.

 

  1. LIABILITY

    1. Subject to clause 12 and to any liability that cannot lawfully be excluded, Triple Torque Services is not liable to the Customer or any other person for:
      1. Consequential Loss;
      2. loss of production;
      3. business interruption;
      4. loss of use of equipment;
      5. delay;
      6. loss of profit;
      7. loss of opportunity;
      8. liquidated damages imposed on the Customer;
      9. third-party claims against the Customer;
      10. damage caused by Customer Equipment defects;
      11. failure caused by inaccurate or incomplete information supplied by the Customer; or
      12. failure caused by operating conditions not disclosed to Triple Torque Services.
    2. Subject to clause 12 and to any liability that cannot lawfully be limited, Triple Torque Services’ total aggregate liability arising out of or in connection with any Order, Goods or Services is limited to the lesser of:
      1. the amount paid by the Customer for the relevant Goods or Services giving rise to the claim;
      2. the cost of resupplying the relevant Services;
      3. the cost of repairing or replacing the relevant Goods; or
      4. $5,000.
    3. Triple Torque Services’ liability is reduced proportionately to the extent that loss or damage was caused or contributed to by the Customer, the Customer’s personnel, a third party, Customer Equipment, site conditions, incorrect information, failure to mitigate loss or any event outside Triple Torque Services’ reasonable control.
    4. Triple Torque Services is not liable for any defect, fault, failure, deterioration or damage arising from the pre-existing condition of Customer Equipment.
    5. Triple Torque Services is not an insurer of Goods or Customer Equipment. The Customer is responsible for arranging insurance.

 

  1. CUSTOMER INDEMNITY

    1. To the maximum extent permitted by Law, the Customer indemnifies Triple Torque Services and its officers, employees, agents and Subcontractors against all loss, damage, liability, claim, proceeding, penalty, fine, cost or expense, including legal costs on an indemnity basis, arising directly or indirectly from:
      1. breach of these Terms by the Customer;
      2. inaccurate, incomplete or misleading information supplied by or for the Customer;
      3. unsafe Site conditions;
      4. defects in Customer Equipment;
      5. contamination, hazardous substances or Dangerous Goods;
      6. failure by the Customer to comply with Law;
      7. injury, death, property damage or environmental harm caused by the Customer, Customer Equipment or the Site;
      8. work performed in accordance with the Customer’s instructions;
      9. claims by third parties relating to Goods, Customer Equipment or the Customer’s operations;
      10. infringement of Intellectual Property Rights arising from Customer-supplied designs or specifications; and
      11. recovery of amounts owed to Triple Torque Services.
    2. The indemnity does not apply to the extent the relevant loss is caused by Triple Torque Services’ fraud, criminal conduct, wilful misconduct or liability that cannot lawfully be excluded.

 

  1. INSURANCE

    1. The Customer must maintain insurance adequate to cover:
      1. Customer Equipment;
      2. Goods in transit;
      3. Goods in Storage;
      4. plant and machinery;
      5. public liability;
      6. product liability;
      7. business interruption;
      8. mining and site-related risks; and
      9. any other risks associated with the Customer’s operations.
    2. The Customer must provide evidence of insurance within two business days after request by Triple Torque Services.
    3. Where Goods or Customer Equipment are stored by Triple Torque Services, the Customer must ensure that its insurance policy includes a waiver of subrogation in favour of Triple Torque Services, its employees, agents and Subcontractors, to the extent available.

 

  1. CANCELLATION, SUSPENSION AND TERMINATION

    1. The Customer may cancel an Order only with Triple Torque Services’ written consent.
    2. If an Order is cancelled, the Customer must pay all costs incurred by Triple Torque Services, including costs for labour, parts, materials, special order items, fabrication, Subcontractors, freight, mobilisation, demobilisation, administration and lost time.
    3. Triple Torque Services may suspend supply of Goods or Services if:
      1. the Customer fails to pay any amount when due;
      2. the Customer breaches these Terms;
      3. the Customer exceeds any credit limit;
      4. site conditions are unsafe;
      5. required parts or information are unavailable;
      6. a Force Majeure Event occurs;
      7. the Customer becomes insolvent; or
      8. Triple Torque Services reasonably considers that continuing work may expose it to legal, safety, operational, reputational or commercial risk.
    4. Triple Torque Services may terminate any Order or agreement immediately by notice if the Customer:
      1. commits a material breach;
      2. fails to remedy a breach within seven days after notice;
      3. becomes insolvent or subject to external administration;
      4. fails to pay an overdue amount;
      5. provides false or misleading information; or
      6. requires Triple Torque Services to act unlawfully or unsafely.
    5. Termination does not affect accrued rights, payment obligations or any provision intended to survive termination.

 

  1. INTELLECTUAL PROPERTY

    1. Each party retains ownership of its pre-existing Intellectual Property Rights.
    2. Unless expressly agreed in writing, Triple Torque Services owns all Intellectual Property Rights in:
      1. designs, drawings, specifications, methods, processes, improvements and know-how developed by Triple Torque Services;
      2. fabrication methods;
      3. repair procedures;
      4. technical solutions;
      5. reports and recommendations; and
      6. templates, forms, processes and systems.
    3. Upon payment in full, Triple Torque Services grants the Customer a non-exclusive, non-transferable licence to use any deliverables supplied by Triple Torque Services solely for the Customer’s internal operational purposes.
    4. The Customer warrants that any drawings, designs, samples, specifications or materials supplied by or for the Customer do not infringe any third-party Intellectual Property Rights.
    5. The Customer must not copy, reproduce, reverse engineer, commercialise or disclose Triple Torque Services’ designs, drawings, methods, documents or technical information without written consent.

 

  1. CONFIDENTIALITY

    1. Each party must keep confidential any confidential information received from the other party, including technical, commercial, operational, pricing, design, customer, supplier and site information.
    2. Confidential information may be disclosed:
      1. with written consent;
      2. to employees, contractors, advisers and insurers who need to know;
      3. to an Authority where required by Law;
      4. to enforce these Terms; or
      5. where the information is already public other than through breach.

 

  1. PRIVACY AND CREDIT REPORTING

    1. The Customer authorises Triple Torque Services to collect, use and disclose personal information and credit information about the Customer and its directors, officers, partners, trustees, guarantors and representatives for the purposes of:

      1. assessing credit applications;
      2. conducting credit checks;
      3. managing risk;
      4. supplying Goods and Services;
      5. administering accounts;
      6. enforcing these Terms and any guarantee or indemnity;
      7. recovering overdue amounts;
      8. registering or enforcing security interests;
      9. complying with Law; and
      10. dealing with insurers, advisers, Subcontractors and regulators.
    2. Triple Torque Services may disclose information to credit reporting bodies, trade referees, insurers, financiers, debt collection agencies, legal advisers, Subcontractors, regulatory authorities and related bodies corporate.
    3. The Customer warrants that it has obtained all consents required for Triple Torque Services to collect, use and disclose such information.

 

  1. ELECTRONIC COMMUNICATIONS

    1. The Customer agrees that quotations, orders, bookings, consignment notes, delivery records, invoices, notices and other communications may be created, signed, accepted and transmitted electronically.
    2. An electronic signature, click acceptance, email instruction, online booking, scanned signature or electronic record is binding.
    3. Triple Torque Services may rely on electronic records as evidence of instructions, acceptance, delivery, completion and charges.
    4. The Customer is responsible for all bookings, orders and instructions made using the Customer’s account, email address, login credentials or usual communication channels.

 

  1. FORCE MAJEURE

    1. Triple Torque Services is not liable for delay or failure to perform any obligation to the extent caused by a Force Majeure Event.
    2. Triple Torque Services may suspend performance for the duration of a Force Majeure Event.
    3. If a Force Majeure Event prevents performance for 30 days or more, either party may terminate the affected Order by written notice.

 

  1. NOTICES

    1. A notice under these Terms may be given by hand, post or email to the address or email address last notified by the recipient.
    2. A notice is deemed received:
      1. if delivered by hand, on delivery;
      2. if sent by prepaid post within Australia, three business days after posting; and
      3. if sent by email, when the email leaves the sender’s information system, unless the sender receives an automated delivery failure notice.
    3. The Customer must promptly notify Triple Torque Services of any change to its notice details.

 

  1. CARRIAGE OF GOODS

    1. In this clause 24:
      1. “Carriage” means the whole of the operations and services undertaken by Triple Torque Services or any person on its behalf in respect of Goods, whether gratuitously or not, including transporting, loading, unloading, packing, handling, unpacking, towing, Storage and related advice.
      2. “Consignment” means the consignment of Goods at any one time from the Customer in a single load from one address in Australia to another address in Australia.
      3. “Consignor” means the Customer and any person who requests, books, arranges or pays for Carriage or Storage, and any person named as consignor, sender, customer, account holder or applicant in any quotation, booking, consignment note, waybill, credit application, invoice or other document.
      4. “Container” includes any container, trailer, wagon, transportable tank, pallet, flat rack or other unit or device used to consolidate Goods.
      5. “Damage” means physical damage and includes deterioration, evaporation and contamination.
      6. “Dangerous Goods” means Goods that are or may become noxious, dangerous, flammable, explosive, hazardous, damaging, contaminated, environmentally harmful, or that may harbour or encourage vermin or pests, or that may harm any person, property or the environment.
      7. “Excluded Goods” means cash, currency, securities, negotiable instruments, bank notes, cheques, bonds, share certificates, financial instruments, bullion, gold, silver, precious metals, precious stones, gemstones, jewellery, watches, artworks, antiques, collectibles, items of special value, pharmaceuticals, medicines, vaccines, medical samples, biological materials, pathology specimens, refrigerated goods, frozen goods, chilled goods, temperature-controlled goods, perishable goods, animals, livestock, plants, living organisms, household goods, personal effects, used furniture, second-hand personal property, white goods not in original packaging, furniture that is not flat-packed, bicycles, solar panels, glass, marble, stone, tiles, ceramics or fragile goods unless crated or packaged to Triple Torque Services’ satisfaction, Dangerous Goods, regulated waste, contaminated goods, asbestos, chemicals or hazardous substances unless expressly accepted in writing, illegal goods, prohibited goods, stolen goods, unlawfully possessed goods, goods requiring special security, time-critical delivery, specialised handling or temperature control unless expressly accepted in writing, and any other goods which Triple Torque Services notifies the Customer it will not carry or store.
      8. “Invoice Cost” means the invoice cost or value of Goods. If there is no invoice value, it means the market value or cost of replacing the Goods with similar goods of the same age and condition.
    2. This clause 24 applies to all Carriage and Storage undertaken by Triple Torque Services, including Carriage or Storage undertaken as part of any repair, service, supply, fabrication, onsite work or standalone transport service.
    3. By requesting, booking, accepting, paying for, or permitting Carriage or Storage, or by delivering Goods to Triple Torque Services or making Goods available for collection, the Customer agrees to this clause 24.
    4. If there is any inconsistency between this clause 24 and any other provision of these Terms in relation to Carriage or Storage, this clause 24 prevails to the extent of the inconsistency.
    5. Triple Torque Services is not a common carrier and accepts no liability as such.
    6. Triple Torque Services may refuse to accept, collect, carry, store, handle or deliver any Goods at any time if, in its reasonable opinion:
      1. the Goods are unsafe, unlawful, inadequately packed, incorrectly labelled, incorrectly declared or unsuitable for Carriage or Storage;
      2. the Goods are or may be Dangerous Goods or Excluded Goods;
      3. the Goods exceed any applicable mass, dimension, load restraint or legal requirement;
      4. the Carriage or Storage may expose Triple Torque Services to unacceptable operational, safety, legal, reputational or commercial risk;
      5. the Customer is in default; or
      6. Triple Torque Services is unable to perform the Carriage or Storage safely, lawfully or practicably.
    7. The Customer remains liable for all charges and costs incurred by Triple Torque Services in connection with any refusal under this clause.
    8. Triple Torque Services will:
      1. take reasonable care to protect and safeguard Goods;
      2. provide Carriage with the skill, care and efficiency expected of a competent provider of carriage services;
      3. hold licences required by Law for the Carriage;
      4. use reasonable endeavours to deliver Goods to the address nominated by the Customer;
      5. use reasonable endeavours to meet requested collection and delivery dates, subject to Law and operational requirements;
      6. where Goods are stored, use Storage methods appropriate to the nature of the Goods as disclosed by the Customer; and
      7. use reasonable endeavours to comply with the Customer’s reasonable and lawful directions.
    9. Triple Torque Services does not warrant or guarantee particular collection or delivery times.
    10. The Customer must:
      1. ensure Goods are fit for Carriage;
      2. ensure Goods are properly packed, secured, labelled, marked and documented;
      3. ensure all descriptions, quantities, weights, dimensions, values and handling instructions are accurate;
      4. ensure loading of Goods will not cause a vehicle to exceed mass, dimension or load restraint requirements;
      5. provide all documents and information required by Law or any Authority;
      6. ensure safe access to collection and delivery locations;
      7. ensure safe and adequate loading and unloading facilities are available;
      8. ensure all persons involved in loading or unloading are competent;
      9. not tender Dangerous Goods or Excluded Goods unless Triple Torque Services has agreed in writing; and
      10. comply with all applicable Law, including Chain of Responsibility Law.
    11. The Customer warrants that:
      1. it is authorised by all persons owning or interested in the Goods to accept these Terms on their behalf;
      2. the Goods do not include Excluded Goods unless accepted in writing;
      3. the Goods are not Dangerous Goods unless accepted in writing;
      4. the Goods can be safely and lawfully carried, handled, loaded, unloaded, stored and delivered using ordinary transport and handling equipment;
      5. any Container, pallet or packaging supplied by the Customer is fit for purpose and safe to handle; and
      6. the Customer has not tendered Goods with a value exceeding $5,000 per Consignment unless the value has been declared in writing and Triple Torque Services has expressly agreed in writing to a higher liability limit.
    12. Triple Torque Services may subcontract all or part of the Carriage on any terms.
    13. If Triple Torque Services subcontracts Carriage, it remains liable to the Customer for acts and omissions of the Subcontractor as if they were acts and omissions of Triple Torque Services, subject to these Terms.
    14. Every exemption, limitation, condition, liberty, right, defence and immunity available to Triple Torque Services under these Terms extends to:
      1. Subcontractors;
      2. employees and agents of Triple Torque Services;
      3. employees and agents of Subcontractors; and
      4. persons vicariously liable for any of them.

Triple Torque Services contracts as agent and trustee for those persons for this purpose.

  1. The Customer must not make any claim against any Subcontractor, employee, agent or contractor of Triple Torque Services in connection with Goods, Carriage or Storage. If such a claim is made, the Customer indemnifies Triple Torque Services against all resulting loss, liability, cost and expense.
  2. To the maximum extent permitted by Law, Triple Torque Services is not liable, whether in contract, tort, bailment, negligence, statute or otherwise, for any loss of, Damage to, deterioration of, contamination of, misdelivery of, delay in delivery of, failure to deliver or failure to collect Goods unless the Customer proves that the loss, Damage, deterioration, contamination, misdelivery, delay, failure to deliver or failure to collect was caused by Triple Torque Services’ negligence or wilful misconduct.
  3. Triple Torque Services is not liable merely because Goods were in its possession, custody or control when loss, Damage, deterioration, contamination, misdelivery, delay, failure to deliver or failure to collect occurred.
  4. Triple Torque Services is not liable for loss or Damage:
    1. caused by a Force Majeure Event;
    2. involving Excluded Goods;
    3. caused by following the Customer’s instructions;
    4. caused by infection, contamination, virus, bacteria, fungi, pathogen, disease, mould, vermin or like condition;
    5. caused by vibration, road conditions, weather or weather events, including stone, rain, hail or storm damage;
    6. caused by inherent defect or condition of the Goods;
    7. caused by decline in value or expiry of the Goods;
    8. comprising mechanical, electrical or electronic breakdown, derangement or malfunction;
    9. caused by inherent vice or nature of the Goods; or
    10. caused by insufficient or unsuitable packing or preparation.
  5. Triple Torque Services is not liable under any circumstances for Consequential Loss arising from Carriage or Storage to the maximum extent permitted by Law.
  6. Subject to clause 12 and to any liability that cannot lawfully be limited, Triple Torque Services’ total aggregate liability arising from or in connection with any one incident in relation to Carriage or Storage is limited to the lesser of:
    1. the Invoice Cost of the affected Goods;
    2. the cost of repairing the affected Goods;
    3. the cost of replacing the affected Goods with goods of similar age and condition; or
    4. $5,000.
  7. All claims arising from the same original cause are treated as arising from the same incident.
  8. The monetary limit does not apply to the extent loss or Damage is caused by Triple Torque Services’ malicious conduct, deliberate or wilful misconduct, fraud or criminal conduct.
  9. Triple Torque Services may, in its discretion:
    1. use any route;
    2. deviate from any route;
    3. carry Goods by any mode or combination of modes;
    4. consolidate Goods with other goods;
    5. tranship Goods;
    6. unload, reload, cross-dock or store Goods during transit; and
    7. use any vehicle, equipment, depot, warehouse, Subcontractor or handling method.
  10. The Customer authorises any deviation or alternative method of Carriage that Triple Torque Services, acting reasonably, considers desirable or necessary.
  11. Triple Torque Services:
    1. is not obliged to inspect Goods;
    2. may inspect, open, scan, weigh, measure, test or examine Goods at any time;
    3. may open any Container where reasonably required or required by Law; and
    4. is not liable for loss, Damage or delay arising from inspection unless caused by negligence or wilful misconduct.
  12. If Goods are incorrectly described, weighed, measured, packed, labelled or declared, the Customer must pay:
    1. additional freight, Storage or handling charges;
    2. inspection, weighing, measuring and administration costs;
    3. repacking, relabelling, rehandling, returning or disposal costs; and
    4. any loss, fine, penalty or expense incurred by Triple Torque Services.
  13. Triple Torque Services may deliver Goods to any person who appears to be authorised to receive them at the nominated delivery address.
  14. If the nominated delivery address is unattended, inaccessible or unsuitable, or if the consignee refuses or fails to take delivery, Triple Torque Services may, without liability:
    1. leave Goods at or near the nominated delivery address;
    2. store Goods;
    3. return Goods to the Customer;
    4. deliver Goods to another address nominated by the Customer; or
    5. sell, dispose of or otherwise deal with Goods in accordance with these Terms and applicable Law.
  15. Any action taken under this clause is at the Customer’s risk and expense.
  16. The Customer authorises Triple Torque Services to rely on photographs, GPS data, electronic records, scanning data, delivery notes, text messages, emails or other records as evidence of delivery.
  17. Delivery is deemed to occur when Goods are unloaded, left at the nominated delivery address, signed for, scanned as delivered, photographed at the delivery location, or otherwise recorded as delivered by Triple Torque Services.
  18. Triple Torque Services may store Goods at any location selected by it, whether owned or operated by Triple Torque Services or a third party.
  19. If Goods are stored:
    1. the Customer must pay all Storage and handling costs;
    2. Triple Torque Services may redeliver Goods to the Customer at the Customer’s expense;
    3. Goods are held at the Customer’s risk, subject to any liability that cannot lawfully be excluded;
    4. the Customer must remove Goods within two business days after written notice; and
    5. Triple Torque Services is not required to maintain special temperature, humidity, security, segregation or Storage conditions unless agreed in writing.
  20. Triple Torque Services is not required to release Goods in Storage while any amount is owed by the Customer.
  21. Triple Torque Services is not an insurer of Goods.
  22. The Customer is responsible for arranging insurance for Goods against all risks of loss, Damage, deterioration, contamination, delay, misdelivery and non-delivery during Carriage and Storage.
  23. Any insurance arranged by Triple Torque Services is for its own benefit unless otherwise agreed in writing.
  24. The Customer must not tender Dangerous Goods for Carriage or Storage unless:
    1. Triple Torque Services has expressly agreed in writing before collection or delivery;
    2. the Customer has provided a complete and accurate dangerous goods declaration;
    3. the Customer has provided all safety data sheets, emergency procedure guides, UN numbers, class details, packing group details, placarding requirements, segregation requirements and handling instructions required by Law or reasonably required by Triple Torque Services;
    4. Goods are packed, marked, labelled, documented and placarded in accordance with all applicable Law, including the Australian Code for the Transport of Dangerous Goods by Road & Rail; and
    5. the Customer has complied with all Law relating to the Goods.
  25. If Dangerous Goods are tendered without compliance, Triple Torque Services may, without compensation to the Customer, refuse, unload, store, isolate, return, destroy, dispose of, abandon or render harmless the Goods at the Customer’s risk and expense.
  26. Triple Torque Services does not agree to carry or store Excluded Goods unless it expressly agrees in writing before accepting them.
  27. If the Customer tenders Excluded Goods without prior written agreement:
    1. the Goods are at the Customer’s sole risk;
    2. Triple Torque Services is not liable for loss of or Damage to those Goods;
    3. the Customer indemnifies Triple Torque Services against all loss, Damage, liability, cost and expense arising from those Goods; and
    4. Triple Torque Services may refuse, return, store, dispose of, destroy or otherwise deal with the Goods at the Customer’s cost where reasonably necessary.
  28. The Customer must comply with Chain of Responsibility Law.
  29. The Customer must not impose any requirement on Triple Torque Services that would directly or indirectly encourage or require Triple Torque Services, a driver or any other person to:
    1. speed;
    2. drive while fatigued;
    3. exceed mass, dimension or load restraint limits;
    4. breach work and rest requirements;
    5. operate an unsafe vehicle;
    6. provide false transport documentation; or
    7. otherwise perform Carriage unsafely or unlawfully.
  30. Subject to clause 12 and to any liability that cannot lawfully be excluded, Triple Torque Services is discharged from all liability in respect of Goods unless the Customer gives written notice of claim to Triple Torque Services:
    1. for alleged loss or Damage during loading, unloading or transit, within seven days after delivery or the date on which delivery would ordinarily have occurred;
    2. for alleged loss or Damage during Storage, within seven days after removal or attempted removal from Storage; and
    3. for any alleged overcharge, within seven days after the date of the relevant Invoice.
  31. A notice of claim must include:
    1. consignment number;
    2. Invoice number;
    3. delivery details;
    4. description of Goods;
    5. particulars of alleged loss or Damage;
    6. photographs and supporting evidence;
    7. proof of value;
    8. repair or replacement quotations; and
    9. evidence that Goods were not damaged before Triple Torque Services took custody.
  32. The Customer must preserve Goods, packaging and all relevant evidence for inspection.
  33. The making of a claim does not entitle the Customer to withhold payment.
  34. Subject to clause 12 and any Law that cannot be excluded, Triple Torque Services is discharged from all liability unless legal proceedings are commenced and served within six months after:
    1. delivery of Goods;
    2. the date Goods should have been delivered; or
    3. the date Goods were removed or should have been removed from Storage,

whichever is earlier.

  1. The Customer must pay all Carriage and Storage charges in full and without deduction, withholding, counterclaim or set-off.
  2. The Customer is liable for:
    1. freight charges;
    2. Storage charges;
    3. loading and unloading costs;
    4. redelivery costs;
    5. costs arising from failed delivery;
    6. fuel levies;
    7. heavy or over-dimensional transport costs;
    8. permits, escorts, equipment and detour costs;
    9. fees imposed by any Authority;
    10. customs, excise or regulatory charges;
    11. delay or waiting time not caused by Triple Torque Services; and
    12. all enforcement and recovery costs.
  3. Labour to load or unload Goods is the responsibility and expense of the Customer or consignee unless otherwise agreed in writing.

 

  1. DEFAULT

    1. The Customer is in default if:
      1. the Customer fails to pay any amount when due;
      2. the Customer breaches these Terms;
      3. the Customer provides inaccurate, incomplete or misleading information;
      4. the Customer exceeds any approved credit limit;
      5. the Customer is insolvent or suspected by Triple Torque Services on reasonable grounds to be insolvent;
      6. the Customer ceases or threatens to cease carrying on business;
      7. the Customer fails to collect or accept delivery of Goods or Customer Equipment; or
      8. Triple Torque Services reasonably considers that continuing to provide Goods or Services may expose it to legal, safety, financial or commercial risk.
    2. If the Customer is in default, Triple Torque Services may:
      1. suspend or terminate supply;
      2. refuse to release Goods or Customer Equipment;
      3. withdraw or vary credit;
      4. require payment in advance;
      5. declare all amounts immediately due and payable;
      6. exercise any lien or security interest;
      7. store, return, sell or dispose of Goods or Customer Equipment in accordance with these Terms and applicable Law; and
      8. recover all enforcement, recovery, Storage, handling, administration, legal and debt collection costs.

 

  1. DISPUTE RESOLUTION

    1. A party claiming that a dispute has arisen must give written notice to the other party identifying the dispute and providing reasonable details.
    2. The parties must use reasonable endeavours to resolve the dispute by good faith negotiation.
    3. Nothing in this clause prevents a party from seeking urgent interlocutory relief or taking action to recover an undisputed debt.
    4. The Customer must continue to pay all undisputed amounts when due.

 

  1. WEBSITE AND PUBLISHED TERMS

    1. Triple Torque Services may publish the current version of these Terms on its website.
    2. The version applicable to an Order is the version in force when Triple Torque Services accepts the relevant Order, unless otherwise agreed in writing.

 

  1. VARIATION

    1. Triple Torque Services may vary these Terms by giving at least 30 days’ written notice, including by email, website publication, account portal notification, Quotation, consignment note or Invoice notation.
    2. Varied Terms apply to Goods and Services requested, ordered or provided after the effective date of variation.
    3. The Customer’s continued request for, acceptance of, or payment for Goods or Services after the effective date constitutes acceptance of the varied Terms.

 

  1. GENERAL

    1. The Customer must not assign, novate or transfer any rights or obligations under these Terms without Triple Torque Services’ written consent.
    2. Triple Torque Services may assign, novate or transfer its rights or obligations to a related body corporate, purchaser of its business or financier.
    3. Triple Torque Services may subcontract any part of the Goods or Services.
    4. If any provision of these Terms is invalid, illegal or unenforceable, that provision is severed to the extent of the invalidity, illegality or unenforceability, and the remaining provisions continue in force.
    5. A failure or delay by Triple Torque Services to exercise a right is not a waiver of that right. A waiver must be in writing and applies only to the specific instance for which it is given.
    6. These Terms, together with any accepted Quotation and any written agreement signed by the parties, constitute the entire agreement between the parties in relation to the relevant supply.
    7. These Terms are governed by the laws of Queensland.
    8. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.