1. DEFINITIONS
Agents means a contractor, employee, officer or agent.
Application Form means the application form provided by Us.
Authorised Representative means the person nominated on the Application Form and any other person as nominated by You from time to time.
Confidential Information means, in relation to a Party, the information, forms, manuals, specifications, Intellectual Property, know-how, ideas, plans, designs, reports, computer software, schematics, processes, publications, statements, trade secrets, formulations, drawings and data which is not in the public domain;
Customer means You and/or the applicant named on the Application Form and/or the relevant Purchase Order Form.
Expenses means Our costs and expenses (in addition to the Purchase Price) payable by You and described in the Quote.
Force Majeure Event means each of the following:
- any act of nature, including without limitation, cyclone, typhoon, flood, fire or storm;
- any governmental requisition, control, intervention, requirement or interference; and
- any circumstances arising out of war, threatened act of war or warlike operations, act of terrorists or the consequences of war, threatened act of war or warlike operations or act of terrorists, which is beyond the reasonable control of the Affected Party and is not caused by any act or omission of the Affected Party.
Goods means any and all goods supplied by Us to You from time to time pursuant to the Purchase Order Form, Quote, Tax Invoice or any variation thereof.
Guarantors means the persons who signed these T&Cs under the ‘Personal Guarantee’ of the execution block.
Intellectual Property includes but is not limited to trademarks, patents, reports, copyrights, processes, know-how, designs or other like rights or any right.
Law means any rules, laws, regulations and legislation applicable to the jurisdiction where the Goods or Services are supplied.
Party means both Us and You.
Personnel means the employees, contractors, agents or officers in respect of a Party.
Purchase Order Form means the purchase order request provided by You to Us from time to tome by means acceptable to Us.
Purchase Price means the costs of the Goods as stated on the Quote or Tax Invoice as varied from time to time by Us in accordance with these T&Cs.
Quote means Our quote provided to You for the Goods related to the supply noted on the Purchase Order Form.
Services means those services undertaken by Us as set out in the Quote for the supply and installation of Goods (or such other services as agreed to in writing) and provided pursuant to these T&Cs.
Site means the area or premises identified in the Quote, or as advised by You, where the Services are to be carried out or the Goods are to be installed by Us.
Substantial change means any variation to the Quote or Purchase Order Form that may in any way effect the Goods to be provided as determined by Us.
Tax Invoice means the tax invoice supplied by Us to You in accordance with these T&Cs.
T&Cs means these terms and conditions, which apply to any Application Form, Quote or Purchase Order Form exchanged between the parties, including any subsequent variation thereof in accordance with the terms and conditions set out herein.
We, Us and Our means Moddex Group Pty Ltd.
You and Your means the person or entity identified in the Application Form.
2. ENGAGEMENT AND ACCEPTANCE OF T&Cs
2.1. The scope of the Services is outlined in the Quote.
2.2. We shall undertake the Services described in the Quote together with such other services as may be agreed between the parties from time to time in writing and in accordance with these T&Cs.
2.3. By accepting any Quote or issuing a Purchase Order Form, You agree that You are bound by these T&Cs and that You have read and understood these T&Cs.
2.4. You warrant that the information provided by You to Us is true and accurate.
2.5. Any dates for completion of Services quoted are estimates only. We are not liable in connection with any failure to complete the Services by such dates.
2.6. We may at any time engage any third party, or use any member of Our personnel, to provide goods and/or services similar or identical to the Services.
3. PRICING
3.1. All prices as quoted are exclusive of GST, unless GST is clearly defined immediately prior to the quotation total.
3.2. Pricing is subject to the availability of any quoted materials at the time of Us providing You with a Quote.
4. QUOTE ACCEPTANCE AND EXPIRY
4.1. You must communicate Your acceptance of a Quote issued by Us to You within 30 days of receipt of the Quote.
4.2. Any Quote provided by us pursuant to a Purchase Order Form and in accordance with these T&Cs will be open and valid for acceptance for 30 days only, after which time it will expire, and We reserve Our right to issue a new Quote (which may be subject to new Pricing).
5. INITIAL PAYMENT
5.1. Upon acceptance of a Quote, You must pay to Us the deposit amount nominated in the Quote (the Initial Payment).
5.2. Refunding of the Initial Payment will be at Our sole discretion, except where We elect to cancel the supply and installation of the Goods and/or Services. Any refund of the Initial Payment will be subject to Us deducting any costs or Expenses We have already incurred at the time of cancellation or termination of the Services from the Deposit amount.
5.3. The Initial Payment will be applied as payment on account of the total quoted or invoiced Purchase Price, with the balance payable in accordance with these T&Cs.
5.4. We will not commence work or supply Goods until payment of the Initial Payment has been received.
6. OWNERSHIP OF GOODS & RISK
Ownership
6.1. Ownership of any Goods supplied and/or installed by Us will not pass to You until You have made payment in full for:
a) the Services; and
b) the Goods; and/or
c) any Tax Invoices we have issued in accordance with these T&Cs.
6.2. Until such time as payment is received in full, We retain legal and beneficial ownership of the Goods.
6.3. We exercise a lien over the Goods until payment is received in full.
6.4. In the event that You fail to make payment when due in accordance with these T&Cs, We may, without prejudice to any other rights or remedies:
a) enter the Site or any premises where the Goods are located;
b) remove the Goods (whether or not installed); and
c) recover from You all reasonable costs of removal, transport and/or storage of the Goods.
Risk
6.5. Goods supplied by Us to You are at Your risk immediately upon delivery to You.
6.6. You, Your Authorised Representatives or personnel, must not sell, lease, dispose of, or otherwise deal with the Goods in any way that is inconsistent with Our ownership of the Goods until such time full payment is made.
6.7. You must ensure, until such time full payment is made for the Goods and/or Services, that You protect the Goods from risk, damage, theft and otherwise in a god and serviceable condition.
6.8. You must do all things necessary to ensure the Goods remain readily identifiable as our Property until such time payment is made in full.
Dealing with Goods
6.9. Where we have supplied Goods to you for resale, manufacturing or constructions, You may only do so if done in the ordinary course of Your business, and as our agent.
6.10. You must not represent Yourself as having, and You do not have, authority to:
a) enter into contracts on behalf of Us (except for the permitted resale of Goods under these T&Cs);
b) very the terms of sale or warranty applicable to the Goods; or
c) bind Us in any way or create any liability for Us.
6.11. You must clearly disclose to Your customers that You act only as an agent for Us in relation to any resale of any Goods.
6.12. You must not make or give any warranties, guarantees, representations or undertakings about the Goods except as expressly authorised by Us.
6.13. In the event that You are permitted to resell the Goods, nothing under these T&Cs will constitute the relationship between Us and You as a partnership, employment, joint venture or legal representation.
7. PERFORMANCE
7.1. In providing the Services, We shall exercise standards of diligence, skill and care normally exercised by a similarly qualified specialist in the performance of comparable work and services. We shall not be liable in any respect for a failure to exercise standards of diligence, skill and care beyond that normally exercised by a similarly qualified specialist in the performance of comparable work, including compliance with any applicable Australian Standards and appropriate industry testing methods as published from time to time.
8. INFORMATION, ACCESS AND PROCEDURES
Information
8.1. You must provide to Us all necessary briefing and information concerning Your requirements for the provision of the Services.
8.2. You acknowledge and agree that:
a) We have relied, and do rely, on Your information in the preparation of the Quote and in undertaking or performing the Services; and
b) as a consequence of paragraph 5.2(a), We shall not be liable to You for any damage or consequential loss, or loss caused to You by incomplete or inaccurate information supplied by You (or Your Authorised Representative or personnel) to Us.
8.3. You must give Us notice of any matter which may change the scope or timing of the Services immediately upon becoming aware of such events.
8.4. If We become aware of any matter that will change in any way the scope or timing of the Services, then We shall promptly notify You of that matter.
Access
8.5. You must provide Us with access to the Site(s) as is reasonably necessary for Us to undertake or perform the Services, and as otherwise required under these T&Cs or requested in writing.
Delays
8.6. If We are delayed in performing Our obligations by an act or event beyond Our reasonable control (such as a Force Majeure Event), time for performing the obligations and Services shall be extended by a time equal to the delay and We will not be held liable in any way.
Procedures
8.7. A failure to provide information or access to the Site in accordance with this clause 5 may, at Our discretion, result in the termination of the Services or an extension of time to complete the Services. We will not be liable to You or any third parties for any damage, loss or consequential costs or claim.
9. PAYMENT
9.1. We will provide to you a Tax Invoice for the Goods and/or Services provided in accordance with these T&Cs.
9.2. You must pay the amount of the Tax Invoice within seven (7) days of the date noted on the Tax Invoice, or as otherwise directed by Us in writing.
9.3. Payment of a Tax Invoice must be made in the matter set out in the Tax Invoice, which is usually by (i) direct deposit; (ii) a cleared cheque into Our nominated bank account; or via credit card (surcharges will apply).
9.4. You acknowledge that as We provide an estimate in the Quote, We may need to charge You a higher amount than stated in the estimate. This can occur for several reasons, in particular where:
a) the Services change, or the amount of work You require Us to provide increases or is different to what We and You agreed before We started performing the Services and as stated in the Quote; or
b) when We start performing the Services it becomes apparent that the amount of Services We will need to perform or the type of work that is involved is different to what We and You agreed to before We started performing the Services and We could not reasonably foresee this before We started performing the Services.
c) We will contact You as soon as We become aware of any additional charges or expenses in accordance with clause 9.4 of these T&Cs.
9.5. You must also pay other such amounts in respect of other services agreed to be provided.
Payment default and interest
9.6. We are entitled to charge You interest at the rate of 4% per month on any overdue payments calculated on a daily basis from the due date for payment up to and including the date of payment.
9.7. We may charge a reasonable administration fee each month where you have failed to make payment of a Tax Invoice.
9.8. Nothing under clauses 9.6 and 9.7 affect any other rights we may have in relation to Your failure to make payment under these T&Cs.
Other charges
9.9 You shall pay all costs and expenses, including legal expenses on a solicitor and own client basis, incurred by Us in pursuing any overdue payments or any other action based on a breach of these T&Cs by You.
9.10. If the performance of the Services is delayed by an act, omission or default of You or Your personnel, then You shall pay Us for the costs and expenses incurred by Us as a result of the delay without any right of setoff or discount.
Changes in laws
9.11. If after the date of these T&Cs there is any change to the laws, by-laws, regulations or ordinances of the Commonwealth of Australia or a State or Territory of Australia (or any country or territory where the Services are to be performed) or any Statutory Authority, and that change directly or indirectly increases or decreases the Purchase Price or Expenses, then We may vary the Purchase Price and Expenses accordingly.
10. VARIATIONS
10.1. We may but are not obliged to undertake services requested by You in addition to the extent of works outlined in the Quote.
10.2. You will be charged for any additional services undertaken by Us beyond the extent of the Services outlined in the Quote, including any additional services or work occasioned:
a) because any assumptions outlined in the Quote Were not satisfied or accurate;
b) by reason of any delay (not due to Our conduct);
c) due to inaccuracy or insufficiency of instructions;
d) by any breach by You of these T&Cs.
The additional charges will be the amount agreed in writing between the parties and failing agreement, the additional services will be charged on a ‘time and cost’ basis.
11. DEFECTS AND RETURNS
11.1 You must notify Us in writing of any defects in the Goods or Services within ten (10) days from supply.
11.2. We will only be liable for rectification of such defects if You have notified us in accordance with clause
11.3. We will not be liable for any claims where Goods have been manufactured/procured to specifications and details provided by You or your personnel.
11.4. Custom manufactured and specially procured Goods are not refundable or returnable.
11.5. You may only return stock line items within fourteen (14) days of delivery for credit. A request for return must be made in writing and returns will not be accepted without prior approval from Us.
11.6. All freight costs for returns are Your responsibility, and We reserve the right to charge a restocking fee of 10% on any returns.
12. LIABILITY, INDEMNITY AND INSURANCE
Liability
12.1. To the maximum extent permitted by law:
a) Our liability to You arising out of or in connection with these T&Cs (including the performance or non-performance of the Services) whether under the law of contract, in tort (including negligence), in equity, under statute or otherwise shall be limited to the following:
(i) in so far as it relates to the supply of Goods:
(A) replacement of the Goods or the supply of equivalent Goods;
(B) repair of the Goods;
(C) payment of the cost of replacing the Goods or equivalent goods;
(D) cost of having the Goods repaired;
(ii) in so far as it relates to Services:
(A) the resupply of the Services; or
(B) payment of the cost of having the Services resupplied.
b) We are not liable to You in respect of any consequential or indirect loss or damages (including loss of profits or business opportunity or payment of liquidated sums or damages under any other agreement, loss by reason of shut down or non-operation, increased costs of borrowing, capital or financing, loss of use or productivity or any consequential, indirect or economic loss or damage);
12.2. Our liability to You for any loss or damage, including a claim for damages for a breach of these T&Cs by Us shall be reduced to the extent that an act or omission of You or Your employees, agents or consultants, contributed to the loss or damage.
12.3. To the extent permitted by Law, We will not be liable for any losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings arising out of, or in connection with, these T&Cs or the performance of the Services about which You do not notify Us in writing, within twelve months from the date of Our last invoice to You in respect of the Services.
Indemnity
12.4. You indemnify us against:
a) Any penalty and/or liability incurred by Us for any breach by you of these T&Cs; and
b) all claims, costs, suits and demands by third parties (including, without limitation, any Sub-contractor) arising in respect of the Services.
Insurances
12.5. Each Party will take out and hold all their own necessary insurances as required by Law.
13. WARRANTY EXCLUSIONS
13.1. To the maximum extend permitted by law, unless otherwise stated herein these T&Cs, all warranties, conditions, guarantees or representations (whether express or implied) are excluded.
13.2. We will not be liable for any defect, damage or failure arising from:
a) fair wear and tear, weather exposure, or gradual deterioration;
b) misuse, neglect, abuse, vandalism or accident;
c) failure to maintain the Goods in accordance with Our recommendations;
d) unauthorised repairs, modifications or alterations to the Goods;
e) use of the Goods for purposes other than the intended use;
f) damage caused by external factors;
g) installation, relocation or dismantling by any person other than Us (unless authorised in writing);
h) cosmetic or superficial damage that does not materially affect performance or structural integrity.
13.3. We make no warranty as to:
a) the performance of the Goods in preventing theft, damage, or loss of Your assets or any third-party assets;
b) compliance of the Goods with any local laws, planning approvals or site requirements unless expressly agreed in writing.
13.4. For any warranties in relation to Goods not manufactured by Us, the warranty shall be the warranty provided by the manufacturer and We will not be bound by, not responsible for, any term, conditions, warranty, description or representation other than that which is given by the manufacturer of the Goods.
13.5. Nothing in clause 13 limits Our liability to the extent that Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA) applies to the Goods and/or Services or these T&Cs. Where Schedule 2 of the CCA applies to the Goods and/or Services or these T&Cs, You agree and acknowledge that Our liability under or in connection with the claim, action or proceeding You make for breach of the CCA will be limited, at Our option, to the resupply of the Services again or the cost of having the Services supplied again.
14. DISPUTE RESOLUTION
14.1. If a dispute arises out of or in connection with these T&Cs, then either party may by notice in writing served on the other party require that such dispute be resolved in accordance with clause 14.2.
14.2. Within 14 days after service of a notice under clause 14.1, nominated representatives of each party must meet and use their best endeavours to resolve the dispute or agree on a process for resolving the dispute.
14.3. If the dispute is not resolved or a process for resolving the dispute is not agreed to within 28 days of service of the notice referred to in clause 14.1, then the dispute may be resolved through whatever means are available to them at law.
15. TERMINATION OF SERVICES
15.1. Without limiting any other provision of these T&Cs, cancellation of a Purchase Order Form or a Quote will only be accepted if payment of the cost of any Goods, labour or materials already expended by Us at the date of cancellation is paid by You, plus an administration cost of 10% of the Quoted Purchase Price.
15.2. A Party may immediately terminate the Services by notice to the other Party if the other Party breaches any term of these T&Cs and fails to remedy it within 14 days of receipt by the Party of a notice identifying the breach and requiring its remedy.
15.3. A Party may immediately terminate the Services by notice to the other Party if any of the following occur to the other Party:
a) a liquidator, receiver, receiver and manager, administrator, official manager or other controller (as defined in the Corporations Act 2001 (Cth)), trustee or controlling trustee or similar official is appointed over any of the property or undertaking of the other Party;
b) the other Party is, or becomes unable, to pay its debts when they are due or is or becomes unable to pay its debts within the meaning of the Corporations Act 2001 (Cth), or is presumed to be insolvent under the Corporations Act 2001 (Cth);
c) an application is made for the liquidation of the other Party or a resolution is passed or any steps are taken to liquidate or pass a resolution for the liquidation of the other Party.
15.4. This clause 15 shall be without prejudice to any rights that may have accrued for either Party before termination and all sums due to Us will be payable in full when termination takes effect.
15.5. This Agreement will automatically terminate upon completion of the Services by Us and payment of the Purchase Price and any other amounts payable under these T&Cs by You.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. The Parties acknowledge and agree that:
a) they are each the sole owner of their Intellectual Property;
b) they must respect the other Parties Intellectual Property and only use it for the purposes intended by these T&Cs;
c) they will not reproduce or copy the other Parties Intellectual Property;
d) they will not share the other Parties Intellectual Property with another third party unless required to do so by law.
e) their respective Confidential Information is provided in the strictest confidence and contains valuable Intellectual Property Rights and other know-how of substantial commercial value; and
f) there is no transfer of Intellectual Property rights under these T&Cs.
16.2. Notwithstanding clause 16.1, We are the legal owner of all intellectual property rights associated with Our Goods, products, systems, sub-brands, website content, technical documentation, and related marketing materials. This includes, but is not limited to all:
a) registered and unregistered trademarks;
b) brand names;
c) product names;
d) proprietary designs;
e) drawings;
f) technical specifications;
g) software;
h) images;
i) videos;
j) logos; and
k) written content.
17. CONFIDENTIALITY
Obligations of confidentiality
17.1. In consideration of the Parties disclosing any of their respective Confidential Information to the other, each of the Parties will:
a) refrain from Using the other Party’s Confidential Information for any purpose whatsoever other than for the purposes of performing the obligations under these T&Cs, except with the prior written consent of the other Party;
b) not to any extent exploit, duplicate, reproduce, modify, adapt, reverse engineer or translate any of the Confidential Information, except with the prior written consent of the other Party;
c) not disclose or distribute the Confidential Information or any part of the Confidential Information to any person or other entity without the prior written consent of the other Party;
d) not directly or indirectly (except upon the written authorisation of the other Party or as permitted under these T&Cs) disclose or relate in any way to any person or publish in any manner whatsoever, any information or any material of any kind and in whatever form, such information concerning the Confidential Information which may have been acquired in the course of, or as incidental to the Services or any negotiations or discussions with the other Party incidental to these T&Cs;
e) obtain from all personnel and other persons to whom the Confidential Information is disclosed, written undertakings to maintain the secrecy of the Confidential Information, and to apply its best efforts to enforce such undertakings; and
f) immediately tell the other Party if they suspect that there is an actual or suspected unauthorised use of the other Party’s Confidential Information.
Exceptions
17.2. The restrictions in clause 17.1 relating to confidentiality do not apply, to the extent that:
a) any part of the first Party’s Confidential Information was known or possessed by the other Party at the time of the disclosure unless it was known or possessed by the other Party in breach of a third-party confidentiality agreement (knowingly or otherwise). It is the obligation of the other Party to prove that it knew or possessed the first Party’s Confidential Information at the time of disclosure;
b) the disclosure is expressly permitted by these T&Cs;
c) the disclosure is required by law;
d) the disclosure is to solicitors, barristers or other professional advisers under a duty of confidentiality; or
e) the information is available to the public generally (except as a result of a previous breach of this clause).
18. PERSONAL PROPERTY SECURITIES ACT 2009 (CTH) (PPSA)
18.1. Without limiting any other provision under these T&Cs, You acknowledge and agree that by accepting these T&Cs, it creates a security interest (as defined in the PPSA) in Our favour over the Goods (including any proceeds) to secure payment of all amounts owing by You to Us.
18.2. We may register a security interest on the Personal Property Securities Register (PPSR) in any manner We considers appropriate.
18.3. You must promptly do all things and execute all documents reasonably required by Us to enable Us to:
a) register, perfect and maintain our security interest under these T&Cs; and
b) exercise any rights in connection with that security interest.
18.4. To the maximum extent permitted by law, You waive Your rights to receive any notices, statements or verifications under the PPSA, including but not limited to sections 95, 118, 121(4), 123, 130, 132, 135 and 157 as amended from time to time.
18.5. If You fail to pay any amount owing when due, We may, without prejudice to any other rights, exercise any right available to Us under the PPSA (including to seize, remove or dispose of the Goods) and You grant Us an irrevocable licence to enter any Site where the Goods are located to do so.
19. SECURITY & CHARGE OVER PROPERTY
19.1. As security for the due and punctual payment of all amounts owing (present or future, actual or contingent) by You to Us under these T&Cs or otherwise, You:
a) charges in favour of Us all of Your right, title and interest (whether legal or equitable) in any real property now owned or later acquired by You;
b) agree that this clause creates a registrable security interest and an equitable charge over that property.
19.2. You consent to Us lodging a caveat or any other document required to protect or perfect Our interest under this clause and agree not to object to or seek removal of any such caveat, provided it relates to the security created by this clause 19.
19.3. You agree, on demand by Us, to execute any mortgage or other instrument of security over Your real property in a form reasonably required by Us to better secure payment of any amounts owing.
19.4. You indemnify Us against all costs and expenses (including legal costs on a full indemnity basis) incurred by Us in exercising Our rights under this clause 19.
20. PERSONAL GUARANTEE
20.1. In consideration for Us providing the Services to You, the Guarantor(s) personally guarantee to Us the due and punctual payment of the Purchase Price, Expenses and any other amounts payable by You under these T&Cs.
20.2. The Guarantor(s) must be a natural person other than You and must be capable of being sued in their personal capacity.
20.3. The Guarantor indemnifies Us against all losses, liabilities and expenses (including legal expenses) that We incur as a result of the non-payment of the Purchase Price, Expenses and any other amounts payable by You under these T&Cs.
20.4. If You do not pay any amounts due and payable pursuant to these T&CS, the Guarantor must pay them on demand or as directed by Us.
20.5. The Guarantor(s) obligations under these T&Cs are continuing until all amounts due and payable under these T&Cs are paid in full, unless released with our express written consent.
20.6. A Guarantor is not permitted to any indemnity from You and may not insist that We enforce Our rights under these T&Cs against You first in circumstances where You are in default of Your obligations.
21. GST
21.1. If a supply made under or in connection with the Services and this document is a taxable supply, then at the time the Purchase Price or Expenses are payable, You must pay Us an amount equal to the GST upon receipt of a Tax Invoice from Us.
22. SEVERABILITY
22.1. Where these T&Cs are qualified by any provision of law which applies and which cannot be excluded, or where any such provision in these T&Cs are deemed to be unlawful or unenforceable, such provision shall be severed from these T&Cs, and all other provisions herein shall remain in force to the fullest extent permitted by law.
23. FORCER MAJEURE
23.1. We will not be liable to perform any obligations under these T&Cs to the extent that such failure is caused or due to a Force Majeure Event.
23.2. Where a Force Majeure Event takes place or is likely to take place:
a) We will immediately give You prompt Notice of the fact including:
(i) full particulars of the Force Majeure Event;
(ii) an estimate of its likely duration;
(iii) the obligations affected by it and the extent of its effect on those obligations; and
(iv) the steps taken to rectify it; and
b) the obligations under these T&Cs are suspended to the extent to which they are affected by the relevant Force Majeure Event as long as the Force Majeure Event continues.
24. PRIVACY
24.1. You hereby authorise us to collect, retain, record, use and disclose personal information about You in accordance with the Privacy Act 1988 to persons and/or legal entities who are Our legal representatives, debt collectors, credit reporting authorities or any other individual or organisation that maintains credit references and default listings.
24.2 You also authorise us to make enquiries wit respect to Your credit worthiness, and to exchange information with other credit providers in respect of previous defaults, or to notify credit providers of any default You commit under these T&Cs.
25. GENERAL
25.1. The parties acknowledge and agree that these T&Cs constitute the entirety of the terms and conditions between the parties in relation to the supply of Goods and Services by Us, unless otherwise agreed to in writing.
25.2. Except as provided for in these T&Cs:
a) neither party may assign, transfer or sublet any obligation under these T&Cs without the written consent of the other; and
b) no assignment, transfer or subletting shall release the assignor of any obligation under these T&Cs.
25.3. You acknowledge that, unless agreed otherwise, the provision of Services by Us is not given on an exclusive basis.
25.4. Nothing in these T&Cs constitutes a joint venture, agency, partnership or other fiduciary relationship between the parties. At all times when performing Our obligations under these T&Cs, We are an independent contractor and not Your employee or agent.
25.5. A notice purported to be served under these T&Cs shall be deemed to have been properly served if the same is in writing and is sent to the usual business address of the recipient by mail, email or personal delivery for which a receipt is obtained.
25.6. The Agreement shall be governed by the laws of the State of Queensland and You submit to the exclusive jurisdiction of the State Courts of Queensland and the Federal Courts of Australia.
25.7. Clauses 1, 2, 5, 6, 9, 12, 13, 15, 16, 17, 18, 19, 20, 22 and 24 are continuing clauses and survive expiration or termination of these T&Cs.
Requests for permission to use any Moddex trademarks, product names, or copyrighted materials should be directed to: info@moddex.com.au or via our official Contact Us page.
Enforcement
Moddex actively monitors and enforces its intellectual property rights to protect the integrity of its brand and the value we deliver to our customers.
We reserve the right to take appropriate legal action against any unauthorised use, reproduction, or misrepresentation of Moddex’s intellectual property.