Terms and Conditions

Please read this Agreement carefully.

1. Overview

  • These Terms and Conditions (“Agreement”) govern your use of our services, products, and any related activities provided by Baker Group AU Pty Ltd (referred to as “Service Provider,” “we,” “us,” or “our”). By accessing or using our services, you (“Customer,” “user,” or “you”) agree to comply with and be bound by these terms. 
  • This Agreement does not supersede current processes and procedures unless explicitly stated herein.Definitions

2. Definitions

In this Agreement, the terms “Service Provider,” “Customer,” and “parties” refer to Baker Group AU Pty Ltd and the user(s) accessing or using our services. The term “parties” collectively refers to both the Service Provider and the Customer.

“Metro Area” is defined as 60km or 1 hour from the capital city centre, whichever is incurred first.

3. Goals and Objectives

  • The goal of this Agreement is to obtain a mutual agreement regarding the extent of services supplied by the Provider.
  • The objective of this Agreement is to:

Ensure both parties acknowledge and agree to the commercial relationship.

Clarify the responsibilities and potential liabilities of both parties.

4. Service Scope

To provide proactive and reactive repairs and maintenance to catering equipment, including gas, electrical and warewashing appliances to the Customer.

5. Customer Responsibilities

  • The customer will provide access to the property where the service will be performed. If the Customer’s representative is not present at the time of the service call, the Customer is responsible for providing a means of access to the Provider before the scheduled time of the Service Call. Failure to provide access to the property, fees and charges may be incurred. 
  • The Customer is responsible to ensure the equipment being serviced is turned off and cooled to an appropriate temperature before the scheduled service booking time. If the Customer’s equipment is not accessible at this time, fees and charges may be incurred.
  • On-site Induction: Should the Provider be required to attend induction training onsite/online before commencing services, the induction fee will be on-charged to the Customer at an hourly rate, plus any additional licensing fees associated with registration to access site/s.

6. Support Availability

  • Phone Support:

Our phone support is available from 8:00am-6:00pm AEST, Monday to Friday. Please note that these hours are subject to change, and any modifications will be communicated in advance.

  • After Hours Emergency Breakdown:
  • Our after-hours emergency breakdown service is available 24/7 to address critical issues affecting your operations outside regular business hours. The after-hours service specifically covers emergency breakdown situations that require immediate attention to prevent or minimize business disruption.
  1. The after-hours service is subject to additional charges, known as after-hours rates. These rates apply to services rendered outside of standard business hours.
  2. After-hours rates will be communicated to the Customer in advance and may vary based on the nature of the emergency and the type of service required.
  • Email Support:

We offer email support from 8:00am-6:00pm AEST, Monday to Friday. Our team will strive to respond to emails within 4 hours, excluding weekends and public holidays.

7. Service Requests

  • Submission:

Service requests can be submitted through our designated channels, including phone (1800 24 24 28) or email (service@bakergroupau.com.au)

  • Response Times:

Our goal is to acknowledge service requests promptly. Standard response times are as follows:

Priority 1: Within 4 Business Hours 

Priority 2: Within 8 Business Hours

Priority 3: Within 3 Business Days

Priority 4: Scheduled Date and Time

  • Priority Definitions

Priority 1 (Critical):

Issues that cause a critical impact on your business operations, resulting in a complete loss of service.

Priority 2 (High):

Issues that have a significant impact on your business operations but do not result in a complete loss of service.

Priority 3 (Medium):

Issues that have a moderate impact on your business operations, with a partial loss of service.

Priority 4 (Low):

General inquiries, requests for information, or non-urgent issues that have minimal impact on your business operations.

  • The Service Provider retains the right to make the final determination of priority level. 

8. Labour Rates and Charges Schedule

  • Labour rates for services provided by Baker Group AU Pty Ltd (“Provider”) will be charged in 15-minute increments.
  • The minimum charge for any service call will include one call-out fee and one hour of labour, even if the actual service duration is less than one hour.
  • Travel within the designated metro area is included in the standard service rates.
  • Travel outside the metro area will be subject to additional charges. The hourly labour rate will apply, and it will be billed in 15-minute increments.
  • Service appointments are scheduled based on the estimated duration of the service. The actual time spent on the service will be recorded in 15-minute increments.
  • The call-out fee is a flat fee charged for dispatching a technician or service personnel to the specified location.
  • Before incurring additional charges, the Service Provider will seek approval from the client. This includes additional labour time or parts required to complete repairs.
  • Approval may be sought verbally, or in writing, with consideration given to the pre-approval limit defined by the Customer.
  • Parking and freight costs incurred by the Provider during service attendance will be on charged to the customer.
  • Parking costs include fees related to parking facilities or street parking required for service attendance. Freight costs encompass shipping, transportation, and delivery charges associated with the service.
  • Due to the variable nature of parking and freight costs, the actual amounts incurred will be determined after the service attendance.

9. Service Management Responsibilities

  • Customer Responsibilities:

It is the Customer’s responsibility to provide accurate and complete information when reporting service requests. This incudes, but is not limited to, Model, serial, fault access and availability times. 

  • Service Provider Responsibilities:

We commit to dedicating appropriate resources to address service requests promptly and efficiently, based on the defined priority levels.

10. Escalation Procedures

  • Escalation Levels:

In the event of unresolved issues, escalation procedures will be implemented, involving higher-level support and management as necessary.

  • Communication:

Clear communication will be maintained throughout the escalation process, with updates provided to the Customer on the status and resolution progress.

11. General

The Customer is responsible for the accuracy of all numbers, information and data associated with the Customer’s account. The Provider is not responsible for any liability for damages arising out of, or in connection with, the Customer’s use of the Service.

12. Payment Terms: Net 30 Days

  • Invoicing:

Invoices for goods or services provided by Baker Group AU Pty Ltd will be issued promptly upon completion of the transaction or as otherwise agreed upon.

  • Net 30 Days:

Payment for the invoiced amount is due within 30 days from the date of the invoice (“Payment Due Date”).

  • Late Payments

In the event that payment is not received by the Payment Due Date, a late payment fee may be applied at the discretion of the Provider. The late payment fee will be [specify percentage] per month or the maximum allowable by law.

  • Communication of Late Payment:

The Provider reserves the right to communicate with the Customer regarding any late payments and may suspend or terminate services until payment is received.

  • Payment Methods

Payments should be made in the currency specified on the invoice and can be remitted through the methods agreed upon between the parties, such as bank transfer, credit card, or other acceptable payment methods.

  • Credit Terms

Extension of credit terms beyond Net 30 Days may be subject to credit approval by the Provider.

  • Dispute Resolution

In the event of a dispute regarding an invoice, the Customer must notify the Provider within 14 days from the invoice date. Both parties will work together in good faith to resolve the dispute promptly.

13. Privacy

  • The personal information that the Provider obtains from or about the Customer is collected for business purposes of providing the Customer with services ordered.
  • The Provider’s Privacy Policy details why personal information is collected, who the Provider may disclose it to (including whether it is likely to disclose it to overseas recipients), and the main consequences (if any) if the Provider does not collect it.
  • The Privacy Policy also contains information about how the Customer may seek access to, or correction of, the personal information held by the Provider, and the complaint resolution procedures. Please contact the Business Relationship Manager to obtain a copy of the Privacy Policy.

14. Warranty

  • Our goods and services come with guarantees that cannot be excluded under Australian Consumer law.
  • The Customer indemnifies the Provider against costs of parts and repairs if it is determined by the Provider that the Customer’s equipment has failed due to misuse or negligence by the Customer (or their representatives).
  • The Service Provider warrants that all services performed will meet industry-standard workmanship practices and will be free from defects for a period of 30 days from the completion date.
  • The Warranty covers defects arising from faulty workmanship or issues directly related to the services rendered. It does not cover damage caused by external factors, misuse, or modifications made by parties other than the Service Provider.
  • To activate the Warranty, the Customer must promptly notify the Service Provider of any defects or issues within the 30-day period following the completion of the service.
  • The Customer agrees to provide the Service Provider with reasonable access to the site to inspect and remedy any issues covered by the Warranty.
  • In the event of a valid claim under the Warranty, the Service Provider will, at its discretion, either repair or replace the defective workmanship within a reasonable timeframe.
  • Any attempts by parties other than the Service Provider to remedy defects during the Warranty period will void the Warranty.
  • The Warranty does not cover defects or issues arising from third-party products, materials, or components not supplied by the Service Provider.
  • Normal wear and tear, as determined by industry standards, is excluded from the Warranty.
  • The 30-day period of the Warranty begins on the completion date of the service as documented by the Service Provider.
  • The maximum liability of the Service Provider under this Warranty is limited to the cost of remedying the defective workmanship.
  • The Provider warrants that the supplied spare parts will be free from defects in material for a period of 90 days from the date of installation or purchase.
  • Spare parts warranty is applicable only to the parts replaced and not others that may cause a similar fault.
  • The Parts Warranty does not cover labour costs associated with the removal or installation of spare parts. Such costs are the responsibility of the Customer. 
  • Supplied equipment warranties are underwritten by the importer/distributor. The importer/distributor retains ownership of equipment warranties. 

15. Limit of Liability

  • The Provider is not liable for any loss of performance, non-performance, loss of productivity, delays in delivery, delays in service, loss of income or revenue as a result of providing the Services.
  • The Customer indemnifies the Provider against any liability for damages to third parties using the equipment that has been serviced by the Provider or its subcontractors.

16. Variation

This agreement may not be changed or modified in any way except in writing signed by or on behalf of all the parties. 

17. Governing Law

This agreement is governed by and is to be construed and take effect in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

18. Counterparts

This agreement may be executed in counterparts (that is, separate copies of the same document, each signed by each party). All executed counterparts constitute one agreement. 

19. Modification of Terms

We reserve the right to update, change, or replace any part of these Terms and Conditions. The Supplier will endeavour to update the client on any major changes to the terms however, it is the Customer’s responsibility to check this page periodically for changes. Your continued use of our services following any modifications constitutes acceptance of those changes.

20. Additional Policies

In addition to these Terms and Conditions, the use of specific services may be subject to additional guidelines, rules, or policies. By using such services, you agree to abide by these additional terms.

Thank you for choosing Baker Group AU. We are committed to providing you with excellent service, and we appreciate your cooperation in complying with these Terms and Conditions. If you have any questions or concerns, please contact us at ph: 1800 24 24 28 or email us at service@bakergroupau.com.au .

These Terms and Conditions of Sale and Service (“Terms”) govern all goods and services supplied by Baker Group AU Pty Ltd (ABN 68 629 861 838) (“Baker Group”, “we”, “us”, “our”) to you, the purchaser of goods or services (“Customer”, “you”). By requesting, ordering, purchasing, or receiving goods or services from us, you agree to be bound by these Terms.

1. Definitions

In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth).

Agreement means these Terms, together with any Quote, order confirmation, or Service Level Agreement issued by us.

Business Hours means 8:00 am to 4:30 pm local time, Monday to Friday, excluding public holidays in the relevant state or territory.

Confidential Information means all information disclosed by one party to the other which is confidential in nature, but does not include information that is public knowledge, already known to the recipient, or independently developed.

Force Majeure Event means any event or circumstance beyond our reasonable control, including but not limited to acts of God, fire, flood, war, civil unrest, industrial action, pandemic, epidemic, government action, or failure of public utilities or transport networks.

Goods means any catering equipment, spare parts, or other products supplied by Baker Group, including those sold via the Web Store.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Insolvency Event means an event where a party becomes insolvent, enters into administration, receivership, or liquidation, is declared bankrupt, or any analogous event occurs.

Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents, trade secrets, and any other rights to intellectual property.

Metro Area means the area within a 60-kilometre radius or a one-hour drive from the GPO of the nearest capital city, whichever is less.

PPSA means the Personal Property Securities Act 2009 (Cth).

Quote means a written quotation provided by us to you for the supply of Goods or Services.

Services means all repair, maintenance, installation, and related services provided by Baker Group.

Web Store means the Baker Group Online spare parts web store located at https://bakergroupau.com.au/online-store/.

2. Quotes, Orders, and Agreement Formation

2.1. All Quotes are valid for 30 days from the date of issue, unless otherwise stated. A Quote is an invitation to treat and not an offer to supply.

2.2. An order or request for Goods or Services from you constitutes an offer to purchase in accordance with these Terms. Our acceptance of your order occurs when we issue an order confirmation or commence supply of the Goods or Services, at which point a binding agreement is formed.

2.3. We reserve the right to accept or reject any order in our absolute discretion.

2.4. These Terms apply to the exclusion of any other terms or conditions you may propose, including any terms attached to a purchase order, unless we expressly agree otherwise in writing.

2.5. Once an order has been accepted by us, it cannot be cancelled by you without our prior written consent. We may require you to reimburse us for any costs incurred up to the date of cancellation.

3. Price and Payment

3.1. Unless otherwise stated in writing, all prices are exclusive of GST. You must pay GST in addition to the price.

3.2. Payment Terms: For Customers with an approved credit account, payment is due in accordance with the payment terms confirmed during the onboarding process and as stated on our invoice (“Due Date”). For all other Customers, full payment is required prior to the dispatch of Goods or commencement of Services.

3.3. Late Payments: If you fail to make payment by the Due Date, we may, without prejudice to any other right or remedy, do any or all of the following:

  • (a) Charge interest on the overdue amount at a rate of 2% per month, calculated daily from the Due Date until the date of payment in full;
  • (b) Suspend or terminate the supply of further Goods or Services;
  • (c) Require immediate payment of all other outstanding invoices, whether or not they are due; and
  • (d) Charge you for all costs and expenses incurred by us in recovering the debt, including but not limited to legal fees (on a solicitor/client basis) and collection agency fees.

3.4. Payment Methods: Payments can be made via bank transfer or credit card. Payments made by credit card may be subject to a surcharge, which will be disclosed at the time of payment.

3.5. You must make all payments without any set-off, deduction, or counterclaim.

3.6. We reserve the right to review, vary, or withdraw any credit facility at any time in our sole discretion.

4. Delivery, Title, and Risk

4.1. Delivery: We will make reasonable efforts to deliver Goods by any estimated delivery date, but we are not liable for any loss or damage arising from any delay in delivery. Delivery occurs when the Goods are delivered to your nominated address.

4.2. Inspection: You must inspect the Goods upon delivery and notify us in writing of any damage, shortage, or defect within 48 hours of delivery. Failure to do so will be deemed acceptance of the Goods in good condition.

4.3. Risk: Risk in the Goods passes to you upon delivery.

4.4. Title: Title and ownership of the Goods do not pass to you until we have received full payment in cleared funds for the Goods and all other amounts owing by you to us on any account.

4.5. Until title passes to you, you must:

  • (a) hold the Goods as our bailee and fiduciary agent;
  • (b) store the Goods separately from your own goods and in a manner that clearly identifies them as our property;
  • (c) not sell, charge, or otherwise encumber the Goods without our prior written consent; and
  • (d) keep the Goods insured against all risks for their full price.

4.6. Right of Repossession: If you fail to make payment when due or an Insolvency Event occurs, we are irrevocably authorised to enter any premises where the Goods are located and repossess them without liability for trespass or any resulting damage.

6. Reactive Repair Services

6.1. Service Scope: We provide reactive repairs and breakdown maintenance to commercial catering equipment, including gas, electrical, and warewashing appliances.

6.2. Customer Responsibilities:

  • (a) You must provide safe, clear, and unrestricted access to the equipment and property at the scheduled time. Failure to do so may result in a futile service charge at our standard rates.
  • (b) You must ensure the equipment is switched off and has cooled to a safe temperature prior to our technician’s arrival.
  • (c) You must ensure the site complies with all applicable work health and safety (WHS) laws and regulations. You indemnify us against any loss, claim, or liability arising from your breach of this obligation.
  • (d) If we are required to undertake site-specific inductions (online or in-person), the time and any associated costs will be charged to you.
  • (e) You must provide accurate information when lodging a service request, including make, model, serial number, and a clear description of the fault.

6.3. Service Levels & Support Availability:

  • (a) Business Hours Support: Phone (1800 24 24 28) and email (service@bakergroupau.com.au) support is available during Business Hours.
  • (b) After-Hours Emergency Service: A 24/7 emergency breakdown service is available for critical issues outside Business Hours and is subject to after-hours rates.

6.4. Service Charges:

  • (a) Labour is charged in 15-minute increments, with a minimum charge of one hour plus a call-out fee for each site visit.
  • (b) Travel time outside the Metro Area is chargeable at our standard hourly labour rate.
  • (c) Any costs incurred for parking, tolls, or freight for parts will be on-charged to you.
  • (d) We will seek your approval before proceeding with work that exceeds your pre-approved limit or requires significant parts.

6.5. Rate Review: Our labour rates and charges are subject to review and may be changed by us upon providing you with reasonable notice.

7. Planned Maintenance Services

7.1. Scope: We provide proactive planned maintenance services (“Planned Maintenance”) as detailed in a separate Service Level Agreement (SLA) or Quote. These services are designed to minimise equipment failure and ensure optimal performance and will be carried out by a trained and licensed technician.

7.2. Scheduling: Planned Maintenance visits will be scheduled in advance at a mutually agreed time. Customer responsibilities regarding site access and safety, as outlined in clause 6.2, apply to all Planned Maintenance visits.

7.3. Service Inclusions: The specific checks, tests, and adjustments for each Planned Maintenance visit will be defined in the relevant SLA or Quote.

7.4. Exclusions: Planned Maintenance does not cover the cost of repairs or parts required for faults identified during the service, nor does it include the cleaning of equipment. Any remedial work required will be reported to you, and a Quote will be provided for your approval before such work commences.

8. Sub-contracting

8.1. We reserve the right to sub-contract the performance of any part of the Services to suitably qualified and licensed third parties (“Sub-contractors”).

8.2. Such sub-contracting does not relieve us of our obligations under this Agreement. We remain responsible for the quality and performance of any Services carried out by our Sub-contractors.

9. Returns

9.1. Goods may only be returned with our prior written consent, which may be withheld in our absolute discretion.

9.2. Authorised returns may be subject to a restocking fee of 20% of the price of the Goods, plus any freight costs incurred by us.

9.3. Goods must be returned in their original, unopened, and undamaged packaging and in a saleable condition.

9.4. Specially ordered, custom-made, or non-stock items are non-returnable.

10. Baker Group Online Spare Parts Web Store

10.1. These Terms apply to all purchases made via the Web Store.

10.2. Prices listed on the Web Store are subject to change without notice. An order is only confirmed once we have processed it and sent a confirmation email.

10.3. While we strive for accuracy, we do not warrant that product descriptions, images, or other content on the Web Store are accurate, complete, or error-free. It is your responsibility to ensure the part ordered is correct for your application.

10.4. Payment for Web Store orders must be made in full at the time of purchase via the available payment gateways.

11. Warranties

11.1. ACL: Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11.2. Services Warranty: We warrant our workmanship on Services for a period of 30 days from the date of completion. This covers defects arising directly from our labour.

11.3. Installed Spare Parts Warranty: Spare parts supplied and installed by us are warranted against defects for a period of 90 days from the date of installation. This warranty covers the part only and does not include labour for replacement outside the 30-day Services Warranty period.

11.4. Web Store Spare Parts Warranty: Spare parts purchased directly from our Web Store, and not installed by us, are warranted against defects for a period of 90 days from the date of sale. This warranty covers the part only and is void if the part is not installed by a qualified and licensed technician. This warranty does not cover any costs associated with diagnosis, removal, or re-installation of the part.

11.5. New Equipment Warranty: New equipment is covered by the relevant manufacturer’s or importer’s warranty. We will facilitate this warranty for a minimum of twelve (12) months from the date of our invoice. The terms, conditions, and final determination of any claim rest with the manufacturer or importer. Warranty repairs will be carried out during Business Hours. Services required outside these hours may incur additional costs.

11.6. Warranty Claims: To make a warranty claim, you must contact our warranty department at warranty@bakergroupau.com.au with proof of purchase and a detailed description of the alleged defect.

11.7. Warranty Exclusions: All warranties provided by us are voided if a fault is caused by or arises from: misuse, abuse, negligence, accident, improper installation, failure to clean or maintain the equipment in accordance with manufacturer instructions, unauthorised repairs or modifications, power surges or fluctuations, pest or vermin infestation, environmental factors, or use for a purpose for which the equipment was not designed. Warranties do not cover consumable items, including but not limited to filters, seals, fuses, and light globes.

12. Liability and Indemnity

12.1. To the extent permitted by law, and subject to our obligations under the ACL, our total liability for any loss, damage, or claim of any kind arising from or in connection with the supply of Goods or Services is limited to, at our option:

  • (a) in the case of Goods: the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, or the payment of the cost of doing so; or
  • (b) in the case of Services: the re-supply of the Services or the payment of the cost of having the Services re-supplied.

12.2. To the fullest extent permitted by law, we are not liable for any indirect, special, or consequential loss, including but not limited to loss of profit, loss of revenue, loss of business, or loss of productivity.

12.3. You indemnify us and our officers, employees, and agents against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:

  • (a) any breach of this Agreement by you;
  • (b) any negligent or wrongful act or omission by you or your employees, agents, or contractors; and
  • (c) any injury to persons or damage to property caused by the use of equipment we have serviced, except where such injury or damage is a direct result of our negligence.

13. Termination

13.1. Termination for Cause: Either party may terminate this Agreement by written notice if the other party:

  • (a) commits a material breach of these Terms and fails to remedy the breach within 14 days of receiving written notice to do so; or
  • (b) commits a material breach of these Terms that is not capable of remedy.

13.2. Immediate Termination: We may terminate this Agreement immediately by written notice to you if:

  • (a) you fail to pay any amount due under this Agreement by the Due Date; or
  • (b) you suffer an Insolvency Event.

13.3. Termination for Convenience: We may terminate this Agreement for any reason by giving you 30 days’ written notice.

13.4. Consequences of Termination: Upon termination of this Agreement for any reason:

  • (a) all amounts owing to us become immediately due and payable;
  • (b) each party must promptly return or destroy all Confidential Information of the other party;
  • (c) we may enter your premises to repossess any Goods for which payment has not been made in full; and
  • (d) any accrued rights or liabilities of either party are not affected.

13.5. The following clauses survive termination of this Agreement: 1, 3, 4, 11, 12, 13.4, 14, 15, and 16.

14. Privacy

14.1. We collect, use, and disclose your personal information for the purpose of conducting our business, in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which is available on our website or upon request.

14.2. By providing your personal information, you consent to us using it for purposes including processing your orders, managing your account, and marketing our products and services to you.

15. Confidentiality and Intellectual Property

15.1. Each party must keep the other party’s Confidential Information confidential and must not use or disclose it except for the purposes of this Agreement or as required by law.

15.2. We retain all Intellectual Property Rights in all materials, designs, drawings, and documents created or provided by us in the course of supplying the Goods or Services. Nothing in this Agreement transfers any Intellectual Property Rights to you.

16. General

16.1. Governing Law and Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state and courts of appeal from them.

16.2. Variation: We may vary these Terms at any time by publishing the updated terms on our website. Any order placed after the publication of the new Terms will be subject to the new Terms.

16.3. Force Majeure: We are not liable for any failure to perform our obligations if such failure is due to a Force Majeure Event. We will notify you of the delay and its cause, and our obligations will be suspended for the duration of the Force Majeure Event.

16.4. Entire Agreement: This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings.

16.5. Dispute Resolution: If a dispute arises, the parties must first attempt to resolve it in good faith through direct negotiation. If the dispute is not resolved within 21 days, either party may refer the dispute to mediation before commencing any legal proceedings, except for applications for urgent interlocutory relief.

16.6. Notices: Any notice under this Agreement must be in writing and sent to the other party’s nominated email or physical address. A notice is deemed to have been received when the sender’s email system confirms delivery or, in the case of post, three business days after posting.

16.7. Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be severed, and the remainder of the Agreement will continue in full force and effect.

16.8. Waiver: A failure or delay by a party to exercise a right or remedy under this Agreement does not constitute a waiver of that right or remedy.

16.9. Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or sub-contract our rights and obligations without your consent.

16.10. Relationship of Parties: The relationship between the parties is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the parties.

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