1. Definitions

1.1 “Container Aquatics” refers to Containers Aquatics T/A SA Container Services and any authorized representatives acting on its behalf.

1.2 “Sub-Contractor” refers to: (a) Railways or airways operated by the Commonwealth, any state, other countries, or any corporation. (b) Any other entity with whom Container Aquatics arranges for the carriage or storage of Goods. (c) Any servant, agent, employee, or sub-contractor of the entities mentioned in (a) and (b).

1.3 “Customer” refers to the entity requesting services from Container Aquatics as specified in any invoice, document, or order. If multiple entities are requesting services, each is jointly and severally referred to as the Customer.

1.4 “Consignee” refers to the entity to whom the Goods are to be delivered by Container Aquatics.

1.5 “Goods” refers to any cargo, including containers, packaging, or pallets, to be transported by Container Aquatics.

1.6 “Services” encompass all services provided by Container Aquatics, including but not limited to the transportation, storage, handling, or any ancillary services related to the Goods or Containers, such as moving, storing, loading, unloading, stowing, packing, fumigating, transshipping, decanting, heating, washing, remodeling, renovating, or re-purposing.

1.7 “Container” refers to any container or tanker supplied by Container Aquatics to the Customer, whether for sale or hire, including any related services.

1.8 “Damage Waiver Fee” refers to the fee payable by the Customer if insurance evidence is not provided to Container Aquatics as per clause 20.

1.9 “Damage Waiver Limit” is the agreed limit of liability between the parties.

1.10 “Charges” refer to the cost of the Services (plus applicable GST) as agreed between Container Aquatics and the Customer, subject to clause 6.

1.11 “GST” refers to Goods and Services Tax as defined in the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

2. Acceptance

2.1 The Customer is deemed to have accepted these terms and conditions upon placing an order for or accepting Services from Container Aquatics.

2.2 Any amendments to these terms and conditions require written consent from both parties and shall take precedence over any conflicting documents or agreements.

2.3 These terms and conditions are to be read in conjunction with any quotation, consignment note, agreement, airway bill, manifest, or other forms provided by Container Aquatics. In case of any inconsistencies, these terms and conditions shall prevail.

2.4 These terms and conditions are also meant to be read in conjunction with Container Aquatics’ Hire/Storage Contract or Purchase Contract. Where applicable: (a) The terms ‘Goods’ or ‘Services’ include any supply of Containers. (b) In case of inconsistencies between documents, the terms and conditions herein shall prevail.

3. Electronic Transactions Act 2000

3.1 Electronic signatures are accepted provided both parties comply with Section 9 of the Electronic Transactions Act 2000 or any applicable provisions or regulations under that Act.

4. Change in Control

4.1 The Customer must notify Container Aquatics in writing at least fourteen (14) days prior to any proposed change of ownership or changes in the Customer’s details (including name, address, contact information, or business practices). The Customer is liable for any loss incurred by Container Aquatics due to failure to comply with this clause.

5. Customer’s Financial Information

5.1 Container Aquatics will: (a) Retain the Customer’s financial details, including credit card or bank account information, only as long as necessary. (b) Not disclose the Customer’s credit card or bank account details to any third party. (c) Not disclose any of the Customer’s financial information unnecessarily, except in accordance with the Privacy Act (clause 16) or as required by law.

5.2 The Customer agrees that if, under this Agreement, there are: (a) Any unpaid Charges. (b) Other amounts due and outstanding by the Customer. (c) Any Goods supplied on hire that are lost or damaged. (d) Any additional charges due from the Customer not known at the time of the return of the Goods.

Container Aquatics is entitled to immediately charge the Customer’s nominated credit card for these amounts and is authorized to complete any documentation and take any action to recover from the credit card issuer any and all amounts due by the Customer under this Agreement.

6. Charges and Payment

6.1 At Container Aquatics’ discretion, the Charges shall be either: (a) Estimated Charges (subject to clause 6.2), which are not binding as actual Charges can only be determined upon delivery. Container Aquatics will inform the Customer if actual Charges are likely to exceed the original estimate. Variances exceeding ten percent (10%) require Customer approval before proceeding. (b) Quoted Charges (subject to clause 6.2), valid for the period stated in the quotation or otherwise for fourteen (14) days.

6.2 Container Aquatics reserves the right to change the Charges: (a) If there is a variation to the Container to be supplied (including quantity, specifications, hire period, delivery date, etc.) or due to non-disclosure of relevant matters by the Customer, delays caused by the Customer or third parties, or incomplete prerequisite work by third parties. (b) Due to increases in costs from changes in statutory, government, or local body charges, taxes, levies, etc., outside the control of Container Aquatics, including increases in labor or materials, foreign exchange fluctuations, or transport costs, taxes, customs duties, or insurance premiums. (c) Annually for long-term hires of twelve (12) months or more, with one (1) month’s written notice to reflect any increase in the Consumer Price Index (CPI).

6.3 Variations will be charged based on Container Aquatics’ quotation and detailed in writing, shown as variations on the invoice. The Customer must respond to any variation within ten (10) working days. Failure to do so allows Container Aquatics to add the cost of the variation to the price. Payment for variations must be made in full upon completion.

6.4 Unless specified in writing, Charges do not include relocation or removal of the Container, costs of locating or depositing soil, diverting or sealing existing services, creating temporary access roads, obtaining licenses, permits, or consents from authorities.

6.5 Container Aquatics may charge freight by weight, measurement, or value and may re-weigh, re-value, or re-measure and charge proportional additional freight accordingly.

6.6 A deposit may be required at Container Aquatics’ discretion.

6.7 Payment terms for Services are: (a) On delivery of the Goods/Container. (b) Before delivery of the Goods/Container. (c) By installments according to Container Aquatics’ payment schedule. (d) On the date specified on any invoice or form as the payment date. (e) Thirty (30) days following the date of any invoice, if no other terms are specified.

6.8 Payment methods include cash, cheque, bank cheque, electronic/online banking, credit card (surcharge may apply), or any other agreed method.

6.9 The Customer cannot set off or deduct from the Charges any sums owed or claimed to be owed by Container Aquatics nor withhold payment of any invoice due to a dispute.

6.10 Charges do not include GST unless stated. The Customer must pay Container Aquatics an amount equal to any GST Container Aquatics must pay for any Services provided. GST must be paid without deduction or set-off, at the same time and on the same basis as the Charges. The Customer must also pay any other applicable taxes and duties.

6.11 Receipt by Container Aquatics of any form of payment other than cash is not deemed payment until honored, cleared, or recognized. Until then, Container Aquatics retains ownership and rights in relation to the Container and this contract.

7. Container Aquatics Not a Common Carrier

7.1 Container Aquatics is not a Common Carrier and accepts no liability as such. All Goods are transported, and all storage and other services are performed, subject only to these terms and conditions. Container Aquatics reserves the right to refuse the carriage or transport of Goods for any individual, corporation, or entity, and to refuse the carriage or transport of any class of Goods at its discretion.

8. Customer-Packed Containers

8.1 If a container has not been stowed by or on behalf of Container Aquatics, Container Aquatics shall not be liable for loss or damage to the Goods caused by: (a) The manner in which the container has been stowed. (b) The unsuitability of the Goods for carriage or storage in containers. (c) The unsuitability or defective condition of the container.

9. Nomination of Sub-Contractor

9.1 The Customer authorizes Container Aquatics to arrange with a Sub-Contractor for the carriage of any Goods that are the subject of the contract. This arrangement is deemed ratified by the Customer upon delivery of the Goods to such Sub-Contractor, who shall then be entitled to the full benefit of these terms and conditions to the same extent as Container Aquatics. To ensure such entitlement, Container Aquatics enters into this contract for its own benefit and as an agent for the Sub-Contractor.

10. Container Aquatics’ Servants or Agents

10.1 The Customer agrees not to make any claims or allegations against any servant or agent of Container Aquatics which attempt to impose any liability in connection with the Goods. If any such claim or allegation is made, the Customer agrees to indemnify Container Aquatics and any such servant or agent against all consequences.

11. Method of Transport

11.1 If the Customer instructs Container Aquatics to use a particular method of carriage (road, rail, sea, or air), Container Aquatics will prioritize that method. If that method cannot be adopted conveniently, the Customer authorizes Container Aquatics to carry or arrange for the carriage of the Goods by another method or methods.

12. Route Deviation

12.1 The Customer authorizes any deviation from the usual route or manner of carriage of Goods that Container Aquatics deems reasonable or necessary in the circumstances.

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13. Charges Earned

13.1 Container Aquatics’ charges shall be considered earned for Goods for carriage as soon as the Goods are loaded and dispatched from the Customer’s premises.

14. Demurrage

14.1 The Customer is responsible for all proper charges incurred by Container Aquatics for any reason. A charge may be imposed for any delay exceeding thirty (30) minutes in loading or unloading, unless the delay is due to Container Aquatics’ default. This permissible delay period starts when Container Aquatics reports for loading or unloading. The labor required to load or unload the vehicle is the responsibility and expense of the Customer or Consignee.

15. Consignment Note

15.1 It is agreed that the party delivering any Goods to Container Aquatics for carriage or forwarding is authorized to sign the consignment note on behalf of the Customer.

16. Customer’s Responsibility

16.1 The Customer warrants to Container Aquatics that they are either the owner or the authorized agent of the owner of any Goods or property that is the subject of this contract of carriage and/or storage. By entering into this contract, the Customer accepts these conditions for the Consignee and all other parties on whose behalf the Customer is acting.

16.2 The Customer must maintain a public liability insurance policy with a minimum coverage of twenty million dollars ($20m) for the location site where Container Aquatics’ Equipment or the Customer’s property is located.

17. Delivery

17.1 Container Aquatics is authorized to deliver the Goods to the address provided by the Customer for that purpose. It is agreed that Container Aquatics shall be taken to have delivered the Goods in accordance with this contract if they obtain a receipt or a signed delivery docket for the Goods at that address.

17.2 Container Aquatics may deliver the Goods in separate installments according to the agreed delivery schedule. Each installment shall be invoiced and paid for according to the terms of this contract.

17.3 Delivery of the Goods to a third party nominated by the Customer is deemed delivery for the purposes of this agreement.

17.4 The Customer is solely responsible for adequately addressing each consignment and providing written delivery instructions to ensure effective delivery.

17.5 Any delivery time specified by Container Aquatics is an estimate only, and Container Aquatics will not be liable for any loss or damage incurred by the Customer due to late delivery. Both parties agree to make every effort to ensure delivery at the arranged time and place. If Container Aquatics is unable to deliver the Goods as agreed due to any action or inaction by the Customer, Container Aquatics is entitled to charge the Customer for any additional costs incurred due to the delay or rescheduling of the delivery.

18. Loss or Damage

18.1 Subject to any statutory provisions imposing liability for the loss or damage of Goods (including chilled, frozen, refrigerated, or perishable Goods): (a) Container Aquatics shall not be liable for any damage to, loss, deterioration, misdelivery, delay in delivery, or non-delivery of the Goods (whether the Goods are in Container Aquatics’ possession or not), nor for any instructions, advice, information, or service given or provided to any party, whether in respect of the Goods or any other matter, nor for any consequential or indirect loss, loss of market, or consequences of delay. (b) The Customer will indemnify Container Aquatics against all claims of any kind, howsoever caused or arising, brought by any party in connection with any matter or thing done, said, or omitted by Container Aquatics in connection with the Goods.

19. Insurance

19.1 The Customer acknowledges that:

(a) The Goods are carried and stored at the Customer’s sole risk and not at the risk of Containers Aquatics. (b) Containers Aquatics is under no obligation to arrange insurance of the Goods, and it is the Customer’s responsibility to ensure that the Goods are insured adequately or at all. (c) Containers Aquatics will not be liable for any failure to arrange or ensure that the Goods are insured adequately or at all, and no claims can be made against Containers Aquatics for such failure.

20. Damage Waiver Fee

20.1 In the case of a Hire/Storage Contract regarding Containers Aquatics’s Equipment, the Client must pay an optional Damage Waiver Fee unless the Client provides Containers Aquatics with a certificate of currency for an insurance policy covering the Equipment and public liability insurance as per clause 16.2, and Containers Aquatics approves the said insurance.

20.2 The Client acknowledges that the Damage Waiver Fee is not insurance and that payment of the Damage Waiver Fee relieves the Client of any liability in excess of the Damage Waiver Limit for loss or damage caused to the Equipment by specified events (graffiti, theft, forced or attempted forced entry, earthquake, hail, windstorm, hurricane, and tornado). The Damage Waiver Fee will not limit the Client’s liability unless the Client: (a) Takes reasonable precautions against theft and forced entry; (b) Notifies Containers Aquatics of loss or damage to the Equipment within five (5) days of discovering such an event; (c) Delivers to Containers Aquatics satisfactory proof of the loss or damage and the police report in the event of theft and forced entry within thirty (30) days of discovering such an event; and (d) Complies with the terms of Containers Aquatics’s Hire/Storage Contract.

20.3 The Client authorizes Containers Aquatics to pay the Damage Waiver Fee as provided in clause 5 at the beginning of each monthly period during the hire/storage period if the Damage Waiver Fee is payable under this clause.

20.4 Subject to clauses 20.1 to 20.3, the Client shall be liable for and indemnify Containers Aquatics in respect of any claims made against Containers Aquatics and all damages, costs, and expenses suffered or incurred by Containers Aquatics on a full indemnity basis in respect of: (a) Personal injury; (b) Damage to property; (c) Claims by third parties; arising from the state, condition, or use of the Equipment in any way whatsoever from the hire or storage of the Equipment under Containers Aquatics’s Hire/Storage Contract. The Client’s liability under this indemnity is diminished to the extent that Containers Aquatics’s breach of the Hire/Storage Contract or negligence caused the liability claims, damage, loss, costs, or expenses.

20.5 It is the Client’s responsibility to insure any stored goods and the Client’s own equipment.

20.6 Containers Aquatics is not liable for any consequential loss (including loss of profit and/or contract) or damage to the stored property or the Client’s own equipment or otherwise arising from any failure in the Equipment or non-arrival or late delivery of the Equipment or any breach of the Hire/Storage Contract by Containers Aquatics or the Client for any cause whatsoever, including negligence by Containers Aquatics or its employees, servants, agents, and/or contractors.

21. The Commonwealth Competition and Consumer Act 2010, Fair Trading Acts

21.1 Nothing in this agreement is intended to contract out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia (including any substitutes or re-enactments), except to the extent permitted by those Acts where applicable.

21.2 Where the Customer purchases the Services as a consumer, these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

21.3 Liability of Containers Aquatics arising out of any one incident, whether or not there has been any declaration of value of the Goods, for breach of warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or otherwise, is limited to: (a) Supplying the Services again; or (b) Paying the cost of having the Services supplied again; or (c) Where the Customer is a consumer as defined in the Competition and Consumer Act 2010, the Customer is also entitled to a refund.

22. Claims

22.1 Notwithstanding clauses 18 and 19, if the Customer believes they have any claim against Containers Aquatics, they must lodge any notice of claim for consideration and determination by Containers Aquatics within seven (7) days of the date of delivery, or for non-delivery within seven (7) days of the anticipated date of delivery or the removal or destruction of the Goods.

22.2 Failure to notify a claim within the time limits under clause 22.1 is evidence of satisfactory performance by Containers Aquatics of its obligations.

23. Tank Wash Facilities

23.1 The Customer or the Customer’s employees or agents acknowledge and accept that the tank wash facilities operate under the regulations of the Environmental Protection Authority, and therefore the Customer or the Customer’s employees must follow all applicable procedures and requirements.

23.2 The Customer must follow instructions issued by Containers Aquatics while Containers Aquatics is providing heating or washing services of tanks or containers.

23.3 The Customer acknowledges that tanks or containers are washed at the discretion of Containers Aquatics and its employees, which includes hours of operation and operational capability.

23.4 The Customer is responsible for correctly declaring the tanker contents and shall accept responsibility for any damages caused by incorrect declarations.

23.5 The Customer accepts that charges for the tank wash facility may vary and additional charges apply depending on: (a) The classification of the wash required; and (b) Any washes performed outside Containers Aquatics’s normal hours of operation; and/or (c) Any wash completed outside Containers Aquatics’s operational hours.

24. Default and Consequences of Default

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

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

24.3 Further to any other rights or remedies Containers Aquatics may have under this contract, if the Customer has made payment to Containers Aquatics by credit card, and the transaction is subsequently revoked, the Customer shall be liable for the amount of the revoked transaction, in addition to any further costs incurred by Containers Aquatics under this clause 24 where it can be proven that such revocation is found to be illegal, fraudulent, or in contravention of the Customer’s obligations under this Contract.

24.4 Without prejudice to any other remedies Containers Aquatics may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Containers Aquatics may suspend or terminate the provision of Services to the Customer and any of its other obligations under the terms and conditions. Containers Aquatics will not be liable to the Customer for any loss or damage the Customer suffers because Containers Aquatics exercised its rights under this clause.

24.5 Without prejudice to Containers Aquatics’s other remedies at law, Containers Aquatics shall be entitled to cancel all or any part of any order of the Customer which remains unperformed, in addition to and without prejudice to any other remedies, and all amounts owing to Containers Aquatics shall become immediately payable in the event that: (a) Any money payable to Containers Aquatics becomes overdue, or in Containers Aquatics’s opinion, the Customer will be unable to meet its payments as they fall due; or (b) The Customer has exceeded any applicable credit limit provided by Containers Aquatics; (c) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

25. Carrier’s Lien

25.1 Containers Aquatics shall have a right to a particular and general lien on any Goods the property of the Customer or a third-party owner in Containers Aquatics’s possession or control (and any documents relating to those Goods) for all sums owed at any time by the Customer or third-party owner to Containers Aquatics. Containers Aquatics shall have the right to sell such Goods or cargo by public auction or private treaty after giving notice to the Customer per the requirements of the Storage Liens Act 1935 No. 19 or any subsequent amendments. Containers Aquatics shall retain the sums due to it, plus the charges incurred in detention and sale of such Goods or cargo, from the proceeds of sale and shall render any surplus to the entitled party.

25.2 Notwithstanding clause 25.1, nothing shall prejudice Containers Aquatics’s rights to use any other rights and remedies in this agreement to recover any outstanding charges or fees payable in respect of the Goods not recovered out of the sale of the Goods under clause 25.1, and no exception shall be taken upon the grounds that the Charges realized are less than the full market value of the Goods.
26. Containers Aquaticsal Property Securities Act 2009 (“PPSA”)
26.1 Definitions:

• Financing statement: As defined by the PPSA.
• Financing change statement: As defined by the PPSA.
• Security agreement: The security agreement under the PPSA created between the Customer and Containers Aquatics by these terms and conditions.
• Security interest: As defined by the PPSA.

26.2 Security Agreement:

• By agreeing to these terms in writing, the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and create a security interest in:
  • (a) All Goods being transported, carried, or handled by Containers Aquatics, over which Containers Aquatics invokes a lien.
  • (b) All of the Customer’s present and after-acquired property being a charge, including anything in respect of which the Customer has sufficient right, interest, or power to grant a security interest for securing repayment of all monetary obligations to Containers Aquatics for Services previously provided and to be provided in the future.

26.3 Customer’s Undertakings:

• (a) Promptly sign any further documents and provide information which Containers Aquatics may reasonably require to:
  • (i) Register a financing statement or financing change statement in relation to a security interest on the PPSR.
  • (ii) Register any other document required to be registered by the PPSA.
  • (iii) Correct a defect in a statement referred to in clause 26.3(a)(i) or 26.3(a)(ii).
• (b) Indemnify and reimburse Containers Aquatics for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any registration made thereby.
• (c) Not register a financing change statement in respect of a security interest without Containers Aquatics’s prior written consent.
• (d) Not register or permit to be registered a financing statement or a financing change statement in relation to the Goods in favour of a third party without Containers Aquatics’s prior written consent.

26.4 Sections of the PPSA Not Applicable:

• Containers Aquatics and the Customer agree that sections 96, 115, and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

26.5 Customer’s Waivers:

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

26.6 Further Waivers:

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

26.7 Verification Statement Waiver:

• Unless otherwise agreed in writing by Containers Aquatics, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

26.8 Ratification:

• The Customer shall unconditionally ratify any actions taken by Containers Aquatics under clauses 26.3 to 26.5.

27. Security and Charge
27.1 Consideration for Supply of Services:

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

27.2 Indemnification:

• The Customer indemnifies Containers Aquatics from and against all costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Containers Aquatics’s rights under this clause.

27.3 Power of Attorney:

• The Customer irrevocably appoints Containers Aquatics and each director of Containers Aquatics as the Customer’s true and lawful attorneys to perform all necessary acts to give effect to the provisions of this clause, including but not limited to, signing any document on the Customer’s behalf.

28. Privacy Act 1988
28.1 Credit Information:

• The Customer agrees for Containers Aquatics to obtain from a credit reporting body (CRB) a credit report containing credit information about the Customer in relation to credit provided by Containers Aquatics.

28.2 Information Exchange:

• The Customer agrees that Containers Aquatics may exchange information about the Customer with other credit providers and related body corporates for purposes including assessing applications, notifying defaults, and assessing creditworthiness.

28.3 Consumer Credit Report:

• The Customer consents to Containers Aquatics being given a consumer credit report to collect overdue payment on commercial credit.

28.4 Use and Retention of Credit Information:

• The Customer agrees that credit information provided may be used and retained by Containers Aquatics for purposes including provision of services, verifying credit status, processing payments, and collecting outstanding amounts.

28.5 Disclosure to CRB:

• Containers Aquatics may give information about the Customer to a CRB for obtaining consumer credit reports and maintaining a credit information file.

28.6 Information to CRB:

• Information given to the CRB may include personal and credit information about the Customer, credit defaults, and serious credit infringements.

28.7 Customer’s Rights:

• The Customer has the right to request copies of information retained by Containers Aquatics and request corrections. The Customer can also request that Containers Aquatics does not disclose information for direct marketing.

28.8 Information Destruction:

• Containers Aquatics will destroy information upon the Customer’s request or if it is no longer required, unless it needs to be maintained for legal reasons.

28.9 Privacy Complaint:

• The Customer can make a privacy complaint to Containers Aquatics, who will respond within seven days and resolve the complaint within thirty days. If unsatisfied, the Customer can complain to the Information Commissioner at www.oaic.gov.au.

29. Cancellation
29.1 Suspension or Termination by Containers Aquatics:

• Containers Aquatics may suspend or terminate the supply of Goods to the Customer if the Customer is in breach of any obligation under these terms and conditions. Containers Aquatics will not be liable to the Customer for any loss or damage resulting from exercising its rights under this clause.

29.2 Cancellation by Containers Aquatics:

• Containers Aquatics may cancel any contract or cancel delivery of Goods before delivery by giving written notice to the Customer. Upon such cancellation, the Customer shall be repaid any sums paid in respect of the Charges. Containers Aquatics shall not be liable for any loss or damage arising from such cancellation.

29.3 Cancellation by Customer:

• If the Customer cancels the delivery of Goods or provision of Services, the Customer shall be liable for any loss incurred by Containers Aquatics, including loss of profits, up to the time of cancellation or as a direct result of the cancellation.

30. Service of Notices
30.1 Methods of Service:

• Any written notice under this contract shall be considered given and received by:
  • Handing the notice to the other party.
  • Leaving it at the address of the other party as stated in the contract.
  • Sending it by registered post to the address of the other party.
  • Sending it by facsimile transmission or email to the other party’s fax number or email address, respectively.

30.2 Deemed Service:

• A notice sent by post shall be deemed served at the time it would ordinarily be delivered.

31. General
31.1 Enforcement:

• Failure to enforce any provision of these terms and conditions shall not constitute a waiver of that provision, nor affect the right to subsequently enforce it. If any provision is found invalid, the validity of the remaining provisions shall not be affected.

31.2 Governing Law and Jurisdiction:

• These terms and conditions, and any contracts they apply to, are governed by the laws of New South Wales, with jurisdiction in the Burwood Local Court, New South Wales.

31.3 Limitation of Liability:

• Containers Aquatics’s liability for any indirect or consequential loss or expense suffered by the Customer arising from a breach of these terms and conditions shall be limited to damages not exceeding the Charges.

31.4 Assignment and Subcontracting:

• Neither party may assign this contract or any rights under it without the written consent of the other party. Containers Aquatics may subcontract parts of the Services but remains liable under the contract. The Customer may not instruct Containers Aquatics’s subcontractors without Containers Aquatics’s consent.

31.5 Amendment of Terms:

• Containers Aquatics may amend these terms and conditions by notifying the Customer in writing, with changes taking effect upon the Customer’s acceptance or upon a further request for Goods.

31.6 Force Majeure:

• Neither party shall be liable for default due to events beyond reasonable control, including acts of God, war, terrorism, strikes, and natural disasters.

31.7 Warranty of Authority:

• Both parties warrant they have the power to enter into this agreement, are solvent, and have obtained all necessary authorizations to do so, creating binding legal obligations.

32. Delivery
32.1 Occurrence of Delivery:

• Delivery of the Container is deemed to occur when:
  • The Customer or their nominated carrier takes possession at Containers Aquatics’s address.
  • Containers Aquatics (or Containers Aquatics’s nominated carrier) delivers the Container to the Customer’s nominated address, even if the Customer is absent.

32.2 Additional Delivery Costs:

• At Containers Aquatics’s discretion, any costs associated with Delivery are in addition to the Charges.

32.3 Third-Party Services:

• Containers Aquatics accepts no responsibility for Services provided by third-party contractors. Any claims related to such Services must be made directly against the third-party contractor.

33. Customer’s Responsibilities
33.1 Responsibilities Prior to Delivery:

• Before Delivery, the Customer must:
  • Mark boundaries of the nominated address and locate utilities.
  • Ensure the nominated address is level and has clear access for Delivery.
  • Ensure access is suitable for laden trucks.
  • Notify Containers Aquatics of any hazards on the nominated address or adjacent land.

33.2 Customer’s Obligations Post-Delivery:

• The Customer must arrange and pay for contractors to:
  • Prepare footings or a concrete slab for the Container.
  • Connect services and obtain necessary permits.

34. Defects
34.1 Inspection and Notification:

• The Customer must inspect the Container upon Delivery and notify Containers Aquatics within seven (7) days of any alleged defects. Containers Aquatics must be given the opportunity to inspect the Container.

34.2 Return Policy:

• Containers will only be accepted for return as per clause 34.1.

34.3 Limitations of Liability:

• Containers Aquatics shall not be liable for defects caused by various factors listed in clause 34.3, including improper maintenance or use beyond design specifications.

35. Intellectual Property
35.1 Copyright Ownership:

• Copyright in designs, drawings, and documents remains with Containers Aquatics unless otherwise approved in writing.

35.2 Warranty Against Infringement:

• The Customer warrants that their instructions will not cause Containers Aquatics to infringe any intellectual property rights and indemnifies Containers Aquatics against any claims of infringement.

35.3 Marketing Use:

• Containers Aquatics may use documents, designs, or drawings created for the Customer for marketing purposes or competitions at no cost.