Terms & Conditions - New Hand Equipment

New Hand Equipment-Product Sales Standard Terms and Conditions

“Newhand Equipment Pty Ltd” (referred to as “New Hand”, ‘NH”, “we”, “us”, “our”) is the owner and publisher of the content contained in this Site (“Site”). Your use of this Site is subject to these terms and conditions (“Terms”), our Privacy Policy and any other laws or regulations which apply to this Site. If you do not accept these Terms, you must refrain from using the Site.

Any new features or tools which are added to the Site shall also be subject to the Terms of Service (hereby “Terms”). You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any parts of these Terms of Service by posting updates and/or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes

Definitions

“www.newhand.com.au” or “Site” or “Site” doing business as “Newhand” [A.B.N. 20 630 559 330] having its registered office at Unit 3, 3 Treforest Drive, CLAYTON VIC 3168.

“Agreement” means any agreement or contract entered into for the provision of goods and/or services by NH to the Customer

“Customer” or “you” means the person, firm or corporation requiring goods or services from NH.

“Delivery” or “delivered” means, as the case may be:

the time when the Product(s) are sent by NH to the Customer’s nominated address for delivery by whatever means;
the time when the Product(s) is collected by the Customer from NH or the manufacturer premises.

“Order” means an offer made by you in response to an invitation to treat made by NH via the Site.

“Products” or “Goods” or “Equipment” means the products offered for sale by “www.newhand.com.au” via the Site (or if applicable at our store) to the Customer or at our store location at Unit 3, 3 Treforest Drive, CLAYTON VIC 3168.

“Terms” means these Terms and Conditions of Sale.

Products and Services

NH operates the Site to display and market new hospitality equipment for sale to the public. The Site may contain information from a number of manufacturers and suppliers of hospitality products.

The goods and services described in this Site are available from NH online on its Site only, and will be available for you to make an offer to NH via the Site to purchase at the specified price at the time of placing the Order, or until otherwise removed from the Site or as specified, and where NH accepts your offer, NH will sell the goods or services to you in accordance with these Terms and Conditions.

You agree to buy Equipment for sale from NH and NH has offered to sell Equipment to You subject to You entering into an Agreement in accordance with these Terms, such Agreement shall be deemed to be accepted by NH when NH confirms its acceptance of offer in writing or by electronic means when Product(s) are paid in full. NH reserves the right to limit the sale of Equipment to any person, geographic region or jurisdiction at its sole discretion.

NH endeavours to provide accurate descriptions and specifications for the Equipment which are set out on the NH Site at the time of the Order or the NH quote,

however this does not constitute a guarantee of actual product specifications as per the original manufacturers’ specifications and should not be solely relied upon by the Customer for accuracy of size, power or condition. NH will ensure to the best of their knowledge that the information is kept up to date.

NH does not guarantee, represent or warrant that the use of the Site will be uninterrupted, timely, secure or error-free.

NH reserves the right at any time to modify content of the Site without notice. NH will not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the sale of Equipment via the Site.

NH has made every effort to display as accurately as possible the colours and images of our Products that appear on the Site. NH cannot guarantee that your computer monitor’s display of any colour will be accurate.

Legal Capacity

You must be eighteen (18) years of age or over to register as a member of the Site or purchase Products from the Site.

Any Order and/or purchase made by you using this Site is an acknowledgement by you that you:

are over the age of eighteen (18) years;
ii. accept these Terms;
iii. agree that you have entered into a legal contract with NH in relation to these Terms; and
iv. these Terms, together with your order, constitute the entire agreement between you and NH for the supply of Product(s) and/or services.

NH reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage NH may suffer as a result of a transaction entered into by a minor.

Orders

We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

Representations of Product(s) for sale made by NH via the Site do not constitute an offer to sell but an invitation to treat.

You and NH may enter into a contract for the sale and supply of Product(s) by you making an offer via the Site to purchase Product(s) and/or service at the price advertised on the Site by:

(i) placing an electronic Order for the Product(s) and/or service using the Site;
(ii) you confirming the Order details in accordance with the procedure on the Site;
(iii) you making payment in full (plus any applicable delivery charges) on the Site; and
(iv) the acceptance of that offer by NH.
Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

When entering into a sale contract via the Site, you will be taken to have communicated your offer to purchase the Product(s) only when:

(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) NH receives in its account full payment from you for the Equipment and/or service (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

You acknowledge that:

(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by NH for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party Site providers or systems;
(ii) to the extent permitted by law, NH is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Site, or any failure to receive an electronic instruction for whatever reason;
(iii) NH may act on and process all completed electronic instructions transmitted or issued through the Site without further consent from or reference to you; and

(iv) NH may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

You will receive an email from NH as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team.

If your Order is not accepted by us we will notify you by telephone or email and arrange for a store credit or full refund of any payment made by you (at our sole discretion) to be processed.

NH may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the Product(s) on the Site, or an error in your Order.

Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If NH cannot supply a particular Product, NH will notify you by telephone or email as soon as possible.

NH will be deemed to have accepted your Order when full payment is received by NH unless NH cancels the offer for any reason whatsoever.

All payments must be made in full at the time the Order is placed as cleared funds to the NH account.

Payments must be made via one of the following payment methods: Stripe, PayPal, credit card being Visa, Mastercard, American Express, direct transfer, and cheque. Please discuss finance options available with our Customer Service Team. Secure payment gateway facilities are accessible via the Site and will be subject to any terms and conditions of these providers.

Supply and Delivery

Subject to you complying with these Terms and acceptance of your Order by NH, NH will sell and facilitate the supply of the Product(s) to you as shown on your Order confirmation.

When you complete your Order you will be prompted to select whether you wish to collect your Order from a location advised by NH or to have the Order delivered to you. If the Customers opts for kerbside delivery, additional delivery and handling charges will be specified at the time of placing the Order and are required to be paid in full to complete the Order.

Product(s) may not be available for immediate delivery. NH will endeavour to deliver your Order to you within thirty (30) days of the date you placed your Order or such extended time.

If NH gives you notice that it will be unable to deliver your Order within 30 business days of receipt of your Order or such extended time, NH may cancel your Order and will arrange for a store credit to be applied to your account.

Any dates provided by NH to the Customer as to the availability of Product(s) are regarded as estimates only and not fixed dates. NH endeavours to use its best endeavours to provide the Product(s) on the dates estimated but is not obligated to provide the Product(s) on such dates and will not be held liable for any loss or damage suffered by the Customer if NH (or the manufacturer) fails to provide the Product(s) on such dates.

The Customer acknowledges that the estimated dates provided by NH may change in circumstances reasonably considered beyond the control of NH. Where the Product(s) cannot be delivered after the Customer has placed an order whether or not the Product(s) have been paid for, NH will provide a store credit or full refund at its sole discretion (where the Product(s) have been paid) and inform the Customer as soon as reasonably practical after becoming aware of its inability to deliver the Product(s), without further liability or recourse by the Customer for any inconvenience caused to the Customer, including any loss or cost incurred by the Customer.

The Customer acknowledges NH may deliver the Product(s) prior to the estimated dates provided to the Customer and agrees to accept the Product(s) notwithstanding the earlier delivery of the Product(s) and may not refuse to take delivery on the basis of its early delivery, without any recourse as against NH for the recovery of any loss or cost incurred by the Customer as a result of the early delivery.

Delivery times may be greater for regional or remote areas.

The Customer acknowledges that all deliveries are to be kerbside at the address provided by the Customer at the time of placing the Order and NH is under no obligation to facilitate delivery inside the Customer’s premises.

You must advise at the time you place your Order via the Site or later when you discuss delivery with NH, of any difficulties that may be involved in the delivery. If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

NH cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Some Product(s) can only be delivered and no customer pickup is permitted.

Supply of Product(s) by Instalments

NH reserves the right to deliver the Product(s) in whole or by instalments. If by instalment, such arrangement must be documented in additional written terms signed by the Parties.

Where the Product(s) are delivered by instalments, each instalment is deemed a separate and independent contract and the rights and obligations therein do not affect the

rights and obligations of the other instalments of those Product(s). For the avoidance of doubt, non-delivery of Product(s) by way of an instalment by an estimated date provided under such independent contract does not entitle the Customer to rescind or terminate the balance of those contracts that collectively might reflect a complete order or purchase of those Product(s).

The Customer acknowledges that Product(s) supplied by instalments must be accepted notwithstanding any interruption to delivery of other instalments of those Product(s) and the Customer has no recourse as against NH to recover any loss or cost incurred as a result of an interrupted delivery in the supply of any Product(s).

Risk and Insurance

Risk in the Product(s) transfers to the Customer at the time of kerbside delivery or upon collection of the Product(s) by the Customer but title and ownership does not pass until payment has been made in full.

If the Customer requests to collect the Product(s), the Customer must insure the Goods against loss or damage. The Customer assumes all responsibility for filing claims for damage against their couriers and other agents.

The Customer accepts upon Delivery all risk for loss or damage to the Products whether caused by the Customer or not, and the Customer indemnifies NH against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Product(s) after the Customer has taken possession of the Product(s). Risk in the Product(s) will remain with the Customer at all times after Delivery.

If any of the Product(s) are damaged or destroyed after shipment the Customer must direct the insurer to make payment to NH of all insurance money payable in respect of the insurance claim made on the damaged or destroyed Product(s).

Any insurance money received by NH will be applied firstly against the outstanding price of the Product(s) that are damaged or destroyed,

secondly against the outstanding price of all Product(s) supplied under contract, thirdly against the outstanding balance payable to NH by the Customer, on any account under other contracts between the Parties and fourthly in payment of any balance to the Customer.

The Customer agrees to indemnify NH for all loss or damage suffered by NH as a result of any damage to the Goods where the Customer has failed to adequately insure the Goods as required under these Terms.

GST

Fees specified on Our Site are exclusive of GST.

If you are located in the Commonwealth of Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of fees due to us.

NH has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

Product Descriptions and Images

NH reserves the right to alter, or change from time to time, descriptions, product information, product images or prices without notice to you.

Product(s) may not be available or as described. While NH strives to ensure the accuracy of product information on this Site, the product purchased may differ from what is advertised on this Site. Actual products and packaging may differ from the descriptions contained on this Site.

You should not rely solely on your own personal inspection of the equipment before order and purchase. Image accuracy is not guaranteed. Please do not rely on the image for your purchase as we do not warrant that the Product descriptions or other content available are accurate, complete, reliable, current, or error-free.

Customer Duties, Tariffs and Levies

Should the transaction attract any additional duties or levies, the Parties agree that the Price is excluding such additional amounts and the Customer is liable for payment of such amounts in addition to the purchase Price.

Disclaimer and Indemnity

Subject to the buyer’s statutory rights from the manufacturer, NH shall not be liable for any loss or damage (whether direct or indirect) caused by any failure to deliver, supply or complete either in whole or in part where the failure is due to an event beyond the reasonable control of NH.

NH may suspend its obligations (other than an obligation to pay money) under the contract where the failure is caused by force majeure, including any act or omission on the part of the other party, or by any act of God, war, lightning, fire, earthquake, storm, flood, explosion, any embargoes, restraint orders or restrictions imposed directly or indirectly by any government or governmental authority, agency or department, unavailability or delay in availability of equipment, materials or transport, labour dispute and any other case whether of the kind enumerated or otherwise which is not within the control of the party claiming the benefit of this clause. Where the force majeure event continues for more than 60 days NH may, by written notice to the other, terminate this contract.

To the extent permitted by law, each of NH and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Site including, but not limited to, loss or damage you might suffer as a result of:

(i) errors, mistakes or inaccuracies on the Site;

(ii) you acting, or failing to act, on any information contained on or referred to on the Site and/or any linked Site;

(iii) personal injury or property damage of any kind resulting from your access or use of the Site;

(iv) any unauthorised access to or use of the Sites secure servers;

(v) any interruption or cessation of transmission to or from the Site;

(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party; and/or

(vii) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, NH and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Site.

(3) You will at all times indemnify, and keep indemnified, NH, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth) from the manufacturer of the Products.

Damaged or Faulty Products and Refund Policy

Unless the Customer has inspected the Product(s) and given written notice to the Company within twelve (12) hours after collection or kerbside delivery that the Product(s) do not comply with the relevant specifications or descriptions, the Product(s) are deemed to have been accepted in good order and condition. Acceptance of the Product(s) must take place immediately following delivery and is established if the Customer signifies by words or conduct that the Product(s) are conforming or that the Customer retains them in spite of their nonconformity or deals with them in a way inconsistent with NH’s ownership.

If your Order arrives damaged, please contact the Customer Service Team within twelve hours (12) from delivery. The Customer must within the aforementioned timeframe communicate to NH in writing, with full particulars of the nonconformity and photographic evidence. [Insert link to Customer Service Page]

If any product ordered by you arrives damaged or is not of acceptable quality you may have:

– (a) rights under the manufacturer’s return and exchange policy;

– (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory.

Statutory Warranty

All Product warranties are those offered by the manufacturer of the Product and disclosed to the Customer by NH or on the manufacturer website.

Many manufacturers have dedicated support centres designed specifically to deal with issues in relation to their products and may even provide in home support and advanced trouble shooting. In many circumstances the manufacturer may therefore be able to provide a quicker assessment of, and remedy for, any issue with your product, even if the manufacturer’s warranty has expired. You may therefore prefer to contact the manufacturer rather than NH, although you are not obliged to do this and, if at any time you are not satisfied with the manufacturer’s remedy in relation to your legal rights, you can contact the Customer Service Team for assistance.

NH will assist the Customer with manufacturers warranty claim.

To the extent permitted by law, NH shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, howsoever caused.

To issue a Warranty claim, the Customer will be required to:

(a) contact NH within 7 days of Delivery, by email to warranty@newhand.com.au [Or insert link to Warranty page]

(b) present the receipt as proof of purchase;

(d) present Product for inspection on request.

Failure to comply with the manufacturer’s requirements can void the warranty so the Customer is advised to follow all directions of the manufacturer when making a warranty claim.

Cancellation of Order

We do not offer “change of mind” cancellations.

NH at its sole discretion may agree, at the request of the Customer, to cancel modify or defer a pre-existing order for the supply of Product(s). Should NH agree to such a change, the Customer agrees to pay NH for all reasonable costs incurred by NH in amending or cancelling the order, including but not limited to handling fees and liability exposure to third parties involved in the provision of the Product(s) and any associated insurances. The Customer acknowledges that a purchase price cancellation/variation fee charged by NH and communicated to the Customer is commercially fair and reasonable.

Unless NH has notified the Customer that they do not accept the Order or the Customer has cancelled their Order, NH’s acceptance of the Order and the completion of the contract between the Customer and NH will take place when NH have dispatched the goods ordered by the Customer.

Goods Descriptions

NH reserves the right to alter, or change from time to time, descriptions, product information, product images or prices without notice to the Customer.

Products may not be available or as described. While NH strives to ensure the accuracy of product information on its Site, the product purchased may differ from what is advertised on the Site. Actual products and packaging may differ from the descriptions contained on the Site. NH do not warrant that the product descriptions or other content available on its Site are accurate, complete, reliable, current, or error-free.

Specifications

Unless otherwise agreed in writing, the Product(s) to be supplied are subject to any specification as to weight, quantity, size, dimensions, finishes, chemical composition and physical properties as may be published generally by NH or as may be set out in any specification issued by NH in relation to the Product(s), or, if no such specification has been published or set out, subject to such specification as is normally regarded as being commercially acceptable.

Where any specifications for the Product(s) are to be supplied by the Customer, they must be supplied in a reasonable time to enable NH to complete delivery by the date for delivery.

Customer Warranties

The Customer and any Guarantor represents and warrants to NH that all information and representations that the Customer, or any person acting on its behalf has given in connection with NH’s transactions are true and correct and that the Customer has not failed to disclose to NH anything relevant to its decision to have dealings with the Customer and that no court proceedings or dispute is current that may have an adverse effect on performing the Customer’s obligations under these Terms. This clause does not merge.

Intellectual Property

This Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.

You may view our Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this Site, or commercialise, any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.

Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.

Secure Data

Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately by email.

Our Site uses an SSL certificate, which serves as a digital “passport” that allows data to be transmitted over secure networks — protecting financial and credit card transactions, signups, web access to mail, sensitive information and intranets. It authenticates and encrypts the data transferred through the website to the server.

Protect the site from spoofing

Displays security padlock

Ban data alteration and editing

Protect visitors’ personal data from misuse

Viruses

Given the nature of the internet, we cannot guarantee that this Site is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and, to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.

You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.

Cookies

We use cookies to gather data in relation to this Site and you consent to us doing so (although you may be able to disable cookies on your web browser).

Use of Your Information and Material

We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which this Site may be improved or materials which we may add to this Site. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Privacy Policy

Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.

Limitation of Liability

No representations or warranties

THE SITE IS PRESENTED “AS IS.”

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Exclusion of loss caused by certain things

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;

(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;

(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;

(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;

(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;

(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR

(g) EVENTS BEYOND OUR REASONABLE CONTROL.

Exclusion of certain types of loss

TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Liability

IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.

Contract and Jurisdiction

These Terms together with any other written terms signed by the Parties as contemplated hereof forms an agreement between the Parties (“the Contract”).

These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia.

If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not

affect the remainder of this agreement, which will continue in full force and effect.

If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. NH makes no representations that the content of the website complies with the laws of any country outside Australia.

Force Majeure

NH will not be liable for any breach of contract due to any matter or thing beyond NH’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident).

Waiver Of Breach

A failure by NH to insist on the Customer’s strict performance of its obligations under these Terms or the Contract is not a waiver of any right or remedies that NH may have, and is not a waiver of any subsequent breach or default by the Customer.

No Assignment

Neither the Contract nor any rights arising under the Contract or these Terms may be assigned by the Customer without the prior written consent of NH which remains at NH’s sole and absolute discretion.

Severability

If any provision contained in these Terms or the Contract is held by a court to be unlawful,

invalid or unenforceable, such provision is severed from the Contract such that the validity and enforceability of the remaining provisions are not affected.

Notices

Notices must be in writing and will be effectively provided when given personally, by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.

Guarantors

All guarantors shall be jointly and severally liable for performance of all obligations of the Customer under these Terms or the Contract.

All guarantors acknowledge that NH is not obliged to seek redress from the Customer before seeking to rely on the personal guarantees provided.

The Customer and any guarantors jointly and severally authorise NH to exchange information about the creditworthiness of either the Customer or each of the guarantors with any credit reporting agency at any time during the term of the Contract. This clause does not merge.