- “Regal” means Regal Crane Hire Pty
Ltd, its successors and assigns or any person acting on behalf of and with the authority
of Regal (Australia) Pty Ltd.
- “Client” means the person/s requesting
Regal to provide the Services as specified in any invoice, document or order, and
if they’re more than one person requesting the Services is a reference to each person
jointly and severally.
- “Equipment” means all Equipment
(including any accessories) supplied on hire by Regal to the Client (and where the
context so permits shall include any supply of Services). The Equipment shall be
as described on the invoices, quotation, authority to hire, or any other work authorisation
forms as provided by Regal to the Client.
- “Services” means all Services supplied
by Regal to the Client at the Client’s request from time to time.
- “Minimum Hire Period” means the
Minimum Hire Period as described on the invoices, quotation, authority to hire,
or any other forms as provided by Regal to the Client.
- “Wet Hire” means Equipment is supplied
to the Client with the driver, dogman (and any other employees required by law),
fuel and oil, and Regal shall attend to the everyday running maintenance and repairs
of the Equipment.
- “Dry Hire” means Equipment is supplied
to the Client without any labour or personnel.
- “Load” means all goods, items, articles,
etc. to be lifted, handled or carried by Regal, or at the direction of Regal, in
carrying out the Services.
- “Charges” means the price payable
for the Equipment as agreed between Regal and the Client in accordance with clause
4 of this contract.
- The Client is taken to have exclusively
accepted and is immediately bound, jointly and severally, by these terms and conditions
if the Client places an order for, or accepts Equipment supplied by Regal.
- These terms and conditions may only
be amended with Regal’ consent in writing and shall prevail to the extent of any
inconsistency with any other document or agreement between the Client and Regal.
Change in Control
- The Client shall give Regal not
less than fourteen (14) days prior written notice of any proposed change of ownership
of the Client and/or any other change in the Client’s details (including but not
limited to, changes in the Client’s name, address, contact phone or fax number/s,
or business practice). The Client shall be liable for any loss incurred by Regal
as a result of the Client’s failure to comply with this clause.
Charges and Payment
- The Charges shall:
- be calculated upon either a daily
and/or hourly rate, the daily rate is based upon an eight (8) hour day (and allows
for a thirty (30) minute lunch break for the Wet Hire of Equipment); and
- commence from the time the Equipment
departs from Regal’ premises and will continue until the return of the Equipment
to the Regal’ premises, and/or until the expiry of the Minimum Hire Period, whichever
- At Regal’ sole discretion the Charges
shall be either:
- as indicated on any invoice provided
by Regal to the Client; or
- as per Regal’ quotation (subject
to clause 4.3 and 4.4), which will be valid for the period stated in the quotation
or otherwise for thirty (30) days.
- Regal reserves the right to vary
- if a variation to Regal’ quotation
- to include the cost of any additional
transport that may be required, and additional remuneration for Regal’ employees,
where requested by the Client;
- if the Client requires an employee
of Regal to undertake a safety course during work hours, which shall be included
in the calculation of the Charges.
- The Client acknowledges and agrees
that transport costs shall not be included in the Charges, which shall be organised
and paid for by the Client unless specified on Regal quotation. Any transport effected
or organised by Regal shall be rendered at cost plus ten percent (10%) and shall
be due and payable upon receipt of the invoice.
- At Regal’ sole discretion, a deposit
(including, where applicable, a security deposit as per clause 9.3) may be required.
- Time for payment for the Equipment
being of the essence, Charges will be payable by the Client on the date/s determined
by Regal, which may be:
- on completion of the Services;
- by way of instalments/progress payments
by Regal’ payment schedule;
- thirty (30) days following the end
of the month in which a statement is posted to the Client’s address or address for
- the date which is thirty (30) days
following the date of any invoice given to the Client by Regal;
- the date specified on any invoice
or other form as being the date for payment; or
- failing any notice to the contrary,
the date which is seven (7) days following the date of any invoice given to the
Client by Regal.
- Payment may be made by cash, cheque,
bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to
two and a half percent (2.5%) of the Charges), or by any other method as agreed
to between the Client and Regal.
- Unless otherwise stated the Charges
does not include GST. In addition to the Charges, the Client must pay to Regal an
amount equal to any GST Regal must pay for any supply of Equipment by Regal under
this or any other agreement. The Client must pay GST, without deduction or set-off
of any other amounts, at the same time and on the same basis as the Client pays
the Charges. In addition, the Client must pay any other taxes and duties that may
be applicable in addition to the Charges except where they are expressly included
in the Charges.
- The Client acknowledges and agrees
that the Client’s obligations to Regal for the supply of Equipment shall not cease
- the Client has paid Regal all amounts
owing for the hire of the Equipment; and
- the Client has met all other obligations
due by the Client to Regal in respect of all contracts between Regal and the Client.
- Receipt by Regal of any form of
payment other than cash shall not be deemed to be payment until that form of payment
has been honoured, cleared or recognised, and until then Regal ‘s ownership or rights
in respect of this agreement shall continue.
Supply of the Equipment
- Equipment shall be supplied and/or delivered during/between Regal’ standard business hours from 7:00 am to 03:30 pm. Where Equipment required to be supplied and/or delivered outside these hours (or on weekends and public holidays), the Charges shall be amended accordingly, as specified by Regal on the quotation, authority to hire, or any other forms as provided by Regal to the Client.
- Equipment being returned outside Regal’ standard business hours shall be deemed to have been received upon the commencement of the next business day.
- Regal shall supply/make available with the Equipment a standard selection of slings to assemble lattice boom cranes. No responsibility is accepted by Regal for any loss or delay in the event these are found to be unsuitable for the purpose(s) required, and Regal can provide special slings (if required) at an additional, reasonable cost.
- No allowance whatsoever can be made for time during which the Equipment is not in use for any reason unless Regal confirms special prior arrangements in writing.
- Any time specified by Regal for delivery of the Equipment is an estimate only and Regal will not be liable for any loss or damage incurred by the Client as a result of delivery being late (including where delayed due to any action or inaction of the Client, adverse weather or ground conditions, or any other force majeure event). However, both parties agree that they shall make every endeavour to enable the Equipment to be supplied at the time and place as was arranged between both parties. In the event that Regal is unable to supply the Equipment as agreed solely due to any action or inaction of the Client, then Regal shall be entitled to charge a reasonable fee for re-supplying the Equipment at a later time and date.
Risk and Insurance
- Regal retains property in the Equipment,
nonetheless, all risk for the Equipment passes to the Client on delivery thereof.
- The Client accepts full
- the safekeeping of the Equipment
and indemnifies Regal for all loss, theft, or damage to the Equipment (including
the cost of repairs suffered or incurred by Regal) howsoever caused and without
limiting the generality of the foregoing whether or not such loss, theft, or
damage is attributable to any negligence, failure, or omission of the Client, and
the Client shall be liable for the payment of the Charges (at the appropriate standby
rate) during the period that the Equipment is necessarily idle as a result of any
damage or breakdown thereto;
- and shall keep Regal indemnified
against, all liability in respect of:
- all actions, proceedings, claims,
damages, costs and expenses in respect of any injury to persons, damage to property,
or otherwise arising out of the use of the Equipment during the hire period and
whether or not arising from any negligence, failure or omission of the Client
or any other persons;
- all damage which may be caused to
any underground or overhead services, footpaths, driveways, grounds, lawns, fences,
structures or any other carpentry whatsoever, by the use of the Equipment whilst
on-site, including any damage caused by the Equipment whilst entering or leaving
the site, or maneuvering whether on or off-site, or otherwise.
- It shall be the Client’s responsibility
- any Load to be lifted by the Equipment
within the confines of the Client’s parameters of the site; and
- the Equipment (and any associated
parts and/or accessories, and personnel if applicable) against physical loss or
damage including, but not limited to, the perils of an accident, fire, theft and
burglary and all other usual risks, up to its replacement value, with Regal as co-insured.
- The Client will affect adequate
Public Liability Insurance covering any loss, damage or injury to property arising
out of the Equipment. Further, the Client will not use, nor permit the use of, the
Equipment in such a manner as would permit an insurer to decline any claim.
- Regal may request the Client to
provide a copy of the insurance policies specified in clauses 6.3 and 6.4, above,
and the Client must provide such copy within twenty-four (24) hours of such request.
- The Client shall:
- not direct, or permit, any other
person to operate the Equipment (or associated parts and/or accessories) without
the express, written permission of Regal;
- not use the Equipment, or permit
the Equipment to be used, to lift any Load which exceeds the recommended or legal
load and capacity limits of the Equipment. Regal reserves the right to have the
weight of any proposed Load confirmed on a certified weighbridge, and any associated
costs shall be charged to the Client;
- be responsible for ensuring:
- Regal has clear and free access
to the site at the nominated times to enable them to deliver the Equipment. Regal
shall not be liable for any loss or damage to the site (including, without limitation,
damage to pathways, driveways and concreted or paved or grassed areas) unless due
to the negligence of Regal; and
- that the ground giving access to
the site is adequate, stable and firm, and of a gradient no steeper than 1 in 10,
to accept/support the weight of the Equipment (under its wheels and outriggers)
and/or laden trucks, and the Client agrees to indemnify Regal against all costs
incurred by Regal in for any repair, salvage or recovery of the Equipment/vehicles
in the event they become bogged or otherwise immovable;
- in addition to sub-clause (i) and
(ii) above) that clearance of 3.5m is afforded in respect of all overhead wires,
and that footpaths, curbs and channels are suitably planked.
- notify Regal immediately of the
full circumstances, details and reason of any mechanical breakdown or accident or
the Equipment, or where the Equipment is involved in injury to any person or property.
The Client is not absolved from the requirements to safeguard the Equipment by
giving such notification;
- satisfy itself at commencement that
the Equipment is suitable for its purposes;
- keep the Equipment in their own
possession and control and shall not assign the benefit of the hire contract nor
be entitled to take a lien, or grant an encumbrance over the Equipment;
- not alter or make any additions
to the Equipment including but without limitation altering, make any additions to,
defacing or erasing any identifying mark, plate or number on or in the Equipment
or in any other manner interfere with the Equipment;
- use the Equipment solely for the
Client’s own works and shall not permit the Equipment of any part thereof to be
used by any other party for any other work without the express, written permission
Terms Applicable to Wet Hire Only
- The Client acknowledges and agrees
that the following shall not be included in the Charges:
- travelling time, which shall be
regarded as business hours;
- work permits and visas required,
which shall be arranged and paid for by the Client.
- Regal’ employees shall operate the
Equipment in accordance with all reasonable, lawful instructions provided by the
Client unless such instructions are in breach of this agreement or are unlawful,
and as such Regal shall not be liable for any actions of their employees in
following the Client’s instructions.
- The Client shall:
- declare the weight of any Load and
Regal may rely on such weight. The Client shall be responsible for all extra costs
and risk incurred by Regal for any and all damage sustained by the reliance on the
declare weight, including any costs as per clause 7.1(b);
- disclose the nature of the Load;
- be responsible for the provision
of amenities and first aid services to Regal’ employees, in compliance with the
relevant awards, certified agreements, Australian Workplace Agreements, or Health
and Safety legislation in operation in the State in which this agreement is applicable;
- provide lifting lugs for the purpose(s)
of lifting the Load(s), or otherwise an appropriate engineering diagram incorporating
the Client’s instructions. Any additional costs for the lifting of the Load(s) shall
be charged to the Client in addition to the Charges.
Terms Applicable to Dry Hire Only
- A joint on-off hire inspection shall
be performed upon commencement and termination of the hire of the Equipment, which
shall be treated and dealt with separately from any pricing and/or quotation.
- It is expressly understood and agreed
that the hire of Equipment is based on maximum use of fifty (50) hours average per
calendar week, calculated over the total monthly hire period. All hours in excess
of this amount will be charged pro-rata and settled on a monthly basis.
- Before the commencement of the hire
of the Equipment Client shall pay a security deposit equal to a three (3) month
portion of Charges.
- The Client shall:
- operate the Equipment safely, strictly
in accordance with the law, only for its intended use, and in accordance with any
manufacturer’s instruction whether supplied by Regal or posted on the Equipment;
- ensure that all persons operating
and/or maintaining the Equipment are competent, experienced, reliable and suitably
instructed in the Equipment’s safe and proper use, and where necessary that the
operator holds a current Certificate of Competency and/or are fully licensed to
operate and/or maintain the Equipment and shall provide evidence of the same to
Regal upon request;
- be responsible for the maintenance
of the Equipment during the hire period (including, but not limited to, the timely
change of oil, greasing, replacement of filters, replacement of tyres/hoses, adjustment
if necessary, and electrical maintenance);
- notify Regal, and obtain their prior
written permission, where the Client wishes to sublet or transfer their hiring rights
to a third party.
- Any repair of damage to the Equipment
shall be the responsibility, and at the cost, of the Client, and must be carried
out by a party (and in a manner) as agreed to by Regal.
- The Client accepts that the Equipment
can be equipped with black-boxes connected to local GPS system monitoring and checking
daily Equipment status in general, like maintenance, position and good operation
follow up. Feedback of observed results can be given if installed and operational
in the region (access to the network).
- This agreement shall not be considered
to be qualified as a financial lease contract; it is not the intention of the parties
to transfer the property of the Equipment to the Client.
- The Equipment is, and will at all
times remain, the absolute property of Regal.
- Regal or Regal’ agent may (as the
invitee of the Client) enter upon and into any land and premises owned, occupied
or used by the Client, or any premises where the Equipment is situated and take
possession of the Equipment, without being responsible for any damage thereby caused.
Any costs incurred by Regal as a result of Regal so recovering the Equipment shall
be charged to the Client.
- The Client is not authorised to
pledge Regal’ credit for repairs to the Equipment, or to create a lien over the
Equipment in respect of this agreement, or any repairs.
Personal Property Securities Act 2009 (“PPSA”)
- Only to the extent that the hire
of the Equipment exceeds a twelve (12) month hire period (or a six (6) month hire
period with the right of renewal), shall this clause 11 apply, and this agreement
a security agreement for the purposes of PPSA generally, and in particular Section
- In this clause financing statement,
financing change statement, security agreement, and security interest have the meaning
given to it by the PPSA.
- Upon assenting to these terms and
conditions in writing the Client acknowledges and agrees that these terms and conditions
constitute a security agreement for the purposes of the PPSA and creates a security
interest in the Equipment and all collateral (account) – being a monetary obligation
of the Client – for Equipment that has previously been supplied, and that will be
supplied in the future, by Regal to the Client.
- The Client undertakes to:
- promptly sign any further documents
and/or provide any further information (such information to be complete, accurate
and up-to-date in all respects) which Regal may reasonably require to;
- register a financing statement or
financing change statement in relation to a security interest on the Personal Property
- register any other document required
to be registered by the PPSA; or
- correct a defect in a statement
referred to in clause 11.4(a)(i) or 11.4(a)(ii);
- indemnify, and upon demand reimburse,
Regal for all expenses incurred in registering a financing statement or financing
change statement on the Personal Property Securities Register established by the
PPSA or releasing any registration made thereby;
- not register a financing change
statement in respect of a security interest without the prior written consent of
- not register, or permit to be registered,
a financing statement or a financing change statement in relation to the Equipment
in favour of a third party without the prior written consent of Regal.
- Regal and the Client agree that
sections 96, 115 and 125 of the PPSA do not apply to the security agreement created
by these terms and conditions.
- The Client waives their rights to
receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the
- The Client waives their rights as
a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing
by Regal, the Client waives their right to receive a verification statement in accordance
with section 157 of the PPSA.
- The Client must unconditionally
ratify any actions taken by Regal under clauses 11.4 to 11.6.
- Subject to any express provisions
to the contrary nothing in these terms and conditions is intended to have the effect
of contracting out of any of the provisions of the PPSA.
Security and Charge
- In consideration of Regal agreeing
to supply the Equipment, the Client 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 Client either now or in the future, to secure the performance
by the Client of its obligations under these terms and conditions (including, but
not limited to, the payment of any money).
- The Client indemnifies Regal from
and against all Regal’ costs and disbursements including legal costs on a solicitor
and own client basis incurred in exercising Regal’ rights under this clause.
- The Client irrevocably appoints
Regal and each director of Regal as the Client’s true and lawful attorney/s to perform
all necessary acts to give effect to the provisions of this clause 12 including,
but not limited to, signing any document on the Client’s behalf.
- The Commonwealth Competition and
Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
- Nothing in this agreement is intended
to have the effect of contracting out of any applicable provisions of the CCA or
the FTA in each of the States and Territories of Australia (including any substitute
to those Acts or re-enactment thereof), except to the extent permitted by those
Acts where applicable.
- The Client undertakes not to disclose
to any other party whatsoever (be it directly or indirectly), all or any part of
whatever information Regal shall have communicated to them, or that they have discovered
in the course of the performance of this agreement.
- Regal retains the right to use this
agreement, and any Services performed hereunder, for promotional purposes without
any financial liability to the Client.
- These confidentiality undertakings
shall not apply where:
- disclosure is required under any
applicable law or governmental ordinance (or equivalent), or with respect to information
which was known to the recipient prior to receipt of such information; or
- was or is hereafter made available
to the recipient by any third party who is not under a non-disclosure obligation
to the discloser;
- becomes generally available to the
public through no fault attributable to the recipient.
- The Client shall ensure that their
employees comply with this clause 14.
Default and Consequences of Default
- 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 a half percent (2.5%) per calendar month (and at Regal’ sole
discretion such interest shall compound monthly at such a rate) after as well as
before any judgment.
- If the Client owes Regal any money
the Client shall indemnify Regal from and against all costs and disbursements incurred
by Regal in recovering the debt (including but not limited to internal administration
fees, legal costs on a solicitor and own client basis, Regal’ collection agency
costs, and bank dishonour fees).
- Without prejudice to any other remedies,
Regal may have, if at any time the Client is in breach of any obligation (including
those relating to payment) under these terms and conditions Regal may suspend or
terminate the supply of Equipment to the Client, and recover the Equipment as per
clause 10.2. Regal will not be liable to the Client for any loss or damage the Client
suffers because Regal has exercised its rights under this clause.
- Without prejudice to Regal’ other
remedies at law Regal shall be entitled to cancel all or any part of any order of
the Client which remains unfulfilled and all amounts owing to Regal shall, whether
or not due for payment, become immediately payable if:
- any money payable to Regal becomes
overdue, or in Regal’ opinion the Client will be unable to make a payment when it
- the Client 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
- a receiver, manager, liquidator
(provisional or otherwise) or similar person is appointed in respect of the Client
or any asset of the Client.
Cancellation and Termination
- Regal may cancel any contract to
which these terms and conditions apply or cancel the supply of Equipment at any
time before the Equipment is delivered by giving written notice to the Client. On
giving such notice Regal shall repay to the Client any money paid by the Client
for the hire of Equipment. Regal shall not be liable for any loss or damage whatsoever
arising from such cancellation.
- In the event that the Client cancels
the supply of Equipment, the Client shall be liable for any and all loss incurred
(whether direct or indirect) by Regal as a direct result of the cancellation (including,
but not limited to, any loss of profits).
- Regal shall have the right at any
time, by giving notice in writing to the Client, to terminate this agreement forthwith
if the Client commits a material breach of these terms and conditions, and such
breach is not remedied within fourteen (14) days after notification thereof.
Privacy Act of 1988
- The Client agrees for Regal to obtain
from a credit-reporting agency a credit report containing personal credit information
about the Client in relation to credit provided by Regal.
- The Client agrees that Regal may
exchange information about the Client with those credit providers either named as
trade referees by the Client or named in a consumer credit report issued by a credit
reporting agency for the following purposes:
- to assess an application by the
- to notify other credit providers
of a default by the Client; and/or
- to exchange information with other
credit providers as to the status of this credit account, where the Client is in
default with other credit providers; and/or
- to assess the creditworthiness of
- The Client understands that the
information exchanged can include anything about the Client’s creditworthiness,
credit standing, credit history or credit capacity that credit providers are allowed
to exchange under the Privacy Act 1988.
- The Client consents to Regal being
given a consumer credit report to collect overdue payment on commercial credit (Section
18K(1)(h) Privacy Act 1988).
- The Client agrees that personal
credit information provided may be used and retained by Regal for the following
purposes (and for other purposes as shall be agreed between the Client and Regal
or required by law from time to time):
- the provision of Services; and/or
- the marketing of Services by Regal,
its agents or distributors; and/or
- analysing, verifying and/or checking
the Client’s credit, payment and/or status in relation to the provision of Services;
- processing of any payment instructions,
direct debit facilities and/or credit facilities requested by the Client; and/or
- enabling the daily operation of
the Client’s account and/or the collection of amounts outstanding in the Client’s
account in relation to the Services.
- Regal may give information about
the Client to a credit reporting agency for the following purposes:
- to obtain a consumer credit report
about the Client;
- allow the credit reporting agency
to create or maintain a credit information file containing information about the
- The information given to the credit
reporting agency may include:
- personal particulars (the Client’s
name, sex, address, previous addresses, date of birth, name of employer and driver’s
- details concerning the Client’s
application for credit or commercial credit and the amount requested;
- advice that Regal is a current credit
provider to the Client;
- the advice of any overdue accounts,
loan repayments, and/or any outstanding monies owing which are overdue by more than
sixty (60) days, and for which debt collection action has been started;
- that the Client’s overdue accounts,
loan repayments and/or any outstanding monies are no longer overdue in respect of
any default that has been listed;
- information that, in the opinion
of Regal, the Client has committed a serious credit infringement (that is, fraudulently
or shown an intention not to comply with the Client’s credit obligations);
- advice that cheques drawn by the
Client for one hundred dollars ($100) or more have been dishonoured more than once;
- that credit provided to the Client
by Regal has been paid or otherwise discharged.
- In the event that the Client believes
that they have any claim against Regal then they must lodge any notice of claim
for consideration and determination by Regal within seven (7) days of the delivery
of the Equipment.
- The failure to notify a claim within
the time limitations under clause 18.1 is evidence of satisfactory performance by
Regal of its obligations.
- All causes of action against the
Company extinguish if proceedings are not commenced within nine (9) months after
delivery of the Equipment.
- If a dispute arises between the
parties to this contract then either party shall send to the other party a notice
of dispute in writing adequately identifying and providing details of the dispute.
Within fourteen (14) days after service of a notice of dispute, the parties shall
confer at least once, to attempt to resolve the dispute. At any such conference,
each party shall be represented by a person having authority to agree to a
resolution of the dispute. In the event that the dispute cannot be so resolved either
party may by further notice in writing delivered by hand or sent by certified mail
to the other party refer such dispute to arbitration. Any arbitration shall be:
- referred to a single arbitrator
to be nominated by the President of the Institute of Arbitrators Australia; and
- conducted in accordance with the
Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
- The failure by Regal to enforce
any provision of these terms and conditions shall not be treated as a waiver of
that provision, nor shall it affect Regal’ right to subsequently enforce that provision.
If any provision of these terms and conditions shall be invalid, void, illegal or
unenforceable the validity, existence, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any
contract to which they apply shall be governed by the laws of Queensland, the state
in which Regal has its principal place of business, and are subject to the jurisdiction
of the Brisbane Courts in that state.
- Subject to clause 13, Regal shall
be under no liability whatsoever to the Client for any indirect and/or consequential
loss, damage and/or expense (including loss of profit, enjoyment, production and
return, clientele and good trade reputation) suffered by the Client arising out
of a breach by Regal of these terms and conditions, any breakdown or stoppage of
the Equipment, or the delayed delivery or non-delivery of the Equipment (alternatively
Regal’ liability shall be limited to damages which under no circumstances shall
exceed the Charges).
- The Client shall not be entitled
to set off against, or deduct from the Charges, any sums owed or claimed to be owed
to the Client by Regal nor to withhold payment of any invoice because part of that
invoice is in dispute.
- Any notice to be given or served
by Regal or Client on the other shall be in writing, signed by an authorised officer
of the party giving the notice, and may be served by certified mail to the nominated
- Regal may license or sub-contract
all or any part of its rights and obligations without the Client’s consent.
- The Client agrees that Regal may
amend these terms and conditions at any time. If Regal makes a change to these terms
and conditions, then that change will take effect from the date on which Regal notifies
the Client of such change. The Client will be taken to have accepted such changes
if the Client makes a further request for Regal to supply Equipment to the Client.
- Neither party shall be liable for
any default due to any act of God, war, terrorism, strike, lock-out, industrial
action, fire, flood, storm or other events beyond the reasonable control of either
- The Client warrants that it has
the power to enter into this agreement and has obtained all necessary authorisations
to allow it to do so, it is not insolvent and that this agreement creates binding
and valid legal obligations on it.