Terms & Conditions

Definitions

• “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.

Acceptance

• 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 last occurs.
• 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 the Charges:
  • if a variation to Regal’ quotation is requested;
  • 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 notices;
  • 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 until:
  • 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 responsibility for:
  • 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 to ensure:
    • 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.

Client’s Responsibilities

• 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 of Regal.

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;
  • accommodation expenses;
  • 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.

Title

• 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 20.
• 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 Securities Register;
  • 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 Regal;
  • 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 PPSA.
• 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.

Confidentiality

• 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 falls due;
  • 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 Client; and/or
  • 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.
  • 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; and/or
  • 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 Client.
• 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 licence number);
• 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.

Claims

• 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.

Dispute Resolution

• 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.

General

• 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 address.
• 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 party.
• 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.