Commercial Terms and Conditions

The Terms and Conditions apply to any order by a Customer for any Goods and Services provided by Maines Electrical Pty Ltd.
For the purposes of this Agreement:

“Agreement” shall mean these Terms and Conditions together with the Quotation;
‍
“Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 of the Competition & Consumer Act 2010 (Cth) as amended from time to time.

“Business Day” means a day that is not a Saturday’s or Sunday’s or a public holiday, special holiday or bank holiday in the place in which any relevant at is to be or may be done;

“Contract Price” means the amount as stated on the Quotation for the performance of the Works

“Contractor” means Maines Electrical Pty Ltd ;

“Customer” means any individual or business entity named in either the Quotation or the paper work attaching the Quotation including these Terms and Conditions;

“Goods” means plumbing and/or gas related Goods and associated components as specifically described on the Contractors Quotation, Invoice and other paperwork supplied to the Customer by the Contractor;

“GST” means Goods and Services Tax payable under the A New Tax System (Goods and Services Tax) Act 1999;

‍“Intellectual Property” means know-how, systems, manuals, trade secrets, copyright, trademarks, eligible layouts and patents;

“Invoice” means the invoice for payment provided by the Contractor to the Customer for the Works in whole or in part payable in accordance with these Terms and Conditions;

“Services” means the plumbing and/or gas related services as described in the Contractors Quotation and supplied to the Customer by the Contractor;

“Site” means the place at which the Contractor is to provide the Services to the Customer in accordance with the Quotation;

“Quotation” means any quote provided to the Customer by the Contractor in relation to the performance of the Works by the Contactor; and
“Works” means any and all Goods and Services provided by the Contractor to the Customer.

1. QUOTATION

• 1.1.  TheContractor shall specify in the Quotation the Goods and Services required tocarry out the Customers instructions and provide an estimate of theContractor’s charge for the performance of those Services and the cost of the Goods.
• 1.2. There is no obligation upon the Contractor to supply or provide the Goods and/or services until such time as the Customer has accepted the Agreement. In the event that the Customer does not accept the Quotation in writing, payment of the amount of the deposit will be deemed as acceptance of the Quotation.
• 1.3. The Quotation prices will remain current for thirty (30) days for the date of the Quotation.
• 1.4. Unless otherwise stated, the price of the Good sand/or Services is exclusive of GST.

1. 2. PRICE

1. 2.1. The price payable by the Customer to the Contractor for the Goods and/or Services is the price specified in the Quotation, which can be varied in accordance with this Agreement.

1. 3. ACCEPTANCE

1. 3.1. The following shall be deemed to be acceptance by the Customer of the Quotation and the Agreement;

1. 3.1.1. The Customer specifically accepting the Quotation inwriting including by signing and returning the Quotation, post, email correspondence, or by other means which states that the Customer has accepted the Quotation;
2. 3.1.2. Provision of a work order or similar detailing the Works to be performed by the Contractor;
3. 3.1.3. Payment of the amount of the deposit, as specified in the Quotation, to the Contractor; and
4. 3.1.4.  By providing the Contractor instructions to commence work on Site. In the event of such an instruction, the Contractor is not obligated to commence the Works until such time as the Customer has paid the amount of the deposit.

• 3.2. Each of the above shall be deemed to be an express assent to the performance of the Works.

1. 4. DEPOSITS

• 4.1. A minimum deposit of 10% of the total cost of the Works, as specified in the Quotation, is payable by the Customer within two (2) Business Days of the Customer accepting the Quotation. The deposit is non-refundable unless otherwise specified in this Agreement.

1. 5. PAYMENT

1. 5.1. The Customer is to make progress payments in the percentages stated in the Quotation by the Contractor.
2. 5.2. The Contractor shall serve an Invoice upon the Customer by email correspondence, registered post or in person. Service to the ordinary email address of the Customer will be deemed to be simultaneously with its transmittal by the Contractor. A record of the Contractors service by email shall be deemed to be sufficient proof of service.
3. 5.3. The Customer is required to make payment in full of the amount of the Invoice provided by the Contractor within seven (7) days of the date of the Invoice.
4. 5.4. The provisions of the Building Industry Fairness (Security of Payment) Act 2017(Qld) may apply, at the Contractor’s sole discretion and to the full extent allowable according to the law, in the event that there is a dispute or claims in relation to the payment of an Invoice.
5. 5.5. If the Customer fails to make any payment for the Goods and/or Services with payment falls due, then the Contractor may, without prejudice to any other remedy which might be available to the Contractor:

1. 5.5.1. Be charged interest at a rate of 2.5% per month cumulative which is to be calculated on a day to day basis on any monies owed to the Contractor. The parties agree that such amounts are not a penalty but a true measure of the damages incurred by the Contractor. Payments received from the Customer will be credited first against any account keeping fees and interest and all such fees shall be payable by the Customer on demand from the Contractor;
2. 5.5.2.  Be charged an administrative fee of $25.00for each late payment; and
3. 5.5.3. Pay the Contractor for any costs, expenses or losses incurred by the Contractor as a result of the Customer’s failure to pay the Contractor including but not limited to debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis

1. 6. BUILDER OR COMPANY AGENT

1. 6.1. The Customer may be a builder or company, properly licensed by the Queensland Building and Construction Commission.
2. 6.2. 1.1. If the Customer is a builder or company than the Customer will be responsible for all terms of this Agreement including payment terms, and the Customer, being a builder, will act on behalf of or as an agent of their client.
3. 6.3. To the extent allowed by law, the Contractor is only liable to the Customer and is in no way liable to a client of the Customer.

1. 7. VARIATIONS

1. 7.1. Prior to the completion of the works the Customer may request a variation to the Works, either in writing or orally. In the event that a requested variation has been requested orally, the Customer must confirm the request for a variation inwriting within two (2) business days.
2. 7.2. The Contractor may at its sole discretion either accept or reject the request for a variation.
3. 7.3. The Contractor will provide the Customer with a written variation within five (5)days of a request for variation being accepted by the Contractor. The written variation will state:

1. 7.3.1. The work to be carried out;
2. 7.3.2. The date of the request for a variation was provided to the Contractor;
3. 7.3.3. The price of the variation;
4. 7.3.4. For an increase in the Contract Price, then the price becomes payable, or for a decrease in the Contract Price, when the decrease is to be accounted for;
5. 7.3.5. The change in the Contract Price because of theVariation; and
6. 7.3.6. If there will be a delay because of the Variation, a reasonable estimate of that delay.

1. 7.4. TheCustomer must agree to the Variation in writing prior to the Contractorcommencing the variation works.
2. 7.5. If a Variation is agreed, and the Customer has not within five (5) working days of the Contractor giving the Customer the variation, approved that variation inwriting, the Contractor may at its sole discretion, may withdrew the request or acceptance of that Variation.
3. 7.6. Not with standing the above, the Contractor is not required to create a variation before carrying out the varied Works if that work is required to be carried out urgently and it is not reasonably practicable in the particular circumstances to do so.
4. 7.7. The price of a Variation is due and payable at the next progress claim after it has been carried out, unless a different time is agreed.
5. 7.8. The Contractor must not refuse a request by the Customer for a Variation when the Variation is required for the Works to comply with the law.
6. 7.9. The Contractor shall be entitled to claim a Variation in circumstances where the Customer has failed to provide either adequate information or information at all to allow the Contractor to complete the Works

1. 8. CANCELLATION

1. 8.1. The Contractor:

1. 8.1.1. May cancel its obligations to supply the Goods and/or Services under the Agreement by giving written notice to the Customer, at any time before the deposit is paid by the Customer under clause 4.1; or
2. 8.1.2.  May, if the Customer has breached the Agreement andthe Contractor has given the Customer a written notice which:

1. 8.1.2.1. Identifiesthe Customers breach;
2. 8.1.2.2. Gives the Customer five (5) business days to remedy the breach; and
3. 8.1.1.3. If the Customer has failed to remedy the breach within the given timeframe, the Contractor may by written notice to the Customer cancel the Agreement and/or the Contractor’s obligation to provide the remaining Goods and/or Services remaining.

1. 8.1.3. May immediately cancel the Agreement by provision of written notice in circumstances where the Customer:
2. 8.1.4.  Is declared bankrupt;

1. 8.1.4.1. Has areceiver, agent or manager appointed for all or substantially all of theproperty of the Customer; or
2. 8.1.4.2. Enters into an arrangement or composition with its creditors; or
3. 8.1.4.3. Becomes insolvent within the meaning of section 95A of the Corporations Act 2001 (Cth).
4. 8.1.4.4. Shall not be liable for any loss or damage from the cancellation of the Agreement under this clause.

1. 8.2. The Customer:

1. 8.2.1. May cancel its obligations under the Agreement by giving written notice to the Contractor, at any time before the deposit is paid by the Customer under clause 4.1; and
2. 8.2.2. May immediately cancel the Agreement by provision of written notice in circumstances where the Contractor is;

1. 8.2.2.1. Is declared bankrupt; or
2. 8,2.2.2. Has a receiver, agent or manager appointed for all or substantially all of the property of the Contractor; or
3. 8.2.2.3. Enters into an arrangement or composition with its creditor; or
4. 8.2.2.4. Becomes insolvent within the meaning of section 95A of the Corporations Act 2001 (Cth).

1. 8.3. If the Customercancels the Agreement outside of clause 8.2 herein then the Customer mustreimburse the Contractor for any and all costs, expenses or losses incurred bythe Contractor as a result of the Customers cancellation. The Customer mustmake payment within five (5) business days of the date of receipt of an Invoiceprovided by the Contractor detailing all and any such costs.

1. 9. EXTENSIONOF TIME

1. 9.1. The Contractor shall be entitled to an extension of time to complete the Works if the supply of Goods and/or the provision of Services is delayed through no fault of the Contractor.
2. 9.2. The Contractor shall give the Customer a written notice of the extension of time detailing:

1. 9.2.1. The cause of the delay; and
2. 9.2.2. The length of the extension of time Within 10 Business Days of when the Contractor becomes aware of both the cause of the delay and the extent of the delay, or within 10 Business days of when the Contractor ought to have become aware of the cause and the extent of the delay.

1. 9.3. Nothing contained within clause 9.2 shall prevent the Contractor from claiming more than one extension of time if a particular delay has more than one effect on the carrying of the Works.

1. 10. DELAY

1. 10.1. In theevent that the Contractors Works are delayed as a result of having to rely on athird party to complete it Works, then the Contractor will be entitled tocharge the Customer for any time spent waiting at their standard hourly rate of$90.00 per hour plus GST.

1. 11. SITEACCESS AND CONDITION

1. 11.1. The Customer will ensure that the Contractor has clear and uninterrupted access to the Site until any and all Works have been completed.
2. 11.2. The Customer shall indemnify the Contractor for any additional costs if completion of the work is delayed because of interrupted Site access.

1. 12. BURIED ORUNSEEN SERVICES

1. 12.1. In the event that buried or unseen services are disturbed or damaged on Site whilst the Goods and/or Services are being supplied by the Contractor, the Contractor will not be liable for any repair work. Any repair work required by the Customer will be undertaken by the Contractor and will constitute a Variation under clause 7 of this Agreement and will be paid to the Contractor by the Customer, at the Customer’s expense.
2. 12.2. The Customer agrees to supply the Contractor with scaled plans of underground pipes and cables on Site at least two (2) Business Days before the Contractor’s proposed Works are to commence and to mark out precisely the location where the Goods and/or Services are to take place. The Customer shall be responsible or liable for any loss, damage or costs of alterations or repositioning of the location of the Goods and/or Services in the event that the Contractor incurs losses in that regard if the Customer’s instructions are incorrect or not provided and the Services are provided in a position that does not comply with all relevant legislation, regulations, standards or guidelines. The Contractor is not required to follow up the Customer for these plans, it is an obligation of the Customer to undertake the matters outline in this clause.
3. 12.3. If the Customer fails to provide the Contractor with the appropriate plans for the Site the Customer will indemnify the Contractor from any and all claims for costs, expenses and/or losses it has against the Contractor and that any third party may have against the Contractor resulting from the Customers failure under this clause.

1. 13. OWNERSHIP AND RISK

1. 13.1. The Contractor remains the owner of the Goods until payment has been made in full to the Contractor.
2. 13.2. The Customer must not sell or otherwise deal with the goods until payment has been made in full to the Contractor.
3. 13.3. Upon delivery of the Goods by the Contractor to the Site, the Customer bears any and all responsibility and liability in ensuring the Goods are secured.
4. 13.4. Not with standing clauses 13.1, 13.2, and 13.3 risk of loss of, or damage to, the goods passes to the Customer upon delivery.
5. 13.5. The Customer is liable to reimburse the Contractor for any theft of Goods at the Site during the completion of the Works through the Customers insurance scheme or otherwise, as if the Works have already been completed (or part thereof)before the theft for the costs of resupplying the Goods and/or Services to repair any loss and damage resulting from the theft.
6. 13.6. The Customer is liable for maintaining insurance against theft on Site and for all Goods from delivery on Site. The Customer is also liable to ensure that the Site is kept securely locked at all times during which the Works are being undertaken by the Contractor on Site and that the Goods are always secure and protected.

1. 14. GOODS ANDSERVICES GUARANTEE, REPAIRS AND WARRANTY:

1. 14.1. Any guarantees under the Australian Consumer Law which cannot be excluded by that statute or by any other law are not intended to be excluded by this Agreement.
2. 14.2. The Customer agrees that the Contractors liability to the Customer for any breach of any implied terms may, subject to the Australian Consumer Law be limited to the replacement, or repair or payment of the costs of replacement or repair of the relevant Goods and/or Services.
3. 14.3. The Customer acknowledges that (at the Contractors option):

1. 14.3.1.  The Goods repaired may be replaces by refurbishedgoods of the same type rather than being repaired;
2. 14.3.2.  Refurbished parts may be used to repair goods.

1. 14.4. All Goods and/or Services supplied by the Contractor shall have the benefit of any warranty given by the goods respective manufacturer.
2. 14.5. Subject to the Customers rights in relation to Goods and Services, under the Australian Consumer law and to the fullest extent permitted by law, the Customer agrees that the Contractor will not be liable to the Customer for:

1. 14.5.1. Loss of profit or other economic loss; or
2. 14.5.2. Direct or indirect or consequential, special, general or other damages; or
3. 14.5.3. Other expenses or costs arising out of a breach of contract or any common law duty (including negligence) by the Contractor, its agents or employees.

1. Arising from but not limited to those caused by:

1. 14.5.4. External causes including natural disaster, fire, water, lightning, power surge or spike, accident, neglect, misuse, vandalism;
2. 14.5.5. The use of the Goods and/or Services for other thantheir intended purpose;
3. 14.5.6. The use with or connection of the Goods and/or Services to item/s not approved by the Contractor;
4. 14.5.7. The performance of maintenance or attempted repair by person/s other than the Contractor or as authorised by the Contractor;
5. 14.5.8. Any configuration or reconfiguration by the Customer.

1. 14.6. No liability is assumed for any consequential damages caused from the use of Goods and/or Services by the Customer.
2. 14.7. The Customer is responsible for any return freight charges for Goods that are returned under warranty.
3. 14.8. To the extent permitted by law, the aggregate liability of the Contractor in respect of all claims arising out of or in connection with this Agreement, whether in contact, negligence or any other tort, under any other statute or otherwise will not in any circumstances exceed the lessor of:

1. 14.8.1. The Contract price; and
2. 14.8.2. Five Thousand dollars ($5,000.00).

1. 15. CONTRACTORLIABILITY:

1. 15.1. The Contractor shall not be liable for any damage to the Goods and/or Services caused by the Customer or third parties and shall not be required to indemnify any party for any damages caused by others.
2. 15.2. Subject to the Australian Consumer Law, the Contractor will not accept the return of, or give credit for, any Goods and/or Services supplied in accordance with this Agreement.
3. 15.3. The Contractor will not be liable for any delays caused by any person other than the Contractor or any representative.
4. 15.4. Subject to the Australian Consumer Law, the Contractor will not be liable for any consequential or indirect losses.

1. 16. PERSONALPROPERTY SECURITIES ACT 2009 (PPSA)

1. 16.1. Until the Contractor receives payment for all monies owed to it, the Customer acknowledges that the Contractor has a Purchase Money Security Interest (PMSI)which attaches over the Goods and their proceeds and a Security Interest in relation to other amounts owed by the Customer to the Contractor.
2. 16.2. The Customer acknowledges that the Agreement constitutes a Security Agreement for the purpose of the PPSA.
3. 16.3. On default of payment the Customer irrevocably permits the Contractor, or any person authorised in writing by the Contractor, upon reasonable notice to enter the Customers premises or any premises where the Goods are reasonably believed by the Contractor to be held on the Customers behalf. The Customer also agrees to indemnify the Contractor for all costs and expenses of recovery or the Goods and losses, if any, on their resale.
4. 16.4. The Customer undertakes to do anything (such as obtaining consents, producing documents or getting documents completed or signed) which the Contractor considers reasonably necessary for the purposes of ensuring that a PMSI and/ or Security Interest is enforceable, perfected and effective.
5. 16.5. To the extent permitted by law, the Customer waives its rights to

1. 16.5.1. Receive notices or statements under sections95,121(4), 125, 130, 132(3)(d) and 135 of the PPSA;
2. 16.5.2. Redeem the Goods under section 142 of the PPSA;
3. 16.5.3. Reinstate the Security Agreement under section 143 of the PPSA
4. 16.5.4. Receive a Verification Statement.

1. 16.6. Nothing in this clause prevents the Contractor from taking collection or legal action to recover any monies owed to it from time to time.
2. 16.7. In the event that the Contractor incurs legal costs and/or fees or any other debt recover costs, the Customer shall indemnify the Contractor against those costs on an indemnity basis.

1. 17. INSTRUCTIONSAND COMMUNICATION

1. 17.1. The Contractor shall only receive instructions from the Customer signing this Agreement. If the Customer authorises any other employee or agent to give the Contractor instructions in lieu of or in addition to the person signing this Agreement then the Customer must inform the Contractor of that person’s details.
2. 17.2. The Contractor shall not be liable in any way for any losses incurred by the Customer in accepting instructions from the persons contemplated by this clause. The Contractor may elect to communicate by electronic mail or such other form as is convenient, and does not warrant that any such communication will be free from defect, virus or shall otherwise be secure, The Customer here by acknowledges and agrees to accept such communications and releases the Contractor from all liability in respect of any losses that may be incurred by the Customer from such communications.
3. 17.3. The Contractor will not receive any instructions or communications from the Customer’s client (if any) and will not be required to respond to any instructions or communications received from the client of the Customer.

1. 18. DEFECTS

1. 18.1. The Customer must inspect all Goods provided on delivery to Site or at completion of the Works, and within two (2) months from the date of delivery to Site or completion of the Works notify the Contractor in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or the Quotation.
2. 18.2. The Contractor will come and assess any defects as soon as reasonably possible after notification of the same in order to determine if the alleged defect is a genuine defect and if any repairs are agreed to be undertaken by the Contractor or not.
3. 18.3. The Customer must provide the Contractor with a reasonable opportunity to modify any defect or damage.

1. 19. RETURN OREXCHANGE OF GOODS

1. 19.1. Except as required by law, the Contractor is under no obligation to accept Goods which the Customer wishes to return or exchange. The Contractor can request any details it considers necessary from the Customer as part of its decision under this clause. The Customer agrees to comply with all such reasonable request for documentation and information from the Contractor. Any Goods returned or exchanged are at the discretion of the Contractor (other than as is required at law) and at the Customers entire risk as to loss or damage.
2. 19.2. The Customer agrees that the Contractor has discretion to accept any returned Goods, provided that such Goods shall only be accepted for return with prior approval of the Contractor. Goods that are returned to the Contractor will be subject to a 10% handling fee of the invoiced value of the returned Goods, which handling fee is payable by the Customer to the Contractor. Return freight and other expenses must be paid for by the Customer.

1. 20. LIMITATIONSOF LIABILITY

1. 20.1. The Agreement does not exclude, restrict or modify the application of any provision of any Commonwealth, State or Territorial Law which cannot be excluded, restricted or modified.
2. 20.2. To the extent permitted by law, all terms, conditions, warranties and representations, expressed or implied, by statute orotherwise, are hereby expressly excluded.
3. 20.3. To theextent permitted by law, the Contractor shall not be liable to the Customer forany injury, harm, loss, damage, costs, expense or other claim includingeconomic loss or loss of profits however arising from the supply of Goodsand/or Services or arising from any breach, default or negligence of theContractor in connection with the supply of the Goods and/or Services.
4. 20.4. If the Customer is entitled to the benefit of implied terms which cannot be excluded, the Contractors liability shall be limited, at its options, in the case of supply of Goods to:

1. 20.4.1.  The replacement of the Goods or the supply of anequivalent or similar Goods;
2. 20.4.2. The payment of the costs of replacing the Goods or acquiring relevant Goods;
3. 20.5.3. The payment of the costs of having the Goods repaired; and
4. 20.5.4. The repair of the Goods.

1. 21. FORCEMAJEURE

1. 21.1. The Contractor will have no liability to the Customer in relation to any loss, damage or expense caused by the Contractor’s failure to supply the Goods and/or complete the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, vandalism, crime, pandemic, strike, lockout, lockdown, border closure, breakdown, war, the inability of the Contractor’s normal Contractors to supply the necessary material or any other matter beyond the Contractor’s control.

1. 22. CONFIDENTIALITY

1. 22.1. The parties shall, except for legal and other advisors, keep strictly confidential between them all information shared under the Agreement.

1. 23. SUPPLYAUTHORITY, LEGISLATIVE AND STATUTORY CHARGES
2. 23.1. The Contractor shall be entitled to be reimbursed all the costs and charges levied by any statutory or other authority with respect to the Works.
3. 24. DISPUTERESOLUTION

1. 24.1. Any disputes between parties arising from the performance of provisions of the Agreement and/or the Quotation must be attempted to be settled between the parties. Either party may give notice of a dispute to the other in writing. In the event that one party gives notice of a dispute to the other party, the party which raises the dispute must provide the other party full details of the dispute. Within fourteen (14) days of a dispute being raised, an authorised representative with authority from each party shall meet at least once. Such a meeting is to take place within the state of Queensland at a place nominated by the Contractor.
2. 24.2. If the meeting referred to at clauses 24.1 above does not result in settlement of the dispute between the Contractor and the Customer, the dispute may then be referred to mediation, if agreed by both parties. The Mediator is to be appointed by agreement between the parties and in the event that the parties agree to mediate but cannot agree to the mediator to be appointed then the mediator is to be appointed by the then current President of the Queensland Law Society. The costs of any mediation are to be borne equally between the Contractor and the Customer.
3. 24.3. If the dispute cannot be settled through mediation, or the parties do not both consent to a mediation, then either party is at liberty to commence legal proceedings.
4. 24.4. During the period in which the dispute is being resolved, the parties must continue to perform all of the provisions of the Agreement which are not under dispute.
5. 24.5. Except in the circumstances where the Customer has failed to may payment of a progress claim, neither party shall commence a proceeding in a Court or Tribunal until such time as this clause of the Agreement has been satisfied.

1. 25. ASSIGNMENT

1. 25.1. This Agreement shall not be assigned by either party without prior written consent of the other party with such consent not to be unreasonably withheld.
2. 25.2. Any consent that may be given by the Contractor may be granted or withheld in the Contractor’s absolute discretion and shall not at any time constitute a waiver of the Contractor’s rights and interests under this Agreement.

1. 26. GUARANTEE
2. 26.1. The person signing this Agreement on behalf of the Customer hereby guarantees the payment of all monies that become due and payable under this Agreement. This Guarantee will continue following the termination of this Agreement until all monies owing to the Contractor are paid in full.

1. 27. GST ANDOTHER TAXES
2. 27.1. The Customer must pay to the Contractor Goods and Services Tax on the Goods and/or Services as is required by the Australian taxation office as well as any other taxes, duties, fees and levies for the goods and/or Services supplied that maybe applicable. The amount the Customer owes the Contractor will be stated in the Invoice to the Customer.

1. 28. GENERALMATTERS

1. 28.1. This Agreement contains the entire agreement between the Contractor and the Customer. The parties agree that any negotiations that led to this Agreement have been accurately incorporated in this Agreement.
2. 28.2. In entering into this Agreement, the parties hereby acknowledge that they have not made any warranties or representations to each other except as incorporated in this Agreement.
3. 28.3. ThisAgreement is governed by the laws of Queensland and the parties submit to theexclusive jurisdiction of the Courts of Queensland.
4. 28.4. The Customer acknowledges that any and all Intellectual Property relation to the Goods and/or Services remains the sole and exclusive property of the Contractor.
5. 28.5. The Customer undertakes to obtain and provide the necessary local government authority approvals for the provision of the Services, if necessary.
6. 28.6. Any and all statutory and local government consents (including but not limited to planning or building approvals) relevant to the Services must be obtained by the Customer at its sole cost.
7. 28.7. If any part of this Agreement is found to be void, voidable or not enforceable, that part shall be struck out without affecting or eroding the enforceability or validity of the remaining parts and such severance shall not detract from the obligations each party has under this Agreement.