Terms & Conditions

1. Definitions
   • “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting Holloway Group to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
     • if there is more than one Client, is a reference to each Client jointly and severally; and
     • if the Client is a partnership, it shall bind each partner jointly and severally; and
     • if the Client is on behalf of or part of, a Trust, shall be bound in its own capacity as a trustee; and
     • includes the Client’s executors, administrators, successors, and permitted assigns.
   • “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
   • “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
   • “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using Holloway Group’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
   • “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
   • “Holloway Group” means A Plus Plastics & Tooling Pty Ltd T/A Holloway Group, its successors and assigns or any person acting on behalf of and with the authority of A Plus Plastics & Tooling Pty Ltd T/A Holloway Group.
   • “Price” means the Price payable (plus any GST where applicable) for the Products as agreed between Holloway Group and the Client in accordance with clause 5
   • “Products” means all Products or Services supplied by Holloway Group to the Client at the Client’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ shall be interchangeable for the other).

 

2. Acceptance
   • The parties acknowledge and agree that:
     • they have read and understood the terms and conditions contained in this Contract; and
     • the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Products.
   • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
   • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
   • The Client acknowledges that the supply of Products on credit shall not take effect until the Client has completed a credit application with Holloway Group and it has been approved with a credit limit established for the account.
   • In the event that the supply of Products requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, Holloway Group reserves the right to refuse delivery.
   • All international accounts are governed by Australian laws. In the event of any disputes or issues arising from these accounts, they will be resolved under the jurisdiction of Australian law.
   • Any advice, recommendation, information, assistance, specific instructions, or service provided by Holloway Group in relation to Products or Services supplied is given in good faith to the Client, or the Client’s agent and is based on Holloway Group’s own knowledge and experience and shall be accepted without liability on the part of Holloway Group. Where such advice, specific instructions, or recommendations are not acted upon then Holloway Group shall require the Client or their agent to authorise commencement of the Services in writing. Holloway Group shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services and after any subsequent purchase of the Products. Accordingly, Holloway Group offers no warranty in regard to the aforementioned.
   • These terms and conditions may be meant to be read in conjunction with Holloway Group’s Product Catalogues and Brochures and/or Products Information & Installation Guidelines, and where the context so permits, the terms ‘Products’ or ‘Services’, as defined therein.
   • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

3. Errors and Omissions
   • The Client acknowledges and accepts that Holloway Group shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
     • resulting from an inadvertent mistake made by Holloway Group in the formation and/or administration of this Contract; and/or
     • contained in/omitted from any literature (hard copy and/or electronic) supplied by Holloway Group in respect of the Services.
   • In circumstances where the Client is required to place an order for Products, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Products (whether they are made to order Products or not) ("Client Error"). The Client must pay for all Products it orders from Holloway Group notwithstanding that such Products suffer from a Client Error and notwithstanding that the Client has not taken or refuses to take Delivery of such Products. Holloway Group is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Client Errors.

 

4. Change in Control
   • The Client shall give Holloway Group 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, change of trustees, or business practice). The Client shall be liable for any loss incurred by Holloway Group as a result of the Client’s failure to comply with this clause.

 

5. Price and Payment
   • At Holloway Group’s sole discretion, the Price shall be either:
     • as indicated on any invoice provided by Holloway Group to the Client upon placement of an order for Products; or
     • the Price as at the date of Delivery of the Products according to Holloway Group’s current price list, as previously disclosed to the Client upon the Client’s placement of an order for Products; or
     • Holloway Group’s quoted Price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. All quotations supplied by Holloway Group for imported Products will be quoted in $USD only.
   • Holloway Group reserves the right to change the Price in the event of a variation to Holloway Group’s Any variation from the plan of scheduled Services or specifications (including, but not limited to, any variation due to fluctuations in the currency exchange rates and/or international freight and insurance charges for foreign sourced components or as a result of increases to Holloway Group in the cost of taxes, levies, materials and labour) will be charged for on the basis of Holloway Group’s quotation and will be shown as variations on the invoice. The Client shall be required to respond to any variation submitted by Holloway Group within ten (10) working days. Failure to do so will entitle Holloway Group to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
   • At Holloway Group’s sole discretion, a reasonable deposit may be required upon placement of an order for Products, in accordance with any quotation provided by Holloway Group or as notified to the Client prior to the placement of an order for Products.
   • Time for payment for the Products being of the essence, the Price will be payable by the Client on the date/s determined by Holloway Group, which may be:
     • on delivery of the Products; or
     • by way of instalments/progress payments in accordance with Holloway Group’s payment schedule; or
     • for approved credit account holders, either fifteen (15) days NET, or thirty (30) days EOM; or
     • 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 Holloway Group.
   • Payment for the Products sent interstate shall be due within thirty (30) days of the Products being dispatched from Holloway Group’s warehouse.
   • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Holloway Group.
   • Holloway Group may in its discretion allocate any payment received from the Client towards any invoice that Holloway Group determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Holloway Group may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Holloway Group, payment will be deemed to be allocated in such manner as preserves the maximum value of Holloway Group’s Purchase Money Security Interest (as defined in the PPSA) in the Products.
   • The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Holloway Group nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify Holloway Group in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Holloway Group investigates the disputed claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Holloway Group placing the Client’s account into default and subject to default interest in accordance with clause 1.
   • Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Holloway Group an amount equal to any GST Holloway Group must pay for any supply by Holloway Group under this or any other agreement for the sale of the Products. 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 Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

6. Delivery of Products
   • Delivery (“Delivery”) of the Products is taken to occur at the time that:
     • the Client or the Client’s nominated carrier takes possession of the Products at Holloway Group’s address; or
     • Holloway Group (or Holloway Group’s nominated carrier) delivers the Products to the Client’s nominated address even if the Client is not present at the address.
   • The cost of Delivery will be payable by the Client in accordance with the quotation provided by Holloway Group to the Client, or as otherwise notified to the Client prior to the placement of an order for Products.
   • Holloway Group may deliver the Products in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
   • The Client must take Delivery by receipt or collection of the Products whenever they are tendered for Delivery.
   • Any time specified by Holloway Group for Delivery of the Products is an estimate only and Holloway Group will not be liable for any loss or damage incurred by the Client because of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Products to be delivered at the time and place as was arranged between both parties. If Holloway Group is unable to supply the Products as agreed solely due to any action or inaction of the Client, then Holloway Group shall be entitled to charge a reasonable fee for redelivery and/or storage.
   • It shall be the Client’s responsibility to ensure correct storage and handling procedures are carried out once Delivery has occurred.

 

7. Risk
   • Risk of damage to or loss of the Products passes to the Client on Delivery and the Client must insure the Products on or before Delivery.
   • If any of the Products are damaged or destroyed following Delivery but prior to ownership passing to the Client, Holloway Group is entitled to receive all insurance proceeds payable for the Products. The production of these terms and conditions by Holloway Group is sufficient evidence of Holloway Group’s rights to receive the insurance proceeds without the need for any person dealing with Holloway Group to make further enquiries.
   • If the Client requests Holloway Group to leave Products outside Holloway Group’s premises for collection or to deliver the Products to an unattended location, then such Products shall be left at the Client’s sole risk.
   • The Client acknowledges that Holloway Group is only responsible for parts that are replaced by Holloway Group, and in the event that other parts/materials, subsequently fail, the Client agrees to indemnify Holloway Group against any loss or damage to the Products, or caused by the materials, or any part thereof howsoever arising.
   • The Contract does not include installation of the Products by Holloway Group, however Holloway Group shall provide recommendations on how to install the Products, and Holloway Group shall not be liable for any defect or damage resulting from incorrect or faulty installation.
   • The Client shall contact an installer to install the Products and shall take care to ensure that the installers are competent, trained and independently insured. Should the Client need to make any claim in regards to damage, loss, the performance or conduct of such an installer then the Client agrees to make such claim direct to the installer in the first instance.
   • The Client acknowledges and accepts that tank liners are manufactured by an independent company and is installed by the independent company. Any warranty or defect arising from the liner and installation is the responsibility of that of the independent company and not Holloway Group.
   • Where the performance of any contract with the Client requires Holloway Group to obtain goods or services from a third party, the contract between Holloway Group and the Client shall incorporate and shall be subject to the conditions of supply of such goods and services to Holloway Group, and the Client shall be liable for the cost in full including Holloway Group’s margin of such goods or services.
   • Holloway Group shall not be liable for any defect, deterioration and/or damage to the Products:
     • if the Client does not follow Holloway Group’s recommendations;
     • where Products are left outside in adverse weather as a result of any action/inaction by the Client;
     • resulting from incorrect use and/or installation of the Products by the Client or any other third party.

 

8. Accuracy of the Client’s Plans and Measurements
   • Holloway Group shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Holloway Group accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
   • In the event the Client gives information relating to measurements and quantities of the Products required to complete the Services, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or Holloway Group places an order based on these measurements and quantities. Holloway Group accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.

 

9. Compliance with Laws
   • The Client and Holloway Group shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the

 

10. Title
    • Holloway Group and the Client agree that ownership of the Products shall not pass until:
      • the Client has paid Holloway Group all amounts owing to Holloway Group; and
      • the Client has met all of its other obligations to Holloway Group.
    • Receipt by Holloway Group 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.
    • It is further agreed that, until ownership of the Products passes to the Client in accordance with clause 1:
      • the Client is only a bailee of the Products and must return the Products to Holloway Group on request;
      • the Client holds the benefit of the Client’s insurance of the Products on trust for Holloway Group and must pay to Holloway Group the proceeds of any insurance in the event of the Products being lost, damaged or destroyed;
      • the Client must not sell, dispose, or otherwise part with possession of the Products other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Products then the Client must hold the proceeds of any such act on trust for Holloway Group and must pay or deliver the proceeds to Holloway Group on demand;
      • the Client should not convert or process the Products or intermix them with other Products but if the Client does so then the Client holds the resulting product on trust for the benefit of Holloway Group and must sell, dispose of or return the resulting product to Holloway Group as it so directs;
      • the Client irrevocably authorises Holloway Group to enter any premises where Holloway Group believes the Products are kept and recover possession of the Products;
      • Holloway Group may recover possession of any Products in transit whether or not Delivery has occurred;
      • the Client shall not charge or grant an encumbrance over the Products nor grant nor otherwise give away any interest in the Products while they remain the property of Holloway Group; and
      • Holloway Group may commence proceedings to recover the Price of the Products sold notwithstanding that ownership of the Products has not passed to the Client.

 

11. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • 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 all Products that have previously been supplied and that will be supplied in the future by Holloway Group to the Client, and the proceeds from such Products.
    • 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 Holloway Group 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 3(a)(i) or 11.3(a)(ii);
      • indemnify, and upon demand reimburse, Holloway Group 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 Products charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of Holloway Group;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Products or the proceeds of such Products in favour of a third party without the prior written consent of Holloway Group;
      • immediately advise Holloway Group of any material change in its business practices of selling the Products which would result in a change in proceeds derived from such sales.
    • Holloway Group 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 Holloway Group, 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 Holloway Group under clauses 3 to 11.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

12. Security and Charge
    • In consideration of Holloway Group agreeing to supply the Products and/or provide its Services, the Client grants Holloway Group a security interest by way of a floating charge (registerable by Holloway Group pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Client or owned by the Client in the future, to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Products and/or Services under this Contract and/or permit Holloway Group to appoint a receiver to the Client in accordance with the Corporations Act 2001 (Cth).  
    • The Client indemnifies Holloway Group from and against all Holloway Group’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Holloway Group’s rights under this clause.
    • In the event that the Client defaults or breaches any term of this Contract and as a result, the security provided in clauses 1,11.2 and 12.1 as applicable, is deemed insufficient by Holloway Group to secure the repayment of monies owed by the Client to Holloway Group, the Client hereby grants Holloway Group a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Client now, or owned by the Client in the future, to secure the performance of the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money.

 

13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Client must inspect the Products on Delivery and must within seven (7) days of Delivery notify Holloway Group in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Holloway Group to inspect the Products.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • Holloway Group acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Holloway Group makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Products. Holloway Group’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Client is a consumer within the meaning of the CCA, Holloway Group’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If Holloway Group is required to replace the Products under this clause or the CCA, but is unable to do so, Holloway Group may refund any money the Client has paid for the Products.
    • If the Client is not a consumer within the meaning of the CCA, Holloway Group’s liability for any defect or damage in the Products is:
      • limited to the value of any express warranty or warranty card provided to the Client by Holloway Group at Holloway Group’s sole discretion;
      • limited to any warranty to which Holloway Group is entitled, if Holloway Group did not manufacture the Products;
      • otherwise negated absolutely.
    • Subject to this clause 13, returns will only be accepted provided that:
      • the Client has complied with the provisions of clause 1; and
      • Holloway Group has agreed that the Products are defective; and
      • the Products are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
      • the Products are returned in as close a condition to that in which they were delivered as is possible, and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
    • Notwithstanding clauses 1 to 13.8 but subject to the CCA, Holloway Group shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Client failing to properly maintain or store any Products;
      • the Client using the Products for any purpose other than that for which they were designed;
      • the Client continuing the use of any Products after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Client failing to follow any instructions or guidelines provided by Holloway Group;
      • fair wear and tear, any accident, or act of God.
    • Holloway Group may in its absolute discretion accept non-defective Products for return in which case Holloway Group may require the Client to pay handling fees of up to fifteen percent (15%) of the value of the returned Products plus any freight costs.
    • Notwithstanding anything contained in this clause if Holloway Group is required by a law to accept a return, then Holloway Group will only accept a return on the conditions imposed by that law.
    • Subject to clause 1, customised, or non-stocklist items or Products made or ordered to the Client’s specifications are not acceptable for credit or return.

 

14. Intellectual Property
    • Where Holloway Group has designed, drawn or developed Products for the Client, then the copyright in any designs and drawings and documents shall remain the property of Holloway Group. Under no circumstances may such designs, drawings and documents be used without the express written approval of Holloway Group.
    • The Client warrants that all designs, specifications, or instructions given to Holloway Group will not cause Holloway Group to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Holloway Group against any action taken by a third party against Holloway Group in respect of any such infringement.
    • The Client agrees that Holloway Group may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Products which Holloway Group has created for the Client.

 

15. 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 Holloway Group’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes Holloway Group any money, the Client shall indemnify Holloway Group from and against all costs and disbursements:
      • incurred; and/or
      • which would be incurred and/or
      • for which by the Client would be liable;

in regard to legal costs on a solicitor and own client basis incurred in exercising Holloway Group’s rights under these terms and conditions, internal administration fees, Holloway Group’s Contract fees owing for breach of these terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.

• Further to any other rights or remedies Holloway Group may have under this Contract, if a Client has made payment to Holloway Group, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Holloway Group under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
• Without prejudice to Holloway Group’s other remedies at law Holloway Group shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Holloway Group shall, whether or not due for payment, become immediately payable if:
  • any money payable to Holloway Group becomes overdue, or in Holloway Group’s opinion the Client will be unable to make a payment when it falls due;
  • the Client has exceeded any applicable credit limit provided by Holloway Group;
  • 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.

 

16. Cancellation
    • Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply or purchase of Products and/or Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
    • If Holloway Group, due to reasons beyond Holloway Group’s reasonable control, is unable to deliver any Products and/or Services to the Client, Holloway Group may cancel any Contract to which these terms and conditions apply or cancel Delivery of Products and/or Services at any time before the Products and/or Services are delivered by giving written notice to the Client. On giving such notice Holloway Group shall repay to the Client any money paid by the Client for the Products and/or Services. Holloway Group shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • The Client may cancel Delivery of the Products and/or Services by written notice served within forty-eight (48) hours of placement of the order. If the Client cancels Delivery in accordance with this clause 3, the Client will not be liable for the payment of any costs of Holloway Group, except where a deposit is payable in accordance with clause 5.2. Failure by the Client to otherwise accept Delivery of the Products and/or Services shall place the Client in breach of this Contract.
    • Cancellation of orders for Products made to the Client’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.

 

17. Privacy Policy
    • All emails, documents, images, or other recorded information held or used by Holloway Group is Personal Information, as defined and referred to in clause 4, and therefore considered Confidential Information. Holloway Group acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Holloway Group acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by Holloway Group that may result in serious harm to the Client, Holloway Group will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to Holloway Group in respect of Cookies where the Client utilises Holloway Group’s website to make enquiries. Holloway Group agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to Holloway Group when Holloway Group sends an email to the Client, so Holloway Group may collect and review that information (“collectively Personal Information”)

If the Client consents to Holloway Group’s use of Cookies on Holloway Group’s website and later wishes to withdraw that consent, the Client may manage and control Holloway Group’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

• The Client agrees for Holloway Group to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Holloway Group.
• The Client agrees that Holloway Group may exchange information about the Client with those credit providers and with related body corporates 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 including the Client’s repayment history in the preceding two (2) years.
• The Client consents to Holloway Group being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
• The Client agrees that personal credit information provided may be used and retained by Holloway Group for the following purposes (and for other agreed purposes or required by):
  • the provision of Products; and/or
  • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Products; and/or
  • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
  • enabling the collection of amounts outstanding in relation to the Products.
• Holloway Group may give information about the Client to a CRB for the following purposes:
  • to obtain a consumer credit report;
  • allow the CRB to create or maintain a credit information file about the Client including credit history.
• The information given to the CRB may include:
  • Personal Information as outlined in 4 above;
  • name of the credit provider and that Holloway Group is a current credit provider to the Client;
  • whether the credit provider is a licensee;
  • type of consumer credit;
  • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
  • advice of consumer credit defaults (provided Holloway Group is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Holloway Group has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
  • information that, in the opinion of Holloway Group, the Client has committed a serious credit infringement;
  • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
• The Client shall have the right to request (by e-mail) from Holloway Group:
  • a copy of the Personal Information about the Client retained by Holloway Group and the right to request that Holloway Group correct any incorrect Personal Information; and
  • that Holloway Group does not disclose any Personal Information about the Client for the purpose of direct marketing.
• Holloway Group will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
• The Client can make a privacy complaint by contacting Holloway Group via e-mail. Holloway Group will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to reach a decision on the complaint within thirty (30) days of receipt of the complaint. If the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.

 

18. Service of Notices
    • Any written notice given under this Contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this Contract;
      • by sending it by registered post to the address of the other party as stated in this Contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

19. Trusts
    • If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not Holloway Group may have notice of the Trust, the Client covenants with Holloway Group as follows:
      • the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust, the trustees and the trust fund;
      • the Client has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust, the trustees and the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
      • the Client will not during the term of the Contract without consent in writing of Holloway Group (Holloway Group will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
        • the removal, replacement or retirement of the Client as trustee of the Trust;
        • any alteration to or variation of the terms of the Trust;
        • any advancement or distribution of capital of the Trust; or
        • any resettlement of the trust fund or trust property.

 

20. General
    • Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and 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 New South Wales, and are subject to the jurisdiction of the courts in that state. These terms prevail over all terms and conditions of the Client (even if they form part of the Client’s purchase order).
    • Holloway Group may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client.
    • The Client cannot licence or assign without the written approval of Holloway Group.
    • Holloway Group may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Holloway Group’s sub-contractors without the authority of Holloway Group.
    • The Client agrees that Holloway Group may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Holloway Group to provide Products 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, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc., (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make a payment to Holloway Group, once the parties agree that the Force Majeure event has ceased.
    • Both parties warrant that they have the power to enter this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
    • The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and Delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
    • If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.
21. I certify that the above information is true and correct. I have read and understand the TERMS AND CONDITIONS OF TRADE (overleaf or attached) of A Plus Plastics & Tooling Pty Ltd T/A Holloway Group which form part of and are intended to be read in conjunction with this ++Name of form++ and agree to be bound by those conditions. I authorise the use of my personal information as detailed in the Privacy Act clause therein.