Terms and Conditions

TERMS AND CONDITIONS FOR HIRING PRODUCTS AND ACQUIRING OUR SERVICES
Last Updated: [17 May 2022]

In these terms, we also refer to Extreme Transport Solutions Pty Ltd ACN 122 338 210 as “our”, “we, or “us”.
And you are you!

What are these terms about?
These terms apply when you use this Website, being https://ewsnsw.com.au/ (“Website”).
These terms apply when you hire our skip bins (and any accessories) through this Website (“Products”) and when we deliver or collect any Products to or from you (“Services”).
Capitalised words and phrases used in these terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s), or in the definitions in clause 17 of these terms.
Please let us know if you have any questions about these terms, and don’t hire any Products unless you have read and agree to these terms.

Once we receive the ‘Book a Skip Today’ Contact Form from you, these terms will apply to your hire of those Products and the Services. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or hire Products. You can check the date at the top of this page to see when we last updated these terms.

1. OUR PROCESS – MAKING AN ENQUIRY

  • (a) To hire a Product from us, you can:
    • (i) submit an order using the ‘Book a Skip Today’ Contact Form (Contact Form) on our Website to check whether or not we have availability of the Product you want for your requested hire period; or
    • (ii) contact us (1800 60 61 61) to make an order with our allocations team, which you will be required to confirm by paying the invoice we issue to you in accordance with clause 1(b).
  • (b) Once we have confirmed that we have Products available during your requested date(s) we will then confirm with you (if applicable, using the contact details you have provided in the Contact Form), at which point we will send you an invoice, and you will be asked to confirm your order and pay that invoice before we perform the Services.

2. SUBMITTING AN ORDER

  • (a) By making an enquiry, completing a Contact Form or otherwise submitting an order for hire of a Product using our Website’s functionality (Order) you represent and warrant that:
    • (i) you intend to place a binding order to hire the Products;
    • (ii) you acknowledge and agree that these terms apply to your Order;
    • (iii) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    • (iv) you are authorised to use the debit or credit card you provide under or in connection with your Order.
  • (b) Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the fees as set out in our invoice to you.

3. HIRE PERIOD

  • (a) Our Products are to be hired by you for a period of up to 7 days, commencing on the date you receive the Products (Original Hire Period), unless otherwise extended in accordance with clause 3(b) (Hire Period). This Hire Period is intended to cover the Delivery Date, use period and the Collection Date.
  • (b) If you want to extend the Original Hire Period (Extension), you may do so by contacting our office on 1800 60 61 61 and confirming the details with our allocation team, or completing another Contact Form. All Extensions are subject to availability and you will be provided with an additional quote for any Extension Fee (as set out in clause 8.5), which must be paid by you for an Extension to be valid.
  • (c) If you don’t return the Product to us before the end of the Hire Period, you must pay us the Late Charge in accordance with clause 8.7.

4. YOUR OBLIGATIONS

  • (a) (Suitability of site) When we reach out to you under clause 1(b), we will ask you to describe location on the site or address at which we are required to perform the Services (Job Site). You must ensure that, at all times we are required to perform the Services, the Job Site is suitable (including, without limitation, that the area we are required to access is sufficiently wide and not too steep), safe to access and unobstructed, (including overhead powerlines). If we believe that the location on your Job Site that you have nominated is not suitable, we may suggest alternative locations on or around your Job Site. However, you acknowledge and agree that we will not be responsible for any damage to any areas on or around the Job Site.
  • (b) (Permits) You acknowledge and agree that you are responsible for acquiring any permits, licences, approvals or consents from any governmental authority, body corporate or third party required to deliver, place, maintain, store and collect any Products to, from, in or around the Job Site.
  • (c) (Fines) You acknowledge and agree that you will be responsible for any infringement notices and fines and any additional charges incurred in relation to the Products during the Hire Period, or otherwise when the Products are in your possession.
  • (d) (Meeting on Job Site) If you elect to pay the Fees using cash under clause 8.1(c)(ii), you must ensure that you are available for delivery of the Products at the Delivery Time. We will require you to make payment for delivery. It is your responsibility to make sure you are available for delivery. If you fail to be available within [15 minutes] of the Delivery Time, we reserve the right to refuse delivery of the Products to you and charge you the Call Out Surcharge in accordance with clause 8.6 for the purposes of re-attempting delivery of your Products.

5. USE OF AND DAMAGE TO PRODUCTS

  • (a) In this clause, any reference to Products includes any accessories provided with the Products.
  • (b) The proper use of the Products is your responsibility. You must ensure you use the Products in accordance with any manuals, directions, documents or other instructions that are provided with the Products, including any links to manufacturer’s websites and terms of use.
  • (c) (Types of waste) You must ensure, at all times during the Hire Period that:
    • (i) you only place and store General and Construction Waste in the Products;
    • (ii) you do not place or store any Contaminated Waste or Additional Waste in the Products.
      If, upon collection of the Products, we discover that the Products contain any Additional Waste or Contaminated Waste, we reserve the right to:
    • (iii) in the case of any Additional Waste, charge you the Additional Waste Surcharge in accordance with clause 8.3; and
    • (iv) in the case of Contaminated Waste, charge you the Contaminated Waste Surcharge in accordance with clause 8.4 and:
      A. dispose of, or return the Contaminated Waste to you or the Job Site; or
      B. return the Product with the Contaminated Waste to your Job Site, and charge you the Late Charge in accordance with clause 8.7 for a period until the Contaminated Waste is removed from the Product, and we are able to re-attempt collection of the emptied Product.
  • (d) (Size and weight of waste) You must ensure, at all times during the Hire Period that:
    • (i) you do not fill the Product such that any of the contents of the Product extend above, or protrude higher than, the upper rim of the Product;
    • (ii) the weight of the Product does not exceed the Maximum Product Weight for that Product(itemised on EWS website).
      If, upon collection of the Product, we discover that you have not complied with clauses 5 (d)(i) and (ii), we reserve the right to:
    • (iii) refuse collection of the Product on the Collection Date, and charge you the Late Charge in accordance with clause 8.7 for a period until you have complied with clauses 5(d)(i) and (ii), and we are able to re-attempt collection of the Product; and
    • (iv) charge you the Excess Weight Charge in accordance with clause 8.2.
  • (e) You must not:
    • (i) use the Products for any dangerous or illegal purpose;
    • (ii) make any alterations to the Products, including by unauthorised repair; or
    • (iii) use a Product when it is damaged or unsafe.
  • (f) You will be fully liable to us for any loss or damage to the Products during the Hire Period, or otherwise when the Products are in your possession. You must let us know in writing of any such loss or damage as soon as possible.
  • (g) If the Products are returned damaged (other than fair wear and tear) we will charge you the amount necessary to fix the Products. You also acknowledge that Products are rented out in a clean condition. You must return the Products in the same state of cleanliness they were in when provided to you.

6. PRODUCTS

  • (a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
  • (b) The Products are, and will at all times be and remain, our property. You will not have or accrue any right, title or interest in or the Products under these terms.

7. RISK, LOSS AND DAMAGE

7.1 PRODUCTS

  • (a) Risk in the Products will pass to you on delivery in accordance with clause 8 and remain with you until the Products are returned to us.
  • (b) You will be fully liable to us for:
    • (i) any loss or damage to the Products or any part of the Products (whether due to accident, theft or otherwise) during the Hire Period, or otherwise when a Product is in your possession, and must give reasonable notice to us in writing of any such loss or damage; and
    • (ii) all damage to the property of any person which is caused or contributed to by the Products during the Hire Period, or otherwise when the Product is in your possession.
  • (c) You are responsible for taking all appropriate precautions to protect the Products from damage or destruction until you return them to us.
  • (d) You must not, without our prior written consent, part with possession of the Products during the Hire Period.
  • (e) You must not allow any third person to use the Products without our prior written consent.
  • (f) You must not allow children or pets to access the Products.

7.2 CONTENTS OF PRODUCTS
You acknowledge and agree that, upon collection of the Products from the Job Site:

  • (a) title in the contents of any Products (Contents) will pass to us; and
  • (b) once we have possession of the Contents, we have the right to deal with those Contents in whatever way as we see fit, including (without limitation) recycling, refurbishing, reusing, remarketing, reselling, disposing of or sending to landfill those Contents, or returning to the Job Site those Contents (including, without limitation, by reason of the Contents containing Contaminated Waste).

8. FEES AND PAYMENT

8.1 GENERAL

  • (a) You must pay the fees (including any of the additional charges set out this clause 8) to us in the amounts and at the times set out in our invoice to you, or as otherwise agreed in writing (Fees).
  • (b) Unless otherwise agreed we will issue you an invoice for payment of the Fees after we confirm your Order.
  • (c) If you elect to make payment using:
    • (i) a credit, debit or charge card, payment must be made by the time(s) and in the manner specified in such an invoice; or
    • (ii) cash, payment must be made at the time of delivery of the Product in accordance with clause 4(d).
  • (d) If applicable or required, you authorise us (subject to obtaining the relevant authorisations from you) to charge the credit card details provided in any Contact Form for any Fees.
  • (e) Prices are for the Hire Period, are in Australian Dollars and subject to change prior to you completing an Order without notice.
  • (f) Unless otherwise indicated, amounts stated on the Website and any invoice are inclusive of GST.
  • (g) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  • (h) In the event that we discover an error or inaccuracy in the price at which your order was made, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to you (in the manner you choose).
  • (i) Immediately on request by us, you will need to pay:
    • (i) the replacement cost of any Product which is for whatever reason not returned to us;
    • (ii) the full cost of repairing any damage to the Products caused or contributed to by you;
    • (iii) all costs incurred by us in delivering and recovering possession of the Products where you fail to return them to us; and
    • (iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by us in enforcing these terms due to your default.

8.2 ADDITIONAL CHARGE – EXCESS WEIGHT CHARGE
If, upon collection of a Product, we discover that the weight of that Product exceeds the Maximum Product Weight for that Product, we will provide you an additional quote for, and you must pay, any Excess Weight Charges.

8.3 ADDITIONAL CHARGE – ADDITIONAL WASTE SURCHARGE
If, upon collection of a Product, we discover that the contents of the Product include any Additional Waste, we will provide you an additional quote for, and you must pay, the Additional Waste Surcharge.

8.4 ADDITIONAL CHARGE – CONTAMINATED WASTE SURCHARGE
If, upon collection of a Product, we discover that the contents of the Product include any Contaminated Waste, we will provide you an additional quote for, and you must pay, the Contaminated Waste Surcharge.

8.5 ADDITIONAL CHARGE – EXTENSION FEE
If you request an Extension in accordance with clause 3(b), we will provide you an additional quote for, and you must pay, the Extension Fee for each 24-hour period after the end of the Original Hire Period.

8.6 ADDITIONAL CHARGE – CALL OUT SURCHARGE
If you fail to make yourself available at the Job Site for payment of the Fees in accordance with clause 4(d), we will provide you an additional quote for, and you must pay the Call Out Surcharge.

8.7 ADDITIONAL CHARGE – LATE CHARGE
If you do not return the Product to us before the end of the Hire Period, we will provide you an additional quote for, and you must pay, the Late Charge for each 24-hour period after the end of the Hire Period during which the Product has not been returned to us.

9. DELIVERY AND COLLECTION

  • (a) The location and timing for delivery and collection will be discussed with you prior to delivery and collection. We will agree on a location and date with you for delivery of the Product (Delivery Time) and collection of the Product (Collection Time).
  • (b) We will use our best endeavours to have the Products delivered or collected on time however we are not responsible for any loss or damage suffered by us in connection with:
    • (i) late or non-delivery or late collection. All timeframes for delivery and collection provided are estimates only; and
    • (ii) us leaving the Products at the Job Site.
  • (c) You must ensure that you are available for delivery of the Products on the Delivery Date when paying cash. We will require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery. Any delay in delivery or accepting the Product due to your acts or omissions will not delay the start of your Hire Period, and you will be liable for any costs incurred in the re-attempted delivery of your Products (if necessary). You are responsible for ensuring you provide us with the correct address details.

10. CHANGES TO YOUR ORDER

10.1 CANCELLATION BY US
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been made, the full amount will be credited back to you.

10.2 CANCELLATION BY YOU

  • (a) You may cancel your Order immediately by written notice to us via email.
  • (b) If the notice under clause 10.2(a) is:
    • (i) 24 hours or more prior to the Delivery Date, we will provide you with a full refund of any Fees paid;
    • (ii) less than 24 hours prior to the Delivery Date, we will:
      • A. offer you the opportunity to reschedule the Delivery Date in accordance with clause 9(a); or
      • B. if you do not reschedule the Delivery Date under clause 10.2(b)(ii)A, provide you with a refund in the amount of 80% of any Fees paid (and retain 20% of the Fees paid as a cancellation fee for any costs we incur and opportunities we lose for other business); or
    • (iii) after the Delivery Date, the Customer will not be entitled to any refund, unless the Product is not of an acceptable quality in accordance with the ACL.

11. FAULTY PRODUCTS

  • (a) If a Product is faulty or becomes unsafe to use during the Hire Period (Damage), you must immediately:
    • (i) notify us;
    • (ii) stop using the Product;
    • (iii) take all steps necessary to prevent injuries from occurring to any person or property as a result of the condition of the Product;
    • (iv) take all steps necessary to prevent the Product from sustaining any further damage;
    • (v) not repair or attempt to repair the Product without our written consent; and
    • (vi) comply with our directions in relation to the return of the Product.
  • (b) Subject to subclause (c) below, if, upon inspection of the Product, we determine that a Damage was:
    • (i) caused by a fault in the Product not caused or contributed to by you (Product Fault) then we will provide you with a pro-rata refund of any Fees paid for the period of the Hire Period during which the Damage persisted; or
    • (ii) not caused by a Product Fault, then you will still be required to pay Fees in accordance with your Order, as well as any cost required for a licenced professional to inspect and repair the Product.
  • (c) If the Damage is not a Product Fault, and repair is not possible or economically feasible in the opinion of the relevant licensed professional who inspects the Product, you will be liable for replacement costs of the Product subject to the Damage in accordance with these terms.
  • (d) This clause does not limit any of your rights under the Competition and Consumer Act 2010 (Cth) or any rights or remedies we may have access to in relation to the Damage, under these terms or otherwise.

12. INCIDENTS AND INSURANCE

12.1 INSURANCE

  • (a) You acknowledge that we may, in our discretion, hold insurances in relation to the Product but such insurances may not cover you or your use of the Product and we will have no obligation or requirement to insure your use of the Product under these terms. You are strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from your use of the Product.
  • (b) If we notify you that we hold insurance in relation to the Product, you must not do or permit anything to be done which may make our insurance invalid or able to be cancelled or do anything which may increase our insurance premiums.
  • (c) We reserve the right to apply any insurance policy we hold in respect of the Product during the Hire Period, to damage or loss caused or contributed to by you, however we are under no obligation to. If we choose to make a claim under an applicable insurance policy in accordance with this clause in respect of any damage or loss during the Hire Period, you will be required to pay any excess payable by us in respect of such a claim.

12.2 INCIDENTS, LOSS AND DAMAGE

  • (a) Subject to any insurance policy held by us that covers you, and us confirming in writing that we will claim against such insurance to cover you, if the Product is lost, damaged, destroyed or stolen during the Hire Period, or otherwise while the Product is in your possession, you must compensate us for any costs of repair or replacement.
  • (b) If the Product is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Product during the Hire Period, or otherwise when the Product is in your possession (Incident), you:
    • (i) must promptly report the Incident to the local police (if required by applicable law, but in any event, theft);
    • (ii) must report the Incident to us in writing within one business day;
    • (iii) must, if such damage, destruction or theft is covered by and compensated to us under an insurance policy, pay the relevant excess amount to us, as well as any other reasonable costs that we incur in relation to such damage, destruction or theft;
    • (iv) must not, without our prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the Incident, except as required by applicable law;
    • (v) must, if requested, permit us or our insurer to bring, defend, enforce or settle any legal proceedings in your name in relation to the Incident; and
    • (vi) must, if requested, provide to us, within a reasonable time, any statement, information or assistance which we or our insurer requests, including by attending a lawyer’s office or a court to give evidence.

13. LIABILITY

  • (a) To the maximum extent permitted by law, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with these terms:
    • (i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
    • (ii) is limited, insofar as it concerns other liability, to the total money paid to us under these terms as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
  • (b) You acknowledge that in deciding to hire the Products and/or acquire the Services and in agreeing to these terms you have not relied on our skill or judgment and that you have satisfied yourself as to the condition and suitability and fitness for your purpose of the Products and/or the Services.
  • (c) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these terms are excluded.
  • (d) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
  • (e) You indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
    • (i) the casual maintenance, use or storage of the Products during the Hire Period or otherwise when the Product is in your possession;
    • (ii) injuries to or deaths of persons and damage to property in connection with the Products during the Hire Period or otherwise when the Product is in your possession;
    • (iii) any breach of these terms by you; or
    • (iv) any negligent, fraudulent or criminal act or omission by you.

14. GENERAL

  • (a) These terms are governed by the law applying in New South Wales, Australia.
  • (b) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  • (c) Any notice given under these terms must be in writing and addressed to us at the details set out in the Contact Form or otherwise provided to you when you hire a Product or contact us. A notice may be sent by standard post or email and will be regarded as given and received 48 hours after it is delivered (in the case of post), or 24 hours after the email was sent.
  • (d) Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
  • (e) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  • (f) Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
  • (g) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these terms.
  • (h) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior consent of each other party.
  • (i) We may subcontract our obligations under these terms without obtaining your prior approval.
  • (j) These terms, and any accepted Order or Contact Form under these terms, embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. To the extent of any inconsistency between these terms and the terms of an accepted order, these terms prevail.

15. DEFINITIONS AND INTERPRETATION

15.1 DEFINITIONS
In these terms, the following words and phrases have the following meaning:

  • (a) Additional Waste means car truck and trailer tyres, bed mattresses, carpet, underlay, synthetic grass and AstroTurf, and any other waste as notified by us to you, or updated on our Website, from time to time.
  • (b) Additional Waste Surcharge means:
    • (i) $[60] per item for any car, truck or trailer tyres;
    • (ii) $[120] per item for any bed mattresses; and
    • (iii) $[100] per area of 3.6m by 3m of any carpet, underlay, synthetic grass and AstroTurf,
      or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (c) Call Out Surcharge means $[200 + GST], or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (d) Contaminated Waste means asbestos (including corrugated roofing), fibro (including fibro cement sheeting), insulation bats (old and new), fibre glass (any kind), mechanical oil and liquids, food, liquids and packaging, baby nappies, chemicals, tins or cans of paint, fire extinguishers, gas bottles, e-waste, batteries and tree stumps, and any other waste as notified by us to you, or updated on our Website, from time to time.
  • (e) Contaminated Waste Charge means:
    • (i) for any fibro or asbestos, a minimum of $[3000] per item; and
    • (ii) for any other Contaminated Waste, a minimum of $[3000] per item,
      or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (f) Excess Weight Charge means a minimum $[325] per tonne, or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (g) Extension Charge means:
    • (i) for a 2m² to 10m² ‘Marrel’ (as described on our Website), $[25] per day;
    • (ii) for a 10m² to 30m² ‘Hook’ as described on our Website), $[35] per day,
      or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (h) General and Construction Waste means metal, soil and sand, terracotta, rocks and stones, green waste, bricks, dry concrete, gyprock, plasterboard, tiles, timber, rubble, glass, furniture and plastics, and any other waste as notified by us to you, or updated on our Website, from time to time.
  • (i) Late Charge means $[25 for 2m³ to 10m³ Marrel Bins and $35 for 10m³ Hook and up] per day, or as otherwise notified by us to you, or updated on our Website, from time to time.
  • (j) Maximum Product Weight means, for a Product, the ‘Capacity’ specified under ‘Additional Information’ for that Product on our Website.

15.2 INTERPRETATION

  • (a) (singular and plural) words in the singular includes the plural (and vice versa);
  • (b) (currency) a reference to $; or “dollar” is to Australian currency;
  • (c) (gender) words indicating a gender includes the corresponding words of any other gender;
  • (d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  • (h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
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