“ACL" means Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)
"Client" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally which person may also be referred to as the “buyer/s”.
"Credit Application" in relation to a Buyer means the Thirty Day Commercial Credit Account Application signed by the Buyer which refers to these Terms and Conditions.
“Goods" means all Goods or Services supplied by Savoy Living Pty Ltd to the Client at the Client's request from time to time including parts and accessories, services and equipment supplied, or to be supplied, to the Client by Savoy Living Pty Ltd (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
“GST" means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
"GST amount" means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
"GST Law" has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999, or, if that Act does not exist for any reason, means any Act as to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
“Payment" means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise 2 (other than a GST Amount) and includes the provision of any non- monetary consideration.
"person" includes an individual, the estate of an individual, a corporation, an association (incorporated or unincorporated) and a statutory body or authority.
"PMSI" means a Purchase Money Security Interest within the meaning of Section 14 of the PPSA
“Savoy " means Savoy Living Pty Ltd ABN 46 648 534 669, its successors and assigns or any person acting on behalf of and with the authority of Savoy Living Pty Ltd ABN 46 648 534 669 (hereinafter also referred to as “Savoy”) .
"PPSA" means the Personal Property Securities Act 2009 (Cth)
"Price" means the Price payable for the Goods as agreed between Savoy Living Pty Ltd and the Client in accordance with clause 5 below.
"Purchase Price" means the price for the Goods set out in the relevant Quotation or Sales Invoice.
"Quotation" means the form of quotation submitted by us to the Buyer in which these Terms and Conditions are or are deemed to be incorporated.
“Sales Invoice" means the sales invoice issued by us to the Buyer in which these Terms and Conditions are or are deemed to be incorporated.
"Tax Invoice" has the meaning given to that term by the GST Law and includes a Sales Invoice
"Taxable Supply" has the meaning given to that term by the GST Law.
2. Description, Acceptance & contract
2.1 The Client is taken to have expressly accepted and is immediately bound, if more than one, jointly and severally, by these terms and conditions if you use this website to place an order, OR additionally you place an order for or additionally you accept delivery of the Goods.
2.2 These terms and conditions may only be amended by Savoy in writing and published on this site and once published shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Savoy.
2.3 Unless previously revoked, a quotation is valid for 30 days or such other period as stated in it. A quotation is an invitation to treat and no contractual relationship will arise from it until the Buyer's order has been accepted in writing by Savoy.
2.4 Savoy will not be bound by any conditions attaching to the Buyer's order or acceptance of a Quotation unless such conditions are expressly accepted by Savoy in writing.
2.5 By ordering Goods, the Client is making a binding offer to purchase those Goods. Alternatively, delivery of Goods pursuant to the Buyers order will be deemed acceptance of the Client’s offer to purchase.
2.6 An accepted quotation is taken as an order for the purposes of this document
2.7 Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the Goods offered but may be subject to alteration without notice.
2.8 Any performance data provided by Savoy or a manufacturer is an estimate only and should be construed accordingly.
2.9 Unless agreed to the contrary in writing, Savoy reserves the right to supply an alternative brand or substitute product when necessary
3. Governing terms, conditions and Law
3.1 These are the only Terms and Conditions which are binding upon the parties, with the exception of those otherwise agreed in writing by Savoy or which are imposed by a statute and which cannot be excluded. These Terms and Conditions and any contract including them will be governed by and construed in accordance with the laws of the State of NSW and we and the Buyer submit to the non-exclusive jurisdiction of the courts of NSW.
3.2 The United Nations Convention for the International Sale of Goods does not apply to any contractual relationship between Savoy and the client.
3.3 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
4. Change in Control
4.1 Where goods are sold under a standing Credit Account arrangement with a client, the Client shall give Savoy not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client's details (including but not limited to, changes in the Client's name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Savoy as a result of the Client's failure to comply with this clause.
5. Price and Payment
5.1 At Savoy’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Savoy to the Client; or
(b) Savoy quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 Savoy reserves the right to change the Price if a variation to Savoy ’s quotation is requested. Any variation from the plan of scheduled Services or specifications (including, but not limited to, any variation as a result of additional Services required due to unforeseen circumstances such as stock availability, limitations to accessing the site, subfloor condition, prerequisite work by any third party not being completed or as a result of any increase to Savoy’s in the cost of materials and labour) will be charged for on the basis of Savoy’s quotation and will be shown as variations on the invoice.
5.3 At Savoy’s sole discretion a non-refundable deposit may be required.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Savoy, which may be:
(a) on completion of the Services;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with Savoy’s payment schedule;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by Savoy.
5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and Savoy.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Savoy an amount equal to any GST Savoy must pay for any supply by Savoy under this or any other agreement for the sale of the Goods. 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 Goods
6.1 Delivery ("Delivery") of the Goods is taken to occur at the time that Savoy (or Savoy’s nominated carrier) delivers the Goods to the Client's nominated address even if the Client is not present at the address.
6.2 At Savoy’s sole discretion the cost of delivery is included in the Price within the Sydney Metropolitan Area. Deliveries to any other area are at the client’s cost
6.3 The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Savoy shall be entitled to charge a reasonable fee for redelivery and/or storage.
6.4 Any time or date given by Savoy to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Savoy will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
7.1 Risk of damage to or loss of the Goods passes to the Client on Delivery to a carrier and the Client must insure the Goods on or before Delivery to a carrier.
7.2 If any of the Goods are damaged or destroyed following actual delivery to the Client but prior to ownership passing to the Client, Savoy is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Savoy is sufficient evidence of Savoy’s rights to receive the insurance proceeds without the need for any person dealing with Savoy to make further enquiries.
7.3 If the Client requests Savoy to leave Goods outside Savoy’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client's sole risk.
7.4 Savoy will not accept responsibility for any damage to the goods sold due to microenvironments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.
7.15 The Client acknowledges and accept that:
(a) whilst tile and ceramic manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and actual product supplied; and
(b) ceramic and tile manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed.
7.6 Timber where it forms part of the product sold is a hydroscopic material subject to expansion and contraction, therefore Savoy will accept no responsibility for gaps that may appear in the timber products supplied during prolonged dry periods.
7.7 The Client acknowledges that Goods supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and 6
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
8. Client's Responsibilities
8.1 It is the Client's responsibility to:
(a) have all areas clean and clear to enable scheduled deliveries
(b) make the premises available for delivery on the agreed date and range of times. If delivery is interrupted by the failure of the Client to adhere to the agreed schedule agreed to between Savoy and the Client, any additional costs will be invoiced to the Client as an extra.
(c) To store the goods sold and delivered by Savoy in a secure and safe environment until property passes under this agreement in those goods to the client
9. Accuracy of Client's Plans and Measurements
9.1 Savoy 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, Savoy accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
10.1 The Client shall ensure that Savoy has clear and free access to the delivery site at all times to enable them to undertake the delivery. Savoy shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Savoy.
11. Compliance with Laws
11.1 The Client agrees and warrants that the delivery site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation and covenants with Savoy to indemnify Savoy in respect of any fines levied or damages claimed in respect of or arising directly or indirectly from a breach of this warranty..
12.1 Savoy and the Client agree that ownership of the Goods shall not pass to the client until:
(a) the Client has paid Savoy all amounts owing to Savoy ; and
(b) the Client has met all of its other obligations to Savoy .
12.2 Receipt by Savoy 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 recognized as a cleared deposit by Savoy’s Bank.
12.3 It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 12.1 that the Client is only a bailee of the Goods and must return the Goods to Savoy on request.
(b) the Client holds the benefit of the Client's insurance of the Goods on trust for Savoy and must pay to Savoy the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Savoy and must pay or deliver the proceeds to Savoy on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Savoy and must sell, dispose of or return the resulting product to Savoy as it so directs.
(e) the Client irrevocably authorises Savoy to enter any premises where Savoy d believes the Goods are kept and recover possession of the Goods.
(f) Savoy may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Savoy.
(h) Savoy may commence proceedings to recover the Price of the Goods sold to the Client notwithstanding that ownership of the Goods has not passed to the Client.
13. Personal Property Securities Act 2009 ("PPSA")
13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
13.2 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 Goods and/or collateral (account) — being a monetary obligation of the Client to Savoy for any ancillary Services — that have previously been supplied and that will be supplied in the future by Savoy to the Client.
13.3 The Client undertakes to:
(a) 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 Savoy may reasonably require to; 8
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii);
(b) indemnify, and upon demand reimburse, Savoy 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 Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Savoy;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Savoy;
(e) immediately advise Savoy of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
13.4 Savoy 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.
13.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
13.7 Unless otherwise agreed to in writing by Savoy , the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
13.8 The Client must unconditionally ratify any actions taken by Savoy under clauses 13.3 to 13.5.
13.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
14. Security and Charge
14.1 In consideration of Savoy agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The Client indemnifies Savoy from and against all Savoy’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Savoy’s rights under this clause. 9
14.3 The Client irrevocably appoints Savoy and each director of Savoy as the Client's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client's behalf.
15. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
15.1 The Client must inspect the Goods on delivery and must within thirty (30) days of delivery notify Savoy 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 Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Savoy to inspect the Goods. The Client will inspect all Goods upon delivery and will within 48 hours of delivery give written notice to Savoy of any matter or thing by which the client alleges that the Goods are not in accordance with the client's order. Failing such notice, subject to any contrary provision applying under the ACL or other law, the Goods will be deemed to have been delivered to and accepted by the Client.
15.2 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).
15.3 Savoy acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
15.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Savoy makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Savoy’s liability in respect of these warranties is limited to the fullest extent permitted by law.
15.5 If the Client is a consumer within the meaning of the CCA, Savoy’s liability is limited to the extent permitted by section 64A of Schedule 2.
15.6 If Savoy is required to replace the Goods under this clause or the CCA, but is unable to do so, Savoy may refund any money the Client has paid for the Goods. Savoy will not be liable for any consequential losses.
15.7 If the Client is not a consumer within the meaning of the CCA, Savoy’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by Savoy at Savoy’s sole discretion;
(b) limited to any warranty to which Savoy is entitled, if Savoy did not manufacture the Goods;
(c) otherwise negated absolutely.
10 15.8 Subject to this clause 15, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 15.1; and
(b) Savoy has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client's cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
15.9 Notwithstanding clauses 15.1 to 15.8 but subject to the CCA, Savoy shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by Savoy or the manufacturer; (e) fair wear and tear, any accident, or act of God.
15.10 Returns liable to rejection
Without in any way limiting our discretion to refuse to accept the return of any Goods, then subject to any contrary provision applying under the ACL or other law the following Goods will not be returnable:
15.10.1 any Goods that have been held by the Buyer for more than seven (7) days; or
15.10.2 any Goods which are not in original condition including packaging; or
15.10.3 any Goods that are manufactured as made to order ("mto") items unless defective. Any manufacturing surcharge is non refundable.
15.11.1 A Goods Return Credit ("GRC") authority number must be obtained from Savoy prior to the return of any Goods;
15.11.2 The Client must provide the invoice number and the date of purchase before a GRC will be issued;
15.11.3 The GRC authority number must be clearly marked on the packaging of Goods returned to us.
15.11.4 Failure to comply with this clause may at Savoy’s sole discretion result in Savoy refusing to accept delivery of the returned Goods.
15.12.1 Notwithstanding anything contained in this clause if Savoy is required by a law to accept a return then Savoy will only accept a return on the conditions imposed by that law.
16. Intellectual Property
16.1 Where Savoy has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of Savoy.
16.2 The Client warrants that all designs, specifications or instructions given to Savoy will not cause Savoy to infringe any patent, registered design or trademark in the 11 execution of the Client's order and the Client agrees to indemnify Savoy against any action taken by a third party against Savoy in respect of any such infringement.
16.3 The Client agrees that Savoy may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Savoy has created for the Client.
17. Default and Consequences of Default
17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate_of one and a quarter percent (1.25% per calendar month (and at Savoy’s sole discretion such interest shall compound monthly at such a rate) after as well as on any judgment.
17.2 If the Client owes Savoy any money the Client shall indemnify Savoy from and against all costs and disbursements incurred by Savoy in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Savoy’s contract default fee, and bank dishonour fees).
17.3 Further to any other rights or remedies Savoy may have under this contract, if a Client has made payment to Savoy , 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 Savoy under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client's obligations under this agreement.
17.4 Without prejudice to any other remedies Savoy may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Savoy may suspend or terminate the supply of Goods to the Client. Savoy will not be liable to the Client for any loss or damage the Client suffers because Savoy has exercised its rights under this clause.
17.5 Without prejudice to Savoy’s other remedies at law Savoy shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Savoy shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Savoy becomes overdue, or in Savoy’s opinion the Client will be unable to make a payment when it falls due;
(b) 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
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
18.1 Savoy may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Savoy shall repay to the Client any money paid by the Client for the Goods. Savoy shall not be liable for any loss or damage whatsoever arising from such cancellation. 12
18.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Savoy as a direct result of the cancellation (including, but not limited to, any loss of profits).
18.3 Cancellation of orders for Goods made to the Client's specifications, or for nonstocklist items, will NOT be accepted once production has commenced, or an order has been placed.
19. Privacy Act 1988
19.1 The Client agrees for Savoy to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Savoy’s
19.2 The Client agrees that Savoy may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) 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
(d) to assess the creditworthiness of the Client including the Client's repayment history in the preceding two years.
19.3 The Client consents to Savoy being given a consumer credit report to collect overdue payment on commercial credit.
19.4 The Client agrees that personal credit information provided may be used and retained by Savoy for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Client's credit, payment and/or status in relation to the provision of Goods; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
19.5 Savoy may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
19.6 The information given to the CRB may include:
(a) personal information as outlined in 19.1 above;
(b) name of the credit provider and that Savoy is a current credit provider to the Client; 13
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) 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);
(f) advice of consumer credit defaults, 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 Savoy has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of Savoy, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client's overdue payment is equal to or more than one hundred and fifty dollars ($150).
19.7 The Client shall have the right to request (by e-mail) from Savoy:
(a) a copy of the information about the Client retained by Savoy and the right to request that Savoy correct any incorrect information; and
(b) that Savoy does not disclose any personal information about the Client for the purpose of direct marketing.
19.8 Savoy will destroy personal information upon the Client's request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
19.9 The Client can make a privacy complaint by contacting Savoy via e-mail. Savoy will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
20. Dispute Resolution
20.1 If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration. 14
21.1 The failure by Savoy to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Savoy’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which Savoy has its principal place of business, and are subject to the jurisdiction of the courts in New South Wales.
21.3 Subject to clause 15, Savoy shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Savoy of these terms and conditions (alternatively Savoy’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
21.4 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 Savoy nor to withhold payment of any invoice because part of that invoice is in dispute.
21.5 Savoy may license or sub-contract all or any part of its rights and obligations without the Client's consent.
21.6 The Client agrees that Savoy may amend these terms and conditions at any time. If Savoy makes a change to these terms and conditions, then that change will take effect from the date on which Savoy publishes the updated terms on this site which will be deemed direct written notification to the Client of such change. Without derogating from other provisions of these Terms, the Client will in addition be taken to have expressly and/or impliedly accepted such changes if the Client makes a further request for Savoy to provide Goods to the Client.
21.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
21.8 You understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
21.9 Savoy makes no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither Savoy nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. 15
21.10 We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
22 Electronic Transactions Act 2000
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