Terms of Trade

  1. 1. Definitions

1.1       “Gigpiglet” means Gigpiglet Productions Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Gigpiglet Productions Pty Ltd.

1.2       “Client” means the person/s requesting Gigpiglet to provide the Services/Equipment as specified in any invoice, document or order, and if there more than one person requesting the Services/Equipment is a reference to each person jointly and severally.

1.3       “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by Gigpiglet in the course of it conducting, or supplying to the Client, any Services.

1.4       “Equipment” means all Equipment including any accessories supplied on a Wet Hire basis by Gigpiglet to the Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Gigpiglet to the Client.

1.5       “Wet Hire” means that the Equipment is hired with the provision of Labour, who shall at all times remain an employee of Gigpiglet.

1.6       “Labour” means an individual sent by Gigpiglet to the Client on a contract basis.

1.7       “Services” means all Services supplied by Gigpiglet to the Client at the Client’s request from time to time.

1.8       “Price” means the price payable for the Services and/or Equipment hire as agreed between Gigpiglet and the Client in accordance with clause 5 of this contract.

 

  1. 2. Acceptance

2.1       The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts Services/Equipment provided by Gigpiglet.

2.2       These terms and conditions may only be amended with Gigpiglet’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Gigpiglet.

 

  1. 3. Electronic Transactions Act 2000

3.1       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.

 

  1. 4. Change in Control

4.1       The Client shall give Gigpiglet 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 Gigpiglet as a result of the Client’s failure to comply with this clause.

  1. 5. Price and Payment

5.1       At Gigpiglet’s sole discretion the Price shall be either:

(a)  as indicated on any invoice provided by Gigpiglet to the Client; or

(b)  Gigpiglet’s 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       Gigpiglet reserves the right to change the Price:

(a)  if a variation to the Incidental Items/ Equipment which are to be supplied is requested; or

(b)  if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c)  where additional Services are required due to the discovery of hidden or unidentifiable difficulties including but not limited to, delays caused by the Client, limitations to accessing the site, poor weather conditions, obscured building defects, safety considerations, prerequisite work by any third party not being completed, which are only discovered on commencement of the Services; or

(d)  in the event of increases to Gigpiglet in the cost of labour or materials which are beyond Gigpiglet’ control.

5.3       At Gigpiglet’s sole discretion a deposit may be required.

5.4       Time for payment for the Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Gigpiglet, which may be:

(a)  on delivery of the Services/Equipment;

(b)  by way of instalments/progress payments in accordance with Gigpiglet’s payment schedule;

(c)  fourteen (14) days following the date of the invoice which is posted to the Client’s address or address for notices;

(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 seven (7) days following the date of any invoice given to the Client by Gigpiglet.

5.5       Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card or by any other method as agreed to between the Client and Gigpiglet.

5.6       Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Gigpiglet an amount equal to any GST Gigpiglet must pay for any supply by Gigpiglet under this or any other agreement for providing Gigpiglet’s Services/Equipment. 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.

 

  1. 6. Delivery of Services/Equipment

6.1       Subject to clause 6.2 it is Gigpiglet’s responsibility to ensure that the Services start as soon as it is reasonably possible.

6.2       The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Gigpiglet claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Gigpiglet’s control, including but not limited to any failure by the Client to:

(a)  make a selection; or

(b)  have the site ready for the Services; or

(c)  notify Gigpiglet that the site is ready.

6.3       At Gigpiglet’s sole discretion delivery of the Services/Equipment shall take place when:

(a)  the Services/Equipment are supplied to the Client at Gigpiglet’s address; or

(b)  the Services/Equipment are supplied to the Client at the Client’s nominated address.

6.4       At Gigpiglet’s sole discretion the cost of delivery is included in the Price.

6.5       The Client must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Goods/Equipment as arranged then Gigpiglet shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.

6.6       Delivery of the Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

6.7       Any time specified by Gigpiglet for delivery of the Services/Equipment is an estimate only and Gigpiglet will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Services/Equipment to be supplied at the time and place as was arranged between both parties. In the event that Gigpiglet is unable to supply the Services/Equipment as agreed solely due to any action or inaction of the Client then Gigpiglet shall be entitled to charge a reasonable fee for re-supplying the Services/Equipment at a later time and date.

 

  1. 7. Risk

7.1       Irrespective of whether Gigpiglet retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as Gigpiglet may repossess the Incidental Items in accordance with clause 10. The Client must insure all Incidental Items on or before delivery.

7.2       The Client shall be liable for the cost of any damaged equipment if that equipment is damaged at an event organised by Gigpiglet for the Client.  Gigpiglet reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Equipment as a result of the Client’s failure to insure in accordance with clause 7.1.

7.3       The Labour supplied with the Equipment, whilst remaining an employee of Gigpiglet shall operate the Equipment in accordance with the Client’s instructions. As such Gigpiglet shall not be liable for any actions of the Labour in following the Client’s instructions.

7.4       The Client warrants that any structures to which the Incidental Items/Equipment are to be affixed are able to withstand the installation of the Incidental Items/Equipment and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Incidental Items/Equipment once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that Gigpiglet, its employees or Gigpiglet’ reasonably form the opinion that the Client’s premises is not safe for the installation of Incidental Items/Equipment to proceed then Gigpiglet shall be entitled to delay installation of the Incidental Items/Equipment (in accordance with the provisions of clause 6.2 above) until Gigpiglet is satisfied that it is safe for the installation to proceed.

 

  1. 8. Access

8.1       The Client shall ensure that Gigpiglet has clear and free access to the site at all times to enable them to undertake the Services. Gigpiglet 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 Gigpiglet.

 

  1. 9. Compliance with Laws

9.1       The Client and Gigpiglet shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.

9.2       The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Services.

9.3       The Client agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.

 

  1. 10. Title to Incidental Items

10.1    Gigpiglet and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until:

(a)  the Client has paid Gigpiglet all amounts owing for the Services/Equipment; and

(b)  the Client has met all other obligations due by the Client to Gigpiglet in respect of all contracts between Gigpiglet and the Client.

10.2    Receipt by Gigpiglet of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Gigpiglet’s ownership or rights in respect of the Incidental Items shall continue.

10.3    It is further agreed that:

(a)  the Client is only a bailee of the Incidental Items and must return the Incidental Items to Gigpiglet immediately upon request by Gigpiglet;

(b)  the Client holds the benefit of the Client’s insurance of the Incidental Items on trust for Gigpiglet and must pay to Gigpiglet the proceeds of any insurance in the event of the Incidental Items being lost, damaged or destroyed;

(c)  the Client must not sell, dispose, or otherwise part with possession of the Incidental Items. If the Client sells, disposes or parts with possession of the Incidental Items then the Client must hold the proceeds of sale of the Incidental Items on trust for Gigpiglet and must pay or deliver the proceeds to Gigpiglet on demand.

(d)  the Client should not convert or process the Incidental Items 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 Gigpiglet and must dispose of or return the resulting product to Gigpiglet as Gigpiglet so directs.

(e)  the Client shall not charge or grant an encumbrance over the Incidental Items nor grant nor otherwise give away any interest in the Incidental Items while they remain the property of Gigpiglet;

(f)   the Client irrevocably authorises Gigpiglet to enter any premises where Gigpiglet believes the Incidental Items are kept and recover possession of the Incidental Items.

 

  1. 11. Client’s Disclaimer

11.1    The Client hereby disclaims any right to rescind, or cancel the contract with Gigpiglet or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Gigpiglet and the Client acknowledges that the Services are bought relying solely upon the Client’s skill and judgment.

 

  1. 12. Personal Property Securities Act 2009 (“PPSA”)

12.1    In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

12.2    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 Incidental Items/Equipment that has previously been supplied and that will be supplied in the future by Gigpiglet to the Client.

12.3    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 Gigpiglet may reasonably require to;

(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 12.3(a)(i) or 12.3(a)(ii);

(b)  indemnify, and upon demand reimburse, Gigpiglet 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 Incidental Items/Equipment charged thereby;

(c)  not register a financing change statement in respect of a security interest without the prior written consent of Gigpiglet;

(d)  not register, or permit to be registered, a financing statement or a financing change statement in relation to the Incidental Items/Equipment in favour of a third party without the prior written consent of Gigpiglet;

(e)  immediately advise Gigpiglet of any material change in its business practices of selling Incidental Items which would result in a change in the nature of proceeds derived from such sales.

12.4    Gigpiglet 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.

12.5    The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

12.6    The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

12.7    Unless otherwise agreed to in writing by Gigpiglet, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

12.8    The Client must unconditionally ratify any actions taken by Gigpiglet under clauses 12.3 to 12.5.

12.9    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.

  1. 13. Security and Charge

13.1    In consideration of Gigpiglet agreeing to supply Services/Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

13.2    The Client indemnifies Gigpiglet from and against all Gigpiglet’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Gigpiglet’s rights under this clause.

13.3    The Client irrevocably appoints Gigpiglet and each director of Gigpiglet as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

  1. 14. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)

14.1    The Client must inspect Gigpiglet’s Services on completion, and the Equipment on delivery and must within seven (7) days notify Gigpiglet in writing of any evident defect in the Services/Equipment (including Gigpiglet’s workmanship), or any Incidental Items provided, or of any other failure by Gigpiglet to comply with the description of, or quote for, the Services/Equipment which Gigpiglet was to supply. The Client must notify any other alleged defect in Gigpiglet’s Services, Equipment or Incidental Items as soon as is reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Gigpiglet to review the Services, Equipment or Incidental Items that were provided.

14.2    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).

14.3    Gigpiglet acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

14.4    Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Gigpiglet makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Services/Equipment. Gigpiglet’s liability in respect of these warranties is limited to the fullest extent permitted by law.

14.5    If the Client is a consumer within the meaning of the CCA, Gigpiglet’s liability is limited to the extent permitted by section 64A of Schedule 2.

14.6    If Gigpiglet is required to rectify, re-supply, or pay the cost of re-supplying the Services/Equipment under this clause or the CCA, but is unable to do so, then Gigpiglet may refund any money the Client has paid for the Services/Equipment but only to the extent that such refund shall take into account the value of Services/Equipment and Incidental Items which have been provided to the Client which were not defective.

14.7    If the Client is not a consumer within the meaning of the CCA, Gigpiglet’s liability for any defective Services/Equipment or Incidental Items is:

(a)  limited to the value of any express warranty or warranty card provided to the Client by Gigpiglet at Gigpiglet’s sole discretion;

(b)  otherwise negated absolutely.

14.8    Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, Gigpiglet 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 Incidental Items;

(b)  the Client using the Incidental Items for any purpose other than that for which they were designed;

(c)  the Client continuing to use any Incidental Item after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  interference with the Services/Equipment by the Client or any third party without Gigpiglet’s prior approval;

(e)  the Client failing to follow any instructions or guidelines provided by Gigpiglet;

(f)   fair wear and tear, any accident, or act of God.

 

  1. 15. Intellectual Property

15.1    Where Gigpiglet has designed, drawn or developed Incidental Items for the Client, then the copyright in any Incidental Items shall remain the property of Gigpiglet.

15.2    The Client warrants that all designs, specifications or instructions given to Gigpiglet will not cause Gigpiglet to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Gigpiglet against any action taken by a third party against Gigpiglet in respect of any such infringement.

15.3    The Client agrees that Gigpiglet may (at no cost) use for the purposes of marketing or entry into any competition, any Incidental Items which Gigpiglet has created for the Client.

  1. 16. Default and Consequences of Default

16.1    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 Gigpiglet’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

16.2    If the Client owes Gigpiglet any money the Client shall indemnify Gigpiglet from and against all costs and disbursements incurred by Gigpiglet in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Gigpiglet’s contract default fees, and bank dishonour fees).

16.3    Without prejudice to any other remedies Gigpiglet may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Gigpiglet may suspend or terminate the supply of Services/Equipment to the Client. Gigpiglet will not be liable to the Client for any loss or damage the Client suffers because Gigpiglet has exercised its rights under this clause.

16.4    Without prejudice to Gigpiglet’s other remedies at law Gigpiglet shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Gigpiglet shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to Gigpiglet becomes overdue, or in Gigpiglet’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.

 

  1. 17. Cancellation

17.1    Gigpiglet may cancel any contract to which these terms and conditions apply or cancel delivery of Services/Equipment at any time before the Services are commenced or Equipment provided by giving written notice to the Client. On giving such notice Gigpiglet shall repay to the Client any money paid by the Client for the provision of the Services/Equipment. Gigpiglet shall not be liable for any loss or damage whatsoever arising from such cancellation.

17.2    In the event that the Client cancels delivery of the Services/Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by Gigpiglet as a direct result of the cancellation (including, but not limited to, any loss of profits).

 

  1. 18. Privacy Act 1988

18.1    The Client agrees for Gigpiglet to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Gigpiglet.

18.2    The Client agrees that Gigpiglet may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(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.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

18.3    The Client consents to Gigpiglet being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

18.4    The Client agrees that personal credit information provided may be used and retained by Gigpiglet for the following purposes (and for other purposes as shall be agreed between the Client and Gigpiglet or required by law from time to time):

(a)  the provision of Services/Equipment; and/or

(b)  the marketing of Services/Equipment by Gigpiglet, its agents or distributors; and/or

(c)  analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services/Equipment; and/or

(d)  processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(e)  enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services/Equipment.

18.5    Gigpiglet may give information about the Client to a credit reporting agency for the following purposes:

(a)  to obtain a consumer credit report about the Client;

(b)  allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

18.6    The information given to the credit reporting agency may include:

(a)  personal particulars (the Client’s name, sex, address, previous  addresses, date of birth, name of employer and driver’s licence number);

(b)  details concerning the Client’s application for credit or commercial credit and the amount requested;

(c)  advice that Gigpiglet is a current credit provider to the Client;

(d)  advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e)  that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f)   information that, in the opinion of Gigpiglet, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);

(g)  advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h)  that credit provided to the Client by Gigpiglet has been paid or otherwise discharged.

 

  1. 19. Equipment Hire

19.1    Equipment shall at all times remain the property of Gigpiglet and is returnable on demand by Gigpiglet. In the event that Equipment is not returned to Gigpiglet in the condition in which it was delivered Gigpiglet retains the right to charge the Client the full cost of repairing the Equipment. In the event that Equipment is not returned at all Gigpiglet shall have right to charge the Client the full cost of replacing the Equipment.

19.2    The Client shall;

(a)  keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.

(b)  not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.

(c)  keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Gigpiglet to the Client.

19.3    The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, Gigpiglet’s interest in the Equipment and agrees to indemnify Gigpiglet against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

 

  1. 20. General

20.1    The failure by Gigpiglet to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Gigpiglet’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.

20.2    These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which Gigpiglet has its principal place of business, and are subject to the jurisdiction of the Sydney Courts in New South Wales.

20.3    Subject to clause 14 Gigpiglet 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 Gigpiglet of these terms and conditions (alternatively Gigpiglet’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the Services/Equipment).

20.4    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 Gigpiglet nor to withhold payment of any invoice because part of that invoice is in dispute.

20.5    Gigpiglet may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

20.6    The Client agrees that Gigpiglet may amend these terms and conditions at any time. If Gigpiglet makes a change to these terms and conditions, then that change will take effect from the date on which Gigpiglet notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Gigpiglet to provide Services/Equipment to the Client.

20.7    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.

20.8    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.