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Terms & Conditions

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Terms & Conditions 2017-10-05T00:54:17+00:00
  1. Definitions
  • “Leap” shall mean Leap Consulting (WA) Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Leap Consulting (WA) Pty Ltd.
  • “Client” means the person/s requesting Leap to provide the Goods/Equipment as specified in any invoice, document or order, and if there more than one person requesting the Goods/Equipment is a reference to each person jointly and severally.
  • “Goods” means all Goods or Services supplied by Leap to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
  • “Incidental Items” means any goods, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by Leap in the course of it conducting, or supplying to the Client, any Services.
  • “Equipment” shall mean all Equipment including any accessories supplied on hire by Leap 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 Leap to the Client.
  • “Price” means the price payable (plus any GST where applicable) for the Goods/Services and/or Equipment hire as agreed between Leap and the Client in accordance with clause 5 of this contract.
  • “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

 

  1. Acceptance
    • 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 Goods/Equipment provided by Leap.
    • These terms and conditions may only be amended with Leap’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Leap.
    • Goods/Equipment are supplied by Leap only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

 

  1. Electronic Transactions Act 2003
    • 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 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Change in Control
    • The Client shall give Leap 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 Leap as a result of the Client’s failure to comply with this clause.

 

  1. Price and Payment
    • At Leap’s sole discretion the Price shall be either:
      • as indicated on invoices provided by Leap to the Client in respect of Goods supplied; or
      • Leap’s current price at the date of delivery of the Goods according to Leap’s current Price list; or
      • Leap’s quoted Price (subject to clause 2) which shall be binding upon Leap provided that the Client shall accept Leap’s quotation in writing within fourteen (14) days.
    • Leap reserves the right to change the Price if a variation to Leap’s quotation is requested. Variations will be charged for on the basis of Leap’s quotation, and will be detailed in writing, and shown as variations on Leap’s invoice. The Client shall be required to respond to any variation submitted by Leap within ten (10) working days.  Failure to do so will entitle Leap to add the cost of the variation to the Price.  Payment for all variations must be made in full at the time of their completion.
    • At Leap’s sole discretion a non-refundable deposit may be required.
    • Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by Leap, which may be:
      • on delivery of the Goods/Equipment;
      • before delivery of the Goods/Equipment;
      • by way of instalments/progress payments in accordance with Leap’s payment schedule;
      • fourteen (14) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Leap.
    • Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (a surcharge may apply per transaction), or by direct credit, or by any other method as agreed to between the Client and Leap.
    • 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 Leap nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Leap an amount equal to any GST Leap must pay for any supply by Leap under this or any other agreement for providing Leap’s Goods/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. Delivery of Goods
    • At Leap’s sole discretion delivery of the Goods shall take place when:
      • the Client takes possession of the Goods at Leap’s address; or
      • the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Leap or Leap’s nominated carrier).
    • At Leap’s sole discretion the cost of delivery is either included in the Price, or is in addition to the Price.
    • Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
    • Any time specified by Leap for delivery of the Goods/Equipment is an estimate only and Leap 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 Goods/Equipment to be supplied at the time and place as was arranged between both parties. In the event that Leap is unable to supply the Goods/Equipment as agreed solely due to any action or inaction of the Client then Leap shall be entitled to charge a reasonable fee for re-supplying the Goods/Equipment at a later time and date.
    • The failure of Leap to deliver shall not entitle either party to treat this contract as repudiated.

 

  1. Risk
    • If Leap retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Leap is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Leap is sufficient evidence of Leap’s rights to receive the insurance proceeds without the need for any person dealing with Leap to make further enquiries.
    • Where the Client expressly requests Leap to leave Goods outside Leap’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 and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.

 

  1. Title
    • Leap and the Client agree that ownership of the Goods shall not pass until:
      • the Client has paid Leap all amounts owing for the particular Goods; and
      • the Client has met all other obligations due by the Client to Leap in respect of all contracts between Leap and the Client.
    • Receipt by Leap 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 Leap’s ownership or rights in respect of the Goods shall continue.
    • It is further agreed that:
      • where practicable the Goods shall be kept separate and identifiable until Leap shall have received payment and all other obligations of the Client are met; and
      • until such time as ownership of the Goods shall pass from Leap to the Client Leap may give notice in writing to the Client to return the Goods or any of them to Leap. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
      • Leap shall have the right of stopping the Goods in transit whether or not delivery has been made; and
      • if the Client fails to return the Goods to Leap then Leap or Leap’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and
      • the Client is only a bailee of the Goods and until such time as Leap has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Leap for the Goods, on trust for Leap; and
      • the Client shall not deal with the money of Leap in any way which may be adverse to Leap; and
      • the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Leap; and
      • Leap can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
      • until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Leap will be the owner of the end products.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in:
      • all Goods/Incidental Items/Equipment previously supplied by Leap to the Client;
      • all Goods/Incidental Items/Equipment will be supplied in the future by Leap to the Client; and
      • all the Client’s present and after acquired property being a charge, including anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Client to Leap for Services – that have previously been provided and that will be provided in the future by Leap to the Client.
    • The Client undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Leap may reasonably require to:
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 1(a)(i) or 9.1(a)(ii);
      • indemnify, and upon demand reimburse, Leap 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;
      • not register a financing change statement in respect of a security interest without the prior written consent of Leap;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Leap; and
      • immediately advise Leap 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.
    • Leap and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by Leap, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Client shall unconditionally ratify any actions taken by Leap under clauses 1 to 9.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 9) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
    • Only to the extent that the hire of the Equipment exceeds a ninety (90) day hire period with the right of renewal shall clause 911 apply, and this agreement a security agreement for the purposes of PPSA generally, and in particular Section 20.

 

  1. Security and Charge
    • In consideration of Leap agreeing to supply Goods/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).
    • The Client indemnifies Leap from and against all Leap’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Leap’s rights under this clause.
    • The Client irrevocably appoints Leap and each director of Leap as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Client’s behalf.

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Client must inspect Leaps’ Services on completion and the Goods/Equipment on delivery and must within five (5) days notify Leap in writing of any evident defect in the Services/Equipment (including Leap’s workmanship), or any Incidental Items provided, or of any other failure by Leap to comply with the description of, or quote for, the Services/Equipment which Leap was to supply. The Client must notify any other alleged defect in Leap’s Services, Equipment or Incidental Items as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Leap to review the Goods/Equipment, Services or Incidental Items that were provided.
    • 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).
    • Leap acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Leap makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. Leap’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Client is a consumer within the meaning of the CCA, Leap’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If Leap is required to rectify, re-supply, or pay the cost of re-supplying the Goods/Services/Equipment under this clause or the CCA, but is unable to do so, then Leap 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 Goods/ Services/Equipment and Incidental Items which have been provided to the Client which were not defective.
    • If the Client is not a consumer within the meaning of the CCA, Leap’s liability for any defect or damage in the Goods/Services/Equipment or Incidental Items is:
      • limited to the value of any express warranty or warranty card provided to the Client by Leap at Leap’s sole discretion;
      • limited to any warranty to which Leap is entitled, if Leap did not manufacture the Goods. Leap shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the Manufacturer of the Goods. Leap will act as the Return to Base point for hardware and software unless otherwise indicated by the Manufacturer or Leap. In either case, the Client is responsible for shipping or freight costs unless otherwise agreed by Leap, Manufacturer or Leap;
      • otherwise negated absolutely.
    • Subject to this clause 11, returns will only be accepted provided that:
      • the Client has complied with the provisions of clause 1; and
      • Leap has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1 to 11.8 but subject to the CCA, Leap shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Client failing to properly maintain or store any Goods/Equipment;
      • the Client using the Goods/Equipment for any purpose other than that for which they were designed;
      • the Client continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Client failing to follow any instructions or guidelines provided by Leap;
      • fair wear and tear, any accident, or act of God.
    • Notwithstanding anything contained in this clause if Leap is required by a law to accept a return then Leap will only accept a return on the conditions imposed by that law.

 

12.           Intellectual Property

  • Where Leap has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Leap, and shall only be used by the Client at Leap’s discretion.
  • The Client warrants that all designs or instructions to Leap will not cause Leap to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Leap against any action taken by a third party against Leap in respect of any such infringement.
  • The Client agrees that Leap may use any documents, designs, drawings or Goods created by Leap for the purposes of advertising, marketing, or entry into any competition.

 

13.           Default and Consequences of Default

  • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Leap’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Leap.
  • If the Client owes Leap any money the Client shall indemnify Leap from and against all costs and disbursements incurred by Leap in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Leap’s contract default fees, and bank dishonour fees).
  • Further to any other rights or remedies Leap may have under this contract, if a Client has made payment to Leap, 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 Leap under this clause 13 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.
  • Without prejudice to any other remedies Leap may have, if at any time the Client is in breach of any obligation (including those relating to payment), Leap may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Leap will not be liable to the Client for any loss or damage the Client suffers because Leap has exercised its rights under this clause.
  • Without prejudice to Leap’s other remedies at law Leap shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Leap shall, whether or not due for payment, become immediately payable in the event that:
    • any money payable to Leap becomes overdue, or in Leap’s opinion the Client will be unable to meet its payments as they fall due; or
    • the Client has exceeded any applicable credit limit provided by Leap;
    • the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Cancellation
    • Without prejudice to any other remedies Leap may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Leap may suspend or terminate the supply of Goods/Equipment to the Client. Leap will not be liable to the Client for any loss or damage the Client suffers because Leap has exercised its rights under this clause.
    • Leap 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 Leap shall repay to the Client any sums paid in respect of the Price. Leap shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Leap (including, but not limited to, any loss of profits) up to the time of cancellation.
    • Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.

 

  1. Privacy Act 1988
    • The Client agrees for Leap 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 Leap.
    • The Client agrees that Leap may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
      • to assess an application by the Client; and/or
      • to notify other credit providers of a default by the Client; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
      • to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
    • The Client consents to Leap being given a consumer credit report to collect overdue payment on commercial credit.
    • The Client agrees that personal credit information provided may be used and retained by Leap for the following purposes (and for other agreed purposes or required by):
      • the provision of Goods/Equipment; and/or
      • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods/Equipment; and/or
      • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
      • enabling the collection of amounts outstanding in relation to the Goods/Equipment.
    • Leap may give information about the Client to a CRB for the following purposes:
      • to obtain a consumer credit report;
      • allow the CRB to create or maintain a credit information file about the Client including credit history.
    • The information given to the CRB may include:
      • personal information as outlined in 1 above;
      • name of the credit provider and that Leap is a current credit provider to the Client;
      • whether the credit provider is a licensee;
      • type of consumer credit;
      • details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
      • advice of consumer credit defaults, 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 Leap has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
      • information that, in the opinion of Leap, the Client has committed a serious credit infringement;
      • advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    • The Client shall have the right to request (by e-mail) from Leap:
      • a copy of the information about the Client retained by Leap and the right to request that Leap correct any incorrect information; and
      • that Leap does not disclose any personal information about the Client for the purpose of direct marketing.
    • Leap 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.
    • The Client can make a privacy complaint by contacting Leap via e-mail. Leap 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 oaic.gov.au.

 

  1. Unpaid Seller’s Rights
    • Where the Client has left any item with Leap for repair, modification, exchange or for Leap to perform any other service in relation to the item and Leap has not received or been tendered the whole of any monies owing to it by the Client, Leap shall have, until all monies owing to Leap are paid:
      • a lien on the item; and
      • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    • The lien of Leap shall continue despite the commencement of proceedings, or judgment for any monies owing to Leap having been obtained against the Client.

 

  1. Equipment Hire
    • The Equipment shall at all times remain the property of Leap and is returnable on demand by Leap. In the event that the Equipment is not returned to Leap in the condition in which it was delivered Leap retains the right to charge the Client the full cost of repairing the Equipment. In the event Equipment is not returned at all Leap shall have right to charge the Client the full cost of replacing the Equipment.
    • The Client shall;
      • keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment.
      • 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.
      • 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 Leap to the Client.
    • The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, Leap’s interest in the Equipment and agrees to indemnify Leap 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. Service of Notices
    • Any written notice given under this contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this contract;
      • by sending it by registered post to the address of the other party as stated in this contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

  1. General
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia in which Leap has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 11 Leap 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 Leap of these terms and conditions (alternatively Leap’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the Goods/Equipment).
    • Leap may licence and/or assign all or any part of its rights and/or obligations under this contract without the Client’s consent.
    • The Client cannot licence or assign without the written approval of Leap.
    • Leap may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of Leap’s sub-contractors without the authority of Leap.
    • The Client agrees that Leap may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Leap to provide Goods to the Client.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond the reasonable control of either party.
    • Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.