Terms and Conditions No. S25-2025
BUSINESS TERMS
These Business Terms, together with any Quote (defined in clause 1), set out the agreement (Agreement) under the terms of which Sachr Pty Limited ABN 63 103 925 462 (Sachr Sign Co) provides Products and/or Services (defined in clause 2) to you or the company which you represent (the Client).
1. QUOTES AND ACCEPTANCE
a. These Business Terms will apply to all the Client’s dealings with Sachr Sign Co, including being incorporated in all agreements, quotations or orders under which Sachr Sign Co is to provide products and/or services to the Client (each a ‘Quote’) together with any additional terms included in such Quote (provided such additional terms are recorded in writing).
b. The Client will be taken to have accepted this Agreement if the Client accepts a Quote via email, verbally, or otherwise instructs the Company to proceed with the work, or if the Client orders, accepts, or pays for any products and/or services provided by the Company after receiving this Agreement.
c. In the event of any inconsistency between these Business Terms and any Quote, the clauses of these Business Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Quote) will prevail over these Business Terms to the extent of any inconsistency.
d. No changes to this Agreement will be effective unless agreed in writing by both parties.
e. The Client is responsible for confirming that the Quote accurately specifies (if applicable):
(i) the quantity and specifications of the Products and/or Services required; and
(ii) the agreed Fees and any other rates.
2. PRODUCTS AND SERVICES
a. In consideration for the payment of the fees set out in the Quote (Fees), Sachr Sign Co will provide the Client with goods set out in a Quote (Products) and/or services set out in a Quote (Services).
b. Where the context permits, the terms ‘Products’ and ‘Services’ shall be interchangeable when used in this Agreement.
c. Unless otherwise agreed, Sachr Sign Co may, in its discretion:
(i) not commence work on any Services until the Client has paid any Fees payable in respect of such Services; and
(ii) withhold delivery of Products until the Client has paid an invoice in respect of such Products.
d. Production generally starts on Mondays and takes approximately 3-4 weeks. Timelines may change based on business circumstances and material availability. No strict timeline is agreed unless specified in the Quote.
3. CLIENT OBLIGATIONS
a. (General) The Client must provide Sachr Sign Co with all documentation, information and assistance reasonably required for Sachr Sign Co to commence the Services.
b. (Liaison) The Client agrees to liaise with Sachr Sign Co as it reasonably requests for the purpose of enabling Sachr Sign Co to provide the Services.
c. (Instructions) The Client agrees to use the Products strictly in accordance with the manufacturer’s instructions (Instructions). The Client acknowledges that failure to use the Products in accordance with the Instructions is likely to result in the Products not functioning properly or meeting the Specifications. The Client agrees that Sachr Sign Co will not be liable for any loss or damage arising out of the Client’s failure to use the Products in accordance with the Instructions and will indemnify Sachr Sign Co for such loss or damage.
d. (Permits) If applicable, the Client warrants that they hold valid licences and are otherwise permitted to use any products purchased by the Client under a Quote (Permits). Sachr Sign Co reserves the right to request proof of such Permits, cancel any Quote in the absence of such Permits and charge administration fees if orders are placed for Products where the Client does not hold the relevant licence.
e. (Compliance with Laws) The Client is responsible for complying with all applicable Laws, where ‘Laws’ means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Client receives the Products and/or Sachr Sign Co provides the Services.
4. SITE READINESS AND ACCESS
The Client must ensure that:
a. the installation site (Site) is ready and appropriately prepared, be free of other trades, and be open and accessible;
b. the Client must provide any necessary access equipment (e.g., BMU, scaffolding, cranes) free of charge for installation and any required servicing or warranty repairs;
c. all work into the ground has been correctly identified as natural earth, free and clear of obstructions such as pipes, tree roots, wiring, and solid rock, and that the Before You Dig Australia service has been utilised for underground infrastructure asset identification;
d. they allow for and advise Sachr Sign Co of any Site access timing delays, such as inductions and Site operating hours. Any alterations to scheduled Site access may incur charges if Site access needs to be re-scheduled; and
e. the Client must ensure that a 240-volt power source is made available within one metre of the sign’s intended location.
5. CLIENT SUPPLIED GOODS AND EXISTING CONSTRUCTION
If the Client uses the Products in conjunction with any materials and/or goods supplied by the Client, for example where the Client attaches the Products to such materials and/or goods:
a. the Client accepts the risk of defects or deficiencies in such goods and/or materials;
b. Sachr Sign Co will not be required to investigate the suitability, quality or fitness for purpose of existing or proposed materials and/or goods; and
c. the Client will be required to pay the Additional Work Rate if it requests that Sachr Sign Co correct any defects or issues with such materials and/or goods.
6. SPECIFICATIONS AND QUALITY
Sachr Sign Co will use reasonable commercial efforts to ensure Products supplied to the Client under this agreement meet the Specifications set out in a Quote (Specifications), however:
a. the Client acknowledges that the numerical values included in the Specifications depend on a variety of factors beyond Sachr Sign Co’s control and are provided as a guide only; and
b. Sachr Sign Co cannot guarantee that the Products will be consistent with the Specifications and will not be liable for any failure of the Products to meet the Specifications.
c. designs and artworks (in whatever form) provided by Sachr Sign Co are only to show the Client a concept of the final Product. The Client accepts variations to the final Product, including but not limited to its appearance, illumination, colours, finishes, and function, which may exist due to the varying production methods, materials, and lighting systems used to complete the Product and screen displays and colours used to display the designs and artworks.
d. The final selection of all materials, finishes, colours, lighting, and production systems used to complete the Product shall be at the discretion of Sachr Sign Co, unless otherwise specified in the Quote.
e. Unless shown or specified on supplied drawings or plans, or in writing at the time of the Quote, the final positioning and the type of installation fixings for all Products shall be at the discretion of Sachr Sign Co or its installers.
7. CHANGES
a. The Client must pay additional service fees for changes to Services requested by the Client which are outside the scope set out in the relevant Quote (Changes) at the Additional Work Rate.
b. Unless otherwise agreed in writing, Sachr Sign Co may at its discretion extend or modify any delivery schedule or deadlines for the Services as may be reasonably required by such Changes.
c. The Client may request one minor change to Sachr-provided designs for free before production starts. No changes are possible once production has commenced.
8. PAYMENT
8.1 FEES
a. The Client must pay to Sachr Sign Co the Fees as follows:
(i) A 50% commencement fee upon acceptance of the Quote is required to commence the works.
(ii) The remaining 50% balance is due within 7 days of delivery or installation of the sign(s).
b. Alternative payment terms may be offered upon agreement in writing.
8.2 INVOICES
Unless otherwise agreed in the Quote:
a. if Sachr Sign Co issues an invoice to the Client, payment must be made by the time(s) specified in such invoice; and
b. in all other circumstances, the Client must pay for all goods and services within 7 days of receiving an invoice for amounts payable.
8.3 GST
Unless otherwise indicated, amounts stated in a Quote do not include GST. In relation to any GST payable for a taxable supply by Sachr Sign Co, the Client must pay the GST subject to Sachr Sign Co providing a tax invoice.
8.4 CARD SURCHARGES
Sachr Sign Co reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
8.5 LATE PAYMENT AND DEBT RECOVERY
If the Client fails to pay any amounts due to Sachr Sign Co under an invoice by the specified due date, Sachr Sign Co retains the right, without limiting any other rights under this Agreement, to charge the Client interest at a rate of 3% per month on the outstanding amount.
9. PRICING
a. The Client acknowledges that despite Sachr Sign Co’s reasonable precautions, Products may be listed at an incorrect price, or with incorrect availability and/or other information, due to typographical errors and/or oversight. In such circumstances, Sachr Sign Co reserves the right to substitute the Products with a comparative product, if agreed by the Client or cancel Quote, even if the Quote has been paid for and previously accepted by Sachr Sign Co.
b. If Sachr Sign Co cancels a Quote in accordance with 9(a) Sachr Sign Co will, as soon as practicable, contact the Client and issue a refund for any payment the Client has made for the cancelled order.
c. Sachr Sign Co will endeavour to make any refund under this clause using the same payment method as the payment method used by the Client during the original purchase, however may vary this method at its discretion.
10. PRODUCT INFORMATION
Sachr Sign Co endeavours to ensure that the descriptions and specifications in relation to the Products on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such Sachr Sign Co does not guarantee that those descriptions and specification are accurate or free from errors or omissions. Sachr Sign Co reserves the right to make any necessary corrections to the descriptions or specifications without notice.
11. TITLE AND RISK
a. Until the price of Products is paid in full, title in those Products is retained by Sachr Sign Co.
b. Risk in the Products will pass to the Client on delivery or on completion of purchase.
c. In the event that the Client cannot take delivery, Sachr Sign Co will store the sign at a rate of $500 per week per sign. If the Client does not agree to storage, the sign will be destroyed, and the Client remains liable for the full costs incurred in the creation of the sign.
d. If the Client does not pay for any Products on the due date for payment, the Client authorises Sachr Sign Co, its employees and agents to enter any premises occupied by the Client or any other place where the Products are located and use reasonable force to retake possession of the Products without liability for trespass or damage.
e. Sachr Sign Co may at its option keep or resell Products retaken from the Client.
f. If the Client sells Products or sells items into which Products are incorporated before payment in full to Sachr Sign Co, the Client acknowledges that such sale is made by the Client as bailee for and on behalf of Sachr Sign Co, to hold the proceeds of sale on trust for Sachr Sign Co, in an account in the name of Sachr Sign Co, and must pay that amount to Sachr Sign Co on demand.
12. DELIVERY
12.1 COST AND OBLIGATIONS
a. Unless otherwise indicated, amounts stated in Quotes or on Sachr Sign Co’s website do not include delivery.
b. For Products to be delivered, Sachr Sign Co will charge the Client for delivery (notwithstanding that it may not have previously done so).
c. The Client must ensure that suitable machinery is provided on-site to facilitate delivery (e.g., forklift to remove the sign from Sachr Sign Co’s trucks).
d. The Client must pay the full invoice amount prior to any delivery being conducted.
e. Delivery is to the delivery point specifically accepted by Sachr Sign Co.
f. If Sachr Sign Co is unable to complete the delivery within the agreed time schedule due to the Client’s absence or other fault of the Client, the Client will be liable for all charges and costs incurred, including but not limited to warehousing, transportation and redelivery.
g. If the Client organises delivery independently of Sachr Sign Co, Sachr Sign Co shall not be held liable for non-delivery, lateness of delivery or loss or damage of Products during transit.
h. Sachr Sign Co may, at its discretion, deliver the Products to the Client in any number of instalments.
12.2 DAMAGE IN TRANSIT
Unless Sachr Sign Co is delivering the Products, Sachr Sign Co shall not be liable for loss of or damage to Products in transit and the Client must make all claims for such loss or damage against the carrier. Sachr Sign Co encourages the Client to take out insurance to protect itself for loss of or damage to Products in transit.
13. DEFECTIVE PRODUCTS AND ACCEPTANCE
13.1 DEFECTIVE PRODUCTS
The Client must notify Sachr Sign Co in writing of any defects in the Products and/or Services within 7 days of delivery or installation, whichever is later.
13.2 CLIENT’S OBLIGATIONS
Where Products are the subject of a notice under clause 13.1:
a. the Client must, at Sachr Sign Co’s option:
(i) leave the Products in the state and condition in which they were delivered until such time as Sachr Sign Co or its duly authorised agent has inspected the Products; or
(ii) send Sachr Sign Co photographs, descriptions or other material evidencing the defects in the Products at Sachr Sign Co’s email address specified in the Quote;
b. Sachr Sign Co will inspect the Products and/or evidence of defects in the Products within a reasonable time after notification by the Client; and
c. if paragraph 13.2(a) is not complied with, the Client will be taken to have accepted the Products and Sachr Sign Co will be entitled to the price for the Products set out in any Quote.
13.3 CALL-OUT FEE
Sachr Sign Co reserves the right to charge the Client a call out fee, if upon inspection of the Products in accordance with clause 13.2(a)(i), Sachr Sign Co determines that the Products are not defective in accordance with clause 13.5.
13.4 REPAIRS OR REPLACEMENTS OF DEFECTIVE GOODS
Subject to clause 15, if, upon inspection, in the reasonable opinion of Sachr Sign Co:
a. the Products are defective; and
b. the Products were not damaged by the Client and/or the Client did not fail to take reasonable steps to prevent the Products from becoming damaged; or
c. the Products are otherwise not in conformity with the Quote, then at the discretion of the Client, Sachr Sign Co will:
(i) replace the Products or supply the equivalent of the Products;
(ii) repair the Products;
(iii) pay the Client the cost of replacing the Products or acquiring equivalent Products; or
(iv) pay the Client the cost of having the Products repaired.
13.5 GOODS CONSIDERED NOT TO BE DEFECTIVE
If, upon inspection, in the reasonable opinion of Sachr Sign Co,
a. the Products are not defective; or
b. the Products are defective due to an act or omission of the Client, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care by the Client; and
c. the Products are otherwise in conformity with the Quote, Sachr Sign Co will refuse the Client’s return, the Client will be taken to have accepted the Products and Sachr Sign Co will be entitled to the price for the Products set out in any Quote.
13.6 WEAR AND TEAR
Products that have been subject to regular deterioration will not be considered defective.
14. CONFIDENTIALITY
a. Except as contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.
b. This clause 14 does not apply to:
(i) information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
(ii) information required to be disclosed by any law; or
(iii) information disclosed by Sachr Sign Co to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.
15. INTELLECTUAL PROPERTY
15.1 CLIENT CONTENT
a. The Client grants to Sachr Sign Co (and its subcontractors, employees and agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to perform any part of the Services.
b. The Client:
(i) warrants that Sachr Sign Co’s use of Client Content as contemplated by this Agreement will not infringe any third-party Intellectual Property Rights; and
(ii) will indemnify Sachr Sign Co from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.
15.2 DEVELOPED IP
All Developed IP will be solely and exclusively owned by Sachr Sign Co.
15.3 SACHR SIGN CO WORK IP
a. Sachr Sign Co grants to the Client a non-exclusive, royalty free, non-transferable and revocable licence to use Sachr Sign Co IP and any Developed IP to the extent required for the Client to use, enjoy the benefit of or exploit the Services and/or the Deliverables.
b. Unless otherwise agreed in writing by Sachr Sign Co or in this clause 15.3, the Client will not acquire Intellectual Property Rights in any Sachr Sign Co IP under this Agreement or as part of receiving the Services.
c. The Client must not use any of the Sachr Sign Co Background IP and/or Services IP beyond the scope of this licence without a prior written licence from Sachr Sign Co, which may be subject to a licence fee.
15.4 DEFINITIONS
For the purposes of this clause 15:
a. “Client Content” means any Material supplied by the Client to Sachr Sign Co under or in connection with this Agreement, including any Intellectual Property Rights attaching to that Material.
b. “Developed IP” means any Products and any other Material produced by Sachr Sign Co in the course of providing the Services, either alone or in conjunction with the Client or others, and any Intellectual Property Rights attaching to that Material or the Deliverables.
c. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this Agreement.
d. “Sachr Sign Co IP” means all Material owned or licensed by Sachr Sign Co that is not Developed IP and any Intellectual Property Rights attaching to that Material.
e. “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.
16. WARRANTIES
a. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
b. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
17. SPECIFIC WARRANTY TERMS
a. Unless otherwise agreed in the quote, Sachr Sign Co provides a 24-month warranty from Practical Completion or until the Site is completed, whichever occurs first.
b. A Site is considered completed when the machine or building to which the sign is affixed is removed from the Site or if the sign is removed from the machine or building.
c. The warranty covers:
(i) defects in materials and workmanship of the signs;
(ii) includes labour required to repair defect;
(iii) excludes costs related to accessing the signs, such as specialized equipment or services needed to reach signs located at height or in difficult locations; and
(iv) the warranty covers only costs related to repairs conducted during standard business hours and excludes overtime costs.
d. Client Warranty Obligations:
(i) The Client must provide necessary access equipment (e.g., scaffolding, lifts, cranes) free of charge for warranty repairs.
(ii) Warranty claims must be submitted in writing within the warranty period, detailing the defect.
e. The warranty does not cover damage due to misuse, neglect, accidents, or failure to follow instructions.
f. “Practical Completion" means "the sign/s is/are functional and can be used (subject to electricity connection).
18. LIABILITY
18.1 LIABILITY
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to Sachr Sign Co under the most recent Quote.
18.2 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Sachr Sign Co, except:
a. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
b. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
19. SUBCONTRACTING
Sachr Sign Co may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.
20. TERMINATION
20.1 TERMINATION FOR CONVENIENCE
a. Either party may end this agreement for no reason, by providing notice to the other party.
b. This agreement will end 10 Business Days after the day the notice is sent (the End Date).
c. On the End Date, Sachr Sign Co will provide an invoice to the Client for:
(i) any Fees for Services already performed up to the End Date (including Services performed to prepare not yet completed deliverables);
(ii) any pre-approved third party costs Sachr Sign Co has incurred on the Client’s behalf up to the End Date; and
(iii) if terminated by the Client, Sachr Sign Co’s pre-estimated genuine losses as a result of the Client ending this agreement, (together, the Outstanding Amounts)
d. The Client will pay the Outstanding Amounts to Sachr Sign Co on the End Date unless otherwise agreed in a written payment plan between the parties.
e. Once the Outstanding Amounts have been paid, Sachr Sign Co will hand over any completed deliverables.
f. If Sachr Sign Co terminates this agreement pursuant to this clause, Sachr Sign Co will make reasonable efforts to handover the remaining scope of Services to the Client, so the Client can source an alternative provider.
20.2 TERMINATION FOR BREACH
a. If a party (the Notifying Party) considers that the other party is in breach of this agreement (the Breach), the Notifying Party may provide a notice to the other party.
b. The notice must include the nature and details of the Breach, with reference to the relevant clause/s of this agreement. The Notifying Party may, if it wishes to do so, make suggestions for resolving the Breach.
c. The other party will have 10 Business Days (or longer, in the Notifying Party’s discretion) to rectify the Breach (the Rectification Period).
d. After the Rectification Period, the Notifying Party will:
(i) if the Breach has been successfully rectified, notify the other party that the agreement will continue; or
(ii) if the Breach has not been successfully rectified, notify the other party that this agreement is terminated (Termination for Breach Notice).
e. Following a Termination for Breach Notice, the parties will stop all work under this agreement unless otherwise agreed.
f. Any disputes regarding termination under this clause must be dealt with in accordance with clause 21. The indemnities, warranties and liability caps in clause 18 will apply to any disputes and resulting claims. Any pre-estimated losses in clause 20.1(c)(iii) will not limit or otherwise effect the Service Provider’s rights under this agreement, at law or otherwise in equity; the Service Provider’s losses resulting from the Client’s breach are likely to far exceed its losses resulting from termination for the Client’s convenience.
20.3 OTHER CONSEQUENCES FOR TERMINATION
If this agreement ends, in addition to the specific consequences set out in clause 20.1 and 20.2 or (as applicable), the parties will:
a. return all property and Confidential Information to the other party;
b. comply with all obligations that are by their nature intended to survive the end of this agreement; and
c. stop using any materials that are no longer owned by, or licensed to, them when this agreement ends in accordance with clause 20.
20.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
21. DISPUTE RESOLUTION
a. The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.
b. The parties acknowledge that compliance with this clause 21 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 21.
22. FORCE MAJEURE
a. If a party becomes unable, wholly or in part, to carry out an obligation under this agreement due to an event beyond its reasonable control (Force Majeure), that party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure; and
(ii) so far as is known, the probable extent to which that party will be unable to perform or be delayed in performing its obligation.
b. Subject to compliance with clause 22(a), the relevant obligation will be suspended during the Force Majeure to the extent that it is affected by the Force Majeure.
23. NOTICES
A notice or other communication to a party under this agreement must be:
a. in writing and in English; and
b. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
24. GENERAL
24.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.2 BUSINESS DAYS
If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.
24.3 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
24.4 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.5 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.6 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24.7 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
24.8 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
24.9 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.10 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
24.11 INTERPRETATION
a. (singular and plural) words in the singular includes the plural (and vice versa);
b. (gender) words indicating a gender includes the corresponding words of any other gender;
c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
f. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
g. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
i. (includes) the word “includes” and similar words in any form is not a word of limitation;
j. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
k. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
If you have any questions or concerns about any terms in this Agreement, please contact Sachr Sign Co directly to discuss before proceeding.