Terms and Conditions (of Hire)

1 Definitions
1.1 “Company” means Ore Investments Pty Ltd, its trading entities, successors and assigns or any person acting on behalf of and with the authority of Ore Investments Pty Ltd.
1.2 “Customer” means the Customer or any person acting on behalf of and with the authority of the Customer, as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Vehicle” means all vehicles (including any accessories) supplied on hire by the Company to the Customer, at the Customer’s request from time to time, and:
(a) where the context so permits shall include any incidental supply of services;
(b) the Vehicle shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by the Company to the Customer; and
(c) the Company may, at its sole discretion, decline to supply the Vehicle to the Customer.
1.4 “Hire Term” means the period of hire of the Vehicle by the Customer, as described on the invoices, quotation, authority to hire, or any other forms as provided by the Company to the Customer.
1.5 “Hire Charges” means the cost of the hire of the Vehicle as agreed between the Company and the Customer subject to clause 4 of this agreement.

2 Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for the Vehicle, or accepts Delivery.
2.2 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
2.3 The Customer acknowledges:
(a) references to schedule or clauses are references to such in this agreement.
(b) words importing the singular shall include the plural, and vice versa, and words importing any gender shall include all other genders.
(c) headings are inserted for convenience only, and do not affect the interpretation of this agreement.
(d) “Good Working Order” means, in respect to the Vehicle, that:
(i) the Vehicle is in good condition and good appearance throughout;
(ii) the Vehicle has been properly maintained and serviced in accordance with the original manufacturer’s recommendations and requirements.
2.4 The Company will provide the Vehicle:
(a) (at their sole discretion) only after receipt of a duly authorised purchase order from the Customer confirming their request thereof;
(b) in Good Working Order and, subject to clause 18, allow the Customer exclusive use of the Vehicle during the Hire Term.

3 Change in Control
3.1 The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customer’s failure to comply with this clause.

4 Hire Charges and Payment
4.1 At the Company’s sole discretion Hire Charges shall be either:
(a) as indicated on invoices provided by the Company to the Customer in respect of Vehicle supplied; or
(b) the Company’s quoted Hire Charges (subject to clause 4.2) which shall be binding upon the Company provided that the Customer shall accept in writing the Company’s quotation within thirty (30) days.
4.2 The Company reserves the right to change the Hire Charges:
(a) if a variation to the Vehicle which is to be supplied is requested; or
(b) upon one (1) months’ written notice to the Customer.
4.3 At the Company’s sole discretion, a deposit of twenty percent (20%) of the Hire Charges shall be required prior to Delivery.
4.4 Time for payment for the Vehicle being of the essence, the Hire Charges will be payable by the Customer on the date/s determined by the Company, which may be:
(a) at least two (2) working days prior to Delivery; or
(b) for approved Customer’s, due thirty (30) days following the date of any invoice given to the Customer by the Company;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Hire Charges for any Amex, JCB or Diners transaction), or by any other method as agreed to between the Customer and the Company.
4.6 Unless otherwise stated the Hire Charges do not include GST. In addition to the Price the Customer must pay to the Company an amount equal to any GST the Company must pay for any supply of the Vehicle by the Company under this or any other contract for the hire thereof. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Hire Charges. In addition the Customer must pay any other taxes and duties (including stamp duties, tolls, fines, penalties, levies, freight, government charges arising out of the Customer’s use of the Vehicle, etc.) that may be applicable in addition to the Hire Charges except where they are expressly included therein.
4.7 The Customer acknowledges and agrees that the Customer’s obligations to the Company for the supply of the Vehicle shall not cease until:
(a) the Customer has paid the Company all amounts owing for the hire of the Vehicle; and
(b) the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
4.8 Receipt by the Company 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 the Company’s rights in relation to this agreement shall continue.

5 Other Charges 5.1 In addition to the Hire Charges, the Customer will be required to pay to the Company, immediately upon request:Terms and Conditions (of Hire)
(a) for any consumables or fuel supplied to the Customer by the Company, including a refuelling charge (per litre) where the Vehicle has not been refuelled on return to the Company;
(b) where applicable, the costs of delivering and/or collecting the Vehicle (as per clause 7.1);
(c) all costs incurred in cleaning and/or repairing the Vehicle where the Vehicle is not returned in Good Working Order;
(d) any lost hire fees the Company would have otherwise been entitled to for the hire of the Vehicle, under this, or any other contract;
(e) the specified excess (per separate event), resulting from any insurance claim made by the Company in relation to any damage caused by, or to, the Vehicle whilst the same is hired by the Customer;
(f) the new list price of any Vehicle that is, for whatever reason, destroyed, written off or not returned to the Company, where any insurance claim has be declined due to the Customer’s failure to fulfil their obligations under this agreement.

6 Hire Term
6.1 The hire of the Vehicle shall commence from the Commencement Date and shall continue for the Hire Term. Any extension to the Hire Term must be agreed to in writing by the Company.
6.2 The Customer must return the Vehicle to the Company’s address on or before the end of the Hire Term; failure to do so:
(a) in accordance with this agreement, will be subject to a continuance of the hire of the Vehicle until return is effected; and/or
(b) can be considered as criminal theft and may be immediately reported to the Police.
6.3 No allowance whatsoever can be made for time during which the Vehicle is not in use for any reason, unless the Company confirms special prior arrangements in writing. In the event of Vehicle breakdown, provided the Customer notifies the Company immediately:
(a) the Company will endeavour to (at their sole discretion) either repair the Vehicle on-site or provide a replacement as soon as reasonably possible. The Company shall not be liable for any direct, indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of any delay in replacing the Equipment due to the unavailability of any necessary replacement Vehicle); and
(b) charges will not be payable during the time the Vehicle is not working, unless the condition is due to negligence, damage or misuse on the part of or attributable to the Customer.
6.4 Notwithstanding clause 6.3 above, in the case of Vehicle breakdown or damage occurring outside a radius of forty (40) kilometres from the Company’s Kalgoorlie depot, the costs of recovery of the Vehicle, and delivery of a replacement Vehicle, will be the responsibility of the Customer.
6.5 The Hire Period shall be completed when the Vehicle has been returned to the Company in the same condition as when it was hired either:
(a) on or by the date and time specified herein or by any subsequent extension of the Hire Term; or
(b) where agreed to by the Company, on the date agreed for collection by the Company.
6.6 Where the Company agrees to collect the Vehicle:
(a) the Company will arrange for collection thereof within a reasonable period after a request to do so, and
(b) the Customer agrees to maintain the responsibility for the Vehicle whilst it is awaiting collection.

7 Delivery
7.1 Delivery of the Vehicle (“Delivery”) is taken to occur at the time that the Customer, or the Customer’s nominated carrier, takes possession of the Vehicle at the Company’s premises. The Company (or the Company’s nominated carrier) may agree to make delivery and/or collection of the Vehicle to and/or from the Customer’s nominated address, and the Customer will pay to the Company any charges and expenses incurred thereby as per clause 5.1(b).
7.2 Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept Delivery, even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late.

8 Use, Operation and Maintenance of the Vehicle
8.1 The Customer:
(a) acknowledges and agrees that the use of the Vehicle carries with it dangers and risks of injury, and the Customer accepts full responsibility for, and shall keep the Company indemnified against, all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the Company’s possession, use, maintenance, repair, storage and/or transport of the Vehicle during the Hire Term and whether or not arising from any misuse, negligence, failure or omission of the Customer or any other persons. This indemnity shall not apply where it can evidentially be shown by the Customer that the Vehiclesupplied by the Company was in a defective state or condition.
(b) shall ensure:
(i) all persons driving the Vehicle are suitably instructed in the Vehicle’s safe and proper use, and are fully licensed to drive the Vehicle (i.e. holding a valid current driver’s licence and licence class for the Vehicle), and shall provide evidence of the same to the Company upon request;
(ii) the Vehicle is returned to the Company in Good Working Order and clean of all foreign matters. The Customer’s failure to adhere to this clause shall incur additional charges as per clause 5.1(c);
(iii) that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of the engine, transmission, braking, or suspension systems of the Vehicle;
(iv) the Vehicle is left securely locked when not in use, and the keys under the control of the Customer, or any authorised driver named in this agreement, at all times.
(c) will use the Vehicle solely for the Customer’s own work, and shall not permit the Vehicle to be used by any other party (including any person other than any authorised driver named in this agreement) for any other work, without the express written permission of the Company;
(d) agrees to drive, maintain (in Good Working Order) and/or transport the Vehicle in a proper manner, with all due care and diligence, and (where required) strictly in accordance with any instruction provided by the Company. Daily maintenance and care of the Vehicle, including but not limited to, checking all fluids (e.g. fuel, oil, coolant, water, etc.) tyre air pressure and battery level, etc.;
(e) agrees that the Vehicle will only be used for its intended purpose and in accordance with any manufacturer’s instructions and recommendations in regard to its operation, maintenance, storage and/or transport, whether supplied by the Company or posted on the Vehicle;
(f) agrees to comply with all occupational health and safety laws and regulations relating to the use of the Vehicle, and associated operations.
(g) without the prior written consent of the Company, shall not use, or permit the use of:
(i) the Vehicle for the carriage of passengers for hire or reward. If approved by the Company the Client must ensure than any driver of the Vehicle holds the appropriate licenses and endorsements;Terms and Conditions (of Hire)
(ii) incorrect fuel in the Vehicle;
(iii) the Vehicle whilst the driver is operating a mobile phone, or is under the influence of alcohol or any drug (including prescription medications) that impairs their ability to drive the Vehicle;
(iv) the Vehicle in any race, speed test, rally, or contest, or on any closed road or non-public roadway (including, but not limited to, creek crossings or beds, streams, dams, flood waters, rocks, sand hills, tidal crossings, fire trails, and rivers);
(v) the Vehicle to propel or tow any other vehicle and/or equipment; or
(vi) the Vehicle for the transport of more than the number of passengers or more than the weight specified in the certificate of loading for the Vehicle; or
(vii)the Vehicle to carry any animals in the Vehicle.
(h) shall not permit smoking in the Vehicle. It is an offence in Australia to smoke in vehicles where there are passengers younger than eighteen (18) years old;
(i) shall not arrange or undertake any repairs or salvage without the authority of the Company. Any cost incurred by the Customer in contravention of this clause will not be reimbursed by the Company.

9 Customer’s Warranties
9.1 The Customer warrants that:
(a) by accepting Delivery, the Customer has fully inspected the Vehicle and is satisfied that the Vehicle complies with its description, is clean and in Good Working Order, is suitable for the Customer’s purposes, and any pre-existing damage, is accurately sighted and documented. If there is any discrepancy, it must be made known by the Customer prior to leaving the Company’s premises;
(b) the Customer will not conceal, alter or make any additions or alterations to the Vehicle, including (but without limitation) tampering, repairing, modifying, defacing or erasing any identifying mark, plate or number on or in the Vehicle, or in any other manner interfere with the Vehicle, and shall not permit any other person or party to do so;
(c) the Customer will not use the Vehicle, nor permit it to be used, for any illegal purpose or in such a manner as would permit an insurer to decline any claim (including, but not limited to, using the Vehicle in contravention of this clause 8, etc.);
(d) the Vehicle shall be kept in the Customer’s own possession and control, and the Customer:
(i) shall not assign the benefit of this hire contract, nor be entitled to take a lien, or grant any encumbrance over the Vehicle; and
(ii) will not remove the Vehicle from the State of Western Australia, without the prior written approval of the Company.

10 Insurance
10.1 At the Company’s sole discretion, and depending on the Customer’s proposed use of the Vehicle:
(a) the Customer must insure, or self-insure, the Company’s interest in the Vehicle 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 provide the Company proof of such insurance policy on request;
(b) subject to the payment of any insurance excess as per clause 5.1(e), and the exclusions set out in clauses 10.2 and 10.3, the Customer(and any driver authorised to drive the Vehicle) is fully indemnified in respect of any liability they might have to the Company in respect of the loss or damage to the Vehicle (and its accessories and spare parts) and any other expenses of the Company, including towing and salvage costs associated with the recovery of the Vehicle. This clause:
(i) in no way entitles the Customer to, or implies the availability of, compensation from the Company for any liability incurred by the Customer in relation to the use of the Vehicle;
(ii) will not continue to operate after the expiration of this agreement, unless any extension thereof is granted by the Company in writing and additional Hire Charges are paid;
(iii) will not apply to loss or damage which relates to, or arises from:
(A) breach of any statutory laws or regulations in connection with the use of the Vehicle by the Customer;
(B) misuse, abuse, wilful and/or malicious acts, negligent and/or reckless use and/or overloading of the Vehicle;
(C) unexplained disappearances of the Vehicle;
(D) theft of the Vehicle in circumstances where site security is available (including, but not limited to, locked yards, buildings and sheds and/or where proper security is not used by the Customer to secure the Vehicle whilst it is left unattended, etc.);
(E) loading or off-loading the Vehicle from maritime vessels, transportation on maritime vessels or the use of the Vehicle on any wharf, bridge or over any body of water.
10.2 The indemnities referred to in clause 10.1(b) shall not apply where the damage, injury or loss arises when:
(a) the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the Hire Term and that caused or contributed to the damage or loss, and the Customer or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle; or
(b) the Customer fails to their adhere to clauses 8 and 9; or
(c) the Vehicle is driven by any person other than the Customer and any authorised driver named in this agreement; or
(d) the Vehicle is driven by any person who, at the time when they drove the Vehicle, is disqualified from holding or has never held a driver's licence appropriate for the Vehicle; or
(e) the Vehicle is wilfully or recklessly damaged either by the Customer, or any other person named on the front of this form, or any person driving the Vehicle under the authority of the Customer; or
(f) the Vehicle is operated outside the Hire Term or any agreed extension thereof.
10.3 The indemnities referred to in clause 10.1(b) shall exclude:
(a) damage to, or above level of the top of, the windscreen of the Vehicle;
(b) damage occurring whilst the Vehicle is being driven in reverse;
(c) damage occurring due to mud or poor road conditions;
(d) damage to the under body of the Vehicle and any resulting damage linked to under body damage (including, but not limited to, all parts of the drive train, chassis, steering, suspension, brakes, exhaust, floor pan and fuel systems);
(e) water damage caused by immersion of the Vehicle in water or from the Vehicle being driven in flood waters;
(f) loss, damage or liability as a result of the Vehicle being damaged, stranded and/or flooded whilst on beaches and/or sand dunes;
(g) damage caused by the Vehicle being driven by methods, or in areas, expressly prohibited under this agreement.Terms and Conditions (of Hire)

11 Title
11.1 The Customer acknowledges that the Company retains title to the Vehicle, and the Customer:
(a) has the right to use the Vehicle as a mere bailee only;
(b) is not authorised to pledge the Company’s credit for repairs to the Vehicle, or to create a lien over the Vehicle in respect of any repairs;
(c) must return the Vehicle to the Company upon request to do so;
(d) shall not agree, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let or hire, or otherwise part with, or attempt to part with, personal possession of, or otherwise not to deal with, the Vehicle, unless with the Company’s prior written consent.
11.2 Notwithstanding anything else herein contained, the Company, or any authorised agent of the Company, may at any time (as the invitee of the Customer) enter upon and into any premises where the Vehicle is located to exercise any rights they have under this agreement or at law, including (if the need arises), the right to repossess the Vehicle from the relevant premises, without being responsible for any damage thereby caused, in the event the Customer is in breach of any obligation (including those relating to payment) under this agreement, and:
(a) the Customer agrees to obtain all necessary consents from the owner, occupier and other interested parties (such as any mortgagee) of the relevant premises where the Vehicle is located to enable the Company to do this;
(b) any costs incurred by the Company as a result of so repossessing the Vehicle shall be charged to the Customer;
(c) the Company shall only charge the Customer for the Hire Charges up to and including the time of repossession;
(d) in addition to the Company’s right to repossess the Vehicle, the Company is entitled, at its sole discretion, following any breach of any provision of this agreement by the Customer, to terminate this agreement and/or sue for recovery of any damages or charges or loss suffered by the Company.

12 Personal Property Securities Act 2009 (“PPSA”)
12.1 In this clause the terms: financing statement, financing change statement, security agreement, and security interest have the meaning given to them by the PPSA.
12.2 Upon assenting to these terms and conditions in writing the Customer 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 Vehicles and/or collateral (account) – being a monetary obligation of the Customer to the Company for services – that have previously been supplied and that will be supplied in the future by the Company to the Customer.
12.3 The Customer 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 the Company 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, the Company 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 registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Company;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicles and/or collateral (account) in favour of a third party without the prior written consent of the Company;
(e) not, without giving the Company fourteen (14) days’ prior notice, change their name, ABN or any other identifier required to be recorded on the PPSR in connection with any security interest arising under this agreement.
12.4 The Company and the Customer 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 Customer 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 Customer 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 the Company, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
12.8 The Customer must unconditionally ratify any actions taken by the Company 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 the PPSA.

13 Security and Charge
13.1 In consideration of the Company agreeing to supply the Vehicle, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The Customer indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.
13.3 The Customer irrevocably appoints the Company and each director of the Company as the Customer’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 Customer’s behalf.

14 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
14.1 The Customer must inspect the Vehicle on Delivery and must within twenty-four (24) hours of such time notify the Company in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Vehicle as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customermust allow the Company to inspect/review the Vehicle.
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 The Company 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, the Company makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Vehicle. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law. Terms and Conditions (of Hire)
14.5 If the Customer is a consumer within the meaning of the CCA, the Company’s liability is limited to the extent permitted by section 64A of Schedule 2.
14.6 If the Company is required to rectify, re-supply, or pay the cost of re-supplying any Vehicle under this clause or the CCA, but is unable to do so, then the Company may refund any money the Customer has paid for the hire of the Vehicle but only to the extent that such refund shall take into account the value of Vehicle which have been provided to the Customer which were not defective.
14.7 If the Customer is not a consumer within the meaning of the CCA, the Company’s liability for any defect or damage in the Vehicle is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by the Company at the Company’s sole discretion;
(b) otherwise negated absolutely.
14.8 Notwithstanding clauses 14.1 to 14.7 but subject to the CCA, the Company 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 Customer’s failure to comply with any of their obligations under this agreement;
(b) the Customer continuing the use of the Vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(c) the Customer failing to follow any instructions or guidelines provided by the Company;
(d) fair wear and tear, any accident, or act of God.

15 Loss, Damage or Breakdown of the Vehicle
15.1 Subject only to clause 10, the Customer accepts full responsibility for the safekeeping of the Vehicle and indemnifies the Company for all loss, theft, or damage to the Vehicle, howsoever caused (except for fair wear and tear), during the Hire Term, and without limiting the generality of the foregoing, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.
15.2 The Customer shall:
(a) notify the Company immediately (by telephone) of the full circumstances of any mechanical fault, breakdown, failure, accident, theft, or where any warning light appears in the Vehicle. The Customer is not absolved from the requirements to safeguard the Vehicle by giving such notification; and
(b) secure the Vehicle after any accident; and
15.3 In the event of an accident (where a person is injured, the other party has not stopped or exchanged details, the Vehicle or any other vehicle is towed, or any driver appears to be influenced by drugs or alcohol), or theft of the Vehicle, a report must be made to Police, and the Company contacted, immediately.

16 Cancellation
16.1 The Company may cancel these terms and conditions or cancel Delivery at any time before the Vehicle is delivered by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.2 In the event that the Customer cancels Delivery the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Company as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.3 At the Company’s sole discretion, a cancellation fee may be charged (as follows) by the Company where the Vehicle has been reserved by booking and the Customer cancels the booking without reasonable notice, or fails to take Delivery as per clause 6.1:
(a) ten percent (10%) of the Hire Charges if cancelled less than five (5) days, but more than two (2) days, of pre-arranged Delivery; or
(b) twenty percent (20%) of the Hire Charges if cancelled less than two (2) days of pre-arranged Delivery.

17 Termination
17.1 Without prejudice to any other remedies the Company may have against the Customer, and notwithstanding the Hire Term, this agreement may be terminated by the Company:
(a) upon giving the Customer two (2) days’ written notice of termination at any time during the Hire Term;
(b) without notice, and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
(i) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
(ii) the Customer 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
(iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer; or
(iv) the Customer commits a breach of any part of this agreement.

18 Default and Consequences of Default
18.1 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 one half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
18.2 If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s contract default fee, and bank dishonour fees).
18.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of hire the Company may repossess the Vehicle as per clause 11.2, or suspend or terminate the supply of Vehicle to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.

19 Privacy Act 1988
19.1 The Customer agrees for the Company 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 Customer in relation to credit provided by the Company.
19.2 The Customer agrees that the Company may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:Terms and Conditions (of Hire)
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
19.3 The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit.
19.4 The Customer agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by):
(a) the provision of the Vehicle on hire; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of the Vehicle on hire; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Vehicle.
19.5 The Company may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
19.6 The information given to the CRB may include:
(a) personal information as outlined in 19.1 above;
(b) name of the credit provider and that the Company is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Company has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Company, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
19.7 The Customer shall have the right to request (by e-mail) from the Company:
(a) a copy of the information about the Customer retained by the Company and the right to request that the Company correct any incorrect information; and
(b) that the Company does not disclose any personal information about the Customer for the purpose of direct marketing.
19.8 The Company will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
19.9 The Customer can make a privacy complaint by contacting the Company via e-mail. The Company 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 Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

20 Force Majeure
20.1 Subject to clause 20.2, neither party shall be responsible for any delays in Delivery, installation or collection due to causes beyond their control (including, but not limited to, acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, shortages of, or inability to obtain shopping space, or land transportation).
20.2 Nothing in clause 20.1 will limit or exclude the Customer’s responsibility and liability under this agreement for Vehicle that is lost, stolen or damaged beyond fair wear and tear during the Hire Term, or had broken down, or become unsafe to use as a result of the Customer’s conduct or negligence.

21 General
21.1 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the Company has its principal place of business, and are subject to the jurisdiction of the Courts in that state.
21.3 Subject to clause 14, the Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Hire Charges).
21.4 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
21.5 The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to supply any Vehicle to the Customer.
21.6 The Customer warrants that:
(a) it is not insolvent and that this agreement creates binding and valid legal obligations on it; and
(b) the person signing any document which forms part of this agreement for and on behalf of the Customer has the power to enter into this agreement on the Customer’s behalf and grant the security interest in connection with it, and has obtained all necessary authorisations to allow it to do so.
21.7 The covenants, agreements and obligations contained in this agreement will not merge or terminate upon the termination of this agreement, and to the extent that they have not be fulfilled or satisfied, or are continuing obligations, they will remain in force and effect.

Terms and Conditions (Passenger and Charter Services)

1 Definitions
1.1 “Company” means Ore Investments Pty Ltd, its trading entities, successors and assigns or any person acting on behalf of and with the authority of Ore Investments Pty Ltd.
1.2 “Customer” means the purchaser of the Services and/or the Passenger (as hereinafter defined) using the Services, as the case may be, or any person acting on behalf of and with the authority of the Customer, as specified in any ticket, quotation, invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Services” means all Services provided by the Company to the Customer at the Customer’s request from time to time.
1.4 “Fare” means the Fare for the Services as agreed between the Company and the Customer subject to clause 4 of this contract.

2 Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts provision of, the Services.
2.2 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
2.3 The Customer acknowledges that:
(a) provision of the Services is subject to the Company’s minimum passenger numbers;
(b) If the Customer is using courtesy transfers service, the Customer is required to be ready ten (10) minutes prior to published departure time, as such times may vary due to unforeseen circumstances.
(c) the Company reserves the right to cancel or to vary the content of the Services should the need arise.
(d) group discounts may apply, at the Company’s sole discretion;
(e) other operators’ products and services may be advertised in good faith in any promotional or advertising material of the Company. However, the Company shall not be responsible for the conduct of these operators or for loss or damage to property, personal injury, death or delay incurred by the Customer or any third party by the use of such products and services.

3 Bookings and Tickets
3.1 No bookings are confirmed until received by the Company and paid for in full in accordance with clause 4.7; a paid ticket will always board in preference before a reservation booking or unpaid ticket.
3.2 Online bookings must be entered in and accepted on the Company’s booking system twenty-four (24) hours before departure for confirmation to travel.
3.3 Tickets are:
(a) issued to and accepted by the person named in the ticket ("Passenger"), subject to the relevant By-Laws, Regulations and these terms and conditions.
(b) non-transferable.
3.4 Tickets issued at pension / concessional fare rates are valid for Western Australian pensioners only, and the Passenger must produce identification, pension card and supply pension number upon request. They are also obliged to carry the same whilst travelling on the coach.

4 Fare and Payment
4.1 At the Company’s sole discretion the Fare shall be either;
(a) as indicated on invoices provided by the Company to the Customer in respect of Services provided; or
(b) the Company’s current Fare, at the date of provision of the Services, according to the Company’s current Fare Guide; or
(c) the Company’s quoted Fare (subject to clause 4.2) which shall be binding upon the Company provided that the Customer shall accept in writing the Company’s quotation within thirty (30) days.
4.2 The Company reserves the right to change the Fare in the event of a variation to the Company’s quotation.
4.3 At the Company’s sole discretion, a non-refundable deposit of twenty percent (20%) of the Fare shall be required upon booking.
4.4 Time for payment for the Services being of the essence, the Fare will be payable by the Customer on the date/s determined by the Company, which may be:
(a) at least five (5) working days prior to provision of the Services (departure date); or
(b) for approved Customer’s, due thirty (30) days following the date of any invoice given to the Customer by the Company;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Fare for any Amex, JCB or Diners transaction), or by any other method as agreed to between the Customer and the Company.
4.6 Unless otherwise stated the Fare includes GST; which the Customer must pay, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Fare. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Fare except where they are expressly included in the Fare.
4.7 Receipt by the Company 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.

5 Provision of the Services
5.1 The Company may use, or change, the nominated mode of transport for the journey.
5.2 The Company may, in its sole discretion, without liability therefore, cancel in whole or in part any of the Services shown in the published timetables or vary the stops at which the coaches will pick up or set down Passengers.
5.3 The Company shall be under no obligation or liability whatsoever to any person as a result of: any inaccuracy, error or mis-description contained in any travel or tour brochure; any change in any pricing; or withdrawal of or failure to provide any service set out in such travel or tour brochure.
5.4 The Company shall not be liable to the Passenger for loss, damage or delay caused by or arising from riot, war, act of terrorism, Act of God, civil commotion, strikes, lock-outs, stoppages or restrain of labour from whatsoever cause whether partial or general. Nor shall the Company be liable to the holder for loss, damage or delay caused by or arising from the failure of the Company to give ticket holder notice of the Terms and Conditions (Passenger and Charter Services)withdrawal or cancellation of the Services, the occurrence of any event, matter or thing set out in this clause, or the threat, likelihood, possibility of or the occurrence of an event, matter or thing set out in this clause.
5.5 The Company shall not be liable to the Passenger in the event of the loss of or theft of this ticket or if it is honoured when presented by a person other than the Passenger or if the ticket is mislaid.
5.6 The Company will endeavour to meet all given times, however times may vary due to driving conditions, and the Company shall not be liable for any consequence, loss or damage whatsoever arising out of or from any cancellation, or any variation in the time of arrival at or departure from any stops of any coach.

6 Travel Conditions
6.1 Passengers are expected to be clean, tidy and well behaved whilst travelling on the coach. The driver reserves the right to refuse travel to any non-compliant person/s.
6.2 The Company reserves the right for reasons of health and safety, to require children under the age of ten (10) years to travel accompanied by a parent or guardian, and to wear reasonable attire. The Company will accept children between the ages of ten (10) and fifteen (15) years travelling without a parent or guardian in accordance with the Company’s policy from time to time. This includes the tender of duly signed authorisation form.
6.3 Children under four (4) years old may travel free of charge. Car seats can be taken on board and belted to the seat of the coach.
6.4 Each Passenger is allowed one (1) suitcase and one (1) overnight bag. The free luggage allowance is limited to two (2) items of luggage per passenger with a maximum of fifty kilograms (50kg) per Passenger, and any other will be regarded as freight with additional costs being applicable. Luggage will only be accepted in bona-fide packaging. Bicycles and surfboards will be accepted if space permits, but a separate charge is applicable. Passengers are responsible for labelling and handling of their own luggage. Handbags and briefcases are the only luggage permitted within the passenger compartment. Valuables must be kept with the Passenger. The maximum liability for damaged or lost uninsured luggage is one hundred and fifty ($150.00) for any or all of the luggage accompanying a Passenger.
6.5 All Passengers must be at their designated departure point at least fifteen (15) minutes prior to the allotted departure time.
6.6 All Passengers must occupy a seat and be seat-belted.

7 Prohibitions
7.1 Smoking, consumption of alcohol and/or illicit drugs or non-prescribed drugs is prohibited on any coach.
7.2 Hot greasy foods and milk products are prohibited on board the coach. If any other food or drink is consumed, all rubbish must be disposed of in the bins provided.
7.3 No flammable liquids, firearms or explosives shall be carried or accepted as personal luggage, personal possession or as freight on any coach.

8 Cancellation
8.1 The Company may cancel these terms and conditions or cancel provision of the Services at any time before the Services have commenced by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Fare. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
8.2 In the event that the Customer cancels provision of the Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Company as a direct result of the cancellation (including, but not limited to, any loss of profits), and/or a cancellation fee shall apply to all ticket bookings as follows (or may vary depending on the Services):
(a) ten percent (10%) of the Fare if cancelled less than seven (7) days, but more than two (2) days, of the arranged departure date; or
(b) twenty percent (20%) of the Fare if cancelled less than two (2) days of the arranged departure date.
8.3 Refunds are made at point of ticket issue only or on written application in the case of website internet ticket purchase.
8.4 The Company shall not grant any refund of the Fare where the Passenger fails to board the coach.
8.5 Applicable cancellation fees are detailed on the Company’s marketing material; otherwise the cancellation fees will be as per clause 8.2.

9 Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
9.2 Where the Customer purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
9.3 Liability of the Company for any breach of warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by the Company:
(a) rectifying the Services; or
(b) providing the Services again; or
(c) paying for the Services to be provided again.
9.4 If the Company is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 9.3 or the CCA, but is unable to do so, then the Company may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Customer which were not defective.

10 Default and Consequences of Default
10.1 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 one half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
10.2 If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s contract default fee, and bank dishonour fees).
10.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of hire the Company may or suspend or terminate the provision of Services to the Customer and any Terms and Conditions (Passenger and Charter Services) of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customersuffers because the Company has exercised its rights under this clause.
10.4 Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customerwhich remains unperformed in addition to and without prejudice to any other remedies the Company may have and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer 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 Customer or any asset of the Customer.

11 Privacy Act 1988
11.1 The Customer agrees for the Company 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 Customer in relation to credit provided by the Company.
11.2 The Customer agrees that the Company may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
11.3 The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit.
11.4 The Customer agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Services.
11.5 The Company may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
11.6 The information given to the CRB may include:
(a) personal information as outlined in 11.1 above;
(b) name of the credit provider and that the Company is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Company has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Company, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
11.7 The Customer shall have the right to request (by e-mail) from the Company:
(a) a copy of the information about the Customer retained by the Company and the right to request that the Company correct any incorrect information; and
(b) that the Company does not disclose any personal information about the Customer for the purpose of direct marketing.
11.8 The Company will destroy personal information upon the Customer’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.
11.9 The Customer can make a privacy complaint by contacting the Company via e-mail. The Company 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 Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.

12 General
12.1 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’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.
12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the Company has its principal place of business, and are subject to the jurisdiction of the courts in that state.
12.3 Subject to clause 9, the Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Fare).
12.4 The Customer shall not be entitled to set off against, or deduct from the Fare, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.Terms and Conditions (Passenger and Charter Services)
12.5 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
12.6 The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customerwill be taken to have accepted such changes if the Customer makes a further request for the Company to provide any Services to the Customer.
12.7 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.
12.8 The Customer 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.
12.9 The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customer’s failure to comply with this clause.

13 Personal Property Securities Act 2009 (“PPSA”)
13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
13.2 Upon assenting to these terms and conditions in writing the Customer 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 collateral (account), being a monetary obligation of the Customer to the Company for Services that has previously been provided and that will be provided in the future by the Company to the Customer.
13.3 The Customer 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 the Company 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 13.3(a)(i) or 13.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Company 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 registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Company;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Services in favour of a third party without the prior written consent of the Company.
13.4 The Company and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
13.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
13.7 Unless otherwise agreed to in writing by the Company, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
13.8 The Customer must unconditionally ratify any actions taken by the Company under clauses 13.3 to 13.5.
13.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

14 Security and Charge
14.1 In consideration of the Company agreeing to provide Services, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The Customer indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.
14.3 The Customer irrevocably appoints the Company and each director of the Company as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

Terms and Conditions (Workshop and Panelshop)

1. Definitions
1.1 “Company” means Ore Investments Pty Ltd, its trading entities, successors and assigns or any person acting on behalf of and with the authority of Ore Investments Pty Ltd.
1.2 “Customer” means the person/s purchasing the Works as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Works” means all Works provided by the Company to the Customer at the Customer’s request from time to time (and where the context so permits shall include any supply of Parts as hereinafter defined).
1.4 “Parts” shall mean Parts supplied by the Company to the Customer either separately, or as part of the Works (and where the context so permits shall include the provision of Works as defined above).
1.5 “Price” means the Price payable for the Works as agreed between the Company and the Customer in accordance with clause 4 below.

2. Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts provision of the Works.
2.2 The Company (at their sole discretion) shall only provide the Works after receipt of a duly authorised purchase order from the Customer confirming their request thereof.
2.3 These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.

3. Change in Control
3.1 The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customer’s failure to comply with this clause.

4. Price and Payment
4.1 At the Company’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Company to the Customer; or
(b) the Company’s estimated Price (subject to clause 5) which shall not be deemed binding upon the Company as the actual Price can only be determined upon completion of the Works. The Company undertakes to keep the Customer informed should the actual Price look likely to exceed the original estimate; or
(c) the Company’s quoted Price (subject to clause 5) which shall be binding upon the Company provided that the Customer shall accept the Company’s quotation in writing within thirty (30) days of issue; and
(d) unless specifically stated otherwise in writing by the Company, any freight charges or other costs to suppliers for Parts shall not be included in the Price.
4.2 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Company, which may be:
(a) on collection of the Parts or vehicle; or
(b) for approved Customer’s, due thirty (30) days following the date of any invoice given to the Customer by the Company;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
4.3 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%)of the Price for any Amex, JCB or Diners transaction), or by any other method as agreed to between the Customer and the Company.
4.4 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Company an amount equal to any GST the Company must pay for any provision of Works by the Company under this or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer 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.

5. Additional Charges
5.1 The Company reserves the right to change the Price:
(a) if a variation to the Works which are to be provided is requested; or
(b) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Works; or
(c) in the event of increases to the Company in the cost of labour or Parts which are beyond the Company’s control.
5.2 Where the Company is requested to store the Customer’s Parts or vehicle, or where Parts or vehicles are not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then the Company (at its sole discretion) may charge the Customer a reasonable fee for storage.
5.3 For mobile Works, a minimum call-out fee (equal to one (1) hour labour, plus travel costs) shall be applicable, which shall be increased (to two (2) hours labour, plus travel costs) for any after-hours call-outs.
5.4 All tow and/or salvage fees will be charged to the Customer, and will be added to the Price.
5.5 If the Company has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
5.6 The Customer acknowledges and agrees that the Company shall be entitled to:
(a) retain any components replaced during the provision of the Works; and
(b) the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.
5.7 Where it has been agreed to between the parties that the Customer will pay the Price by instalments, the Customer acknowledges and agrees that a handling fee and reasonable interest charges shall be applicable.

6. Provision of the Works
6.1 Where the Company is to provide any Works at the Customer’s nominated address, then the Customer shall be liable for all costs incurred by the Company from the time they depart from, and until they return to, their normal place of work (including, but not limited to, mileage and time calculated at the Company’s standard rates and any Parts purchased for the Works).
6.2 The Company may provide the Works in separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
6.3 Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept provision of the Works even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of this.

7. Risk
7.1 The Customer acknowledges that the Company is only responsible for Parts that are replaced by the Company and that in the event that other components subsequently fail, the Customer agrees to indemnify the Company against any loss or damage to the vehicle, Parts, or caused by the components, or any part thereof howsoever arising.
7.2 The Company shall not be liable for the loss of or damage to the vehicle, its accessories or contents while being serviced or being driven in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of the Company or the Company’s employees.
7.3 It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at the Company’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.

8. Title
8.1 The Customer acknowledges and agrees that the Customer’s obligations to the Company for the provision of Works shall not cease, and subsequent ownership of the Parts shall not pass, until:
(a) the Customer has paid the Company all amounts owing for the Works; and
(b) the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
8.2 Receipt by the Company 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 the Company’s ownership or rights in respect of this agreement (and the Works) shall continue.
8.3 It is further agreed that:
(a) until ownership of the Works passes to the Customer in accordance with clause 8.1, the Customer is only a bailee of the Parts and must return the Parts to the Company on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Parts on trust for the Company and must pay to the Company the proceeds of any insurance in the event of the Parts being lost, damaged or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Parts other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Parts then the Customer must hold the proceeds of any such act on trust for the Company and must pay or deliver the proceeds to the Company on demand.
(d) the Customer should not convert or process the Parts or intermix them with other Parts but if the Customer does so then the Customerholds the resulting product on trust for the benefit of the Company and must sell, dispose of or return the resulting product to the Company as it so directs.
(e) the Customer irrevocably authorises the Company to enter any premises where the Company believes the Parts are kept and recover possession thereof.
(f) the Customer shall not charge or grant an encumbrance over the Parts nor grant nor otherwise give away any interest in the Parts while they remain the property of the Company.
(g) the Company may commence proceedings to recover the Price of the Works notwithstanding that ownership of the Parts has not passed to the Customer.

9. Personal Property Securities Act 2009 (“PPSA”)
9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Customer 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 Parts and collateral (accounts) – being a monetary obligation of the Customer to the Company for Works – previously provided, and that will be provided in the future, by the Company to the Customer.
9.3 The Customer 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 the Company 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 9.3(a)(i) or 9.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Company 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 registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Company;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Parts and collateral (accounts) in favour of a third party without the prior written consent of the Company.
9.4 The Company and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
9.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
9.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by the Company, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
9.8 The Customer must unconditionally ratify any actions taken by the Company under clauses 9.3 to 9.5.
9.9 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.

10. Security and Charge
10.1 In consideration of the Company agreeing to provide the Works, the Customer 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 Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
10.2 The Customer indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.
10.3 The Customer irrevocably appoints the Company and each director of the Company as the Customer’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 Customer’s behalf.

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
11.1 The Customer must inspect the Works on provision and shall within twenty-four (24) hours of such time (being of the essence) notify the Company in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Company to inspect/review the Works.
11.2 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). The Company 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, the Company makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Works. The Company’s liability in respect of these warranties is limited to the fullest extent permitted by law. If the Customer is a consumer within the meaning of the CCA, the Company’s liability is limited to the extent permitted by section 64A of Schedule 2. If the Company is required to rectify, re-provide, or pay the cost of re-providing the Works under this clause or the CCA, but is unable to do so, then the Company may refund any money the Customer has paid for the Works but only to the extent that such refund shall take into account the value of Works and/or Parts which have been provided to the Customer which were not defective.
11.3 If the Customer is not a consumer within the meaning of the CCA, the Company’s liability for any defect or damage in the Works is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by the Company at the Company’s sole discretion;
(b) limited to any warranty to which the Company is entitled, if the Company did not manufacture the Parts;
(c) otherwise negated absolutely.
11.4 Notwithstanding clauses 11.1 to 11.3 but subject to the CCA, the Company 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 Customer failing to properly maintain or store the vehicle;
(b) the Customer using the vehicle for any purpose other than that for which they were designed;
(c) the Customer continuing the use of the vehicle after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by the Company;
(e) fair wear and tear, any accident, or act of God.
11.5 Notwithstanding anything contained in this clause if the Company is required by a law to accept a return then the Company will only accept a return on the conditions imposed by that law.
11.6 The Customer acknowledges and agrees that:
(a) warranty repairs exclude fluids, belts, gaskets, or other consumables unless expressly covered by warranty.
(b) if a vehicle or component is submitted for repair under a warranty or insurance claim, and the claim is declined or payment delayed, the Customer is liable for payment and agrees to pay for any such repair.

12. Default and Consequences of Default
12.1 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 the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s contract default fee, and bank dishonour fees).
12.3 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Company may suspend or terminate the provision of Works to the Customer. The Terms & Conditions (Workshop Maintenance, Panel and Paint Services) Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
12.4 Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer 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 Customer or any asset of the Customer.

13. Cancellation
13.1 The Company may cancel any contract to which these terms and conditions apply or cancel provision of the Works at any time before the Works have commenced (or Parts delivered) by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any money paid by the Customer for the Works. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.2 In the event that the Customer cancels provision of the Works, the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Company as a direct result of the cancellation (including, but not limited to, any loss of profits).
13.3 Cancellation of orders for Parts made, modified or sourced by the Company to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once an order has been placed.

14. Privacy Act 1988
14.1 The Customer agrees for the Company 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 Customer in relation to credit provided by the Company.
14.2 The Customer agrees that the Company may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
14.3 The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit.
14.4 The Customer agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by):
(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.
14.5 The Company may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
14.6 The information given to the CRB may include:
(a) personal information as outlined in 14.1 above;
(b) name of the credit provider and that the Company is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Company has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Company, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
14.7 The Customer shall have the right to request (by e-mail) from the Company:
(a) a copy of the information about the Customer retained by the Company and the right to request that the Company correct any incorrect information; and
(b) that the Company does not disclose any personal information about the Customer for the purpose of direct marketing.
14.8 The Company will destroy personal information upon the Customer’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.
14.9 The Customer can make a privacy complaint by contacting the Company via e-mail. The Company 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 Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.Terms & Conditions (Workshop Maintenance, Panel and Paint Services)

15. Unpaid Seller’s Rights
15.1 Where the Customer has left any item with the Company for repair, modification, exchange or for the Company to perform any other service in relation to the item and the Company has not received or been tendered the whole of any moneys owing to it by the Customer, the Company shall have, until all moneys owing to the Company are paid:
(a) a lien on the item; and
(b) 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.
15.2 The lien of the Company shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Companyhaving been obtained against the Customer.

16. General
16.1 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’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.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the Company has its principal place of business, and are subject to the jurisdiction of the Kalgoorlie Court in that state.
16.3 Subject to clause 11, the Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions(alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price).
16.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
16.5 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, and:
(a) the Company does not warrant the accuracy or quality of the sub-contractor’s work or warrant that any recommendations of the sub-contractor are appropriate or adequate or are fit for their purpose or that they are not given negligently; and
(b) the Customer shall not make any demand on the Company or commence any legal proceedings against the Company, and the Company shall have no liability, whether in negligence or otherwise, to the Customer in relation to any work performed by the sub-contractor.
16.6 The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Works to the Customer.
16.7 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.
16.8 The Customer 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.