Terms & Conditions

CableCat Communication & Property Maintenance – Terms & Conditions of Trade

1. Definitions
   • “CableCat Comm” means Chris Richardson T/A CableCat Communication & Property Maintenance, its successors and assigns or any person acting on behalf of and with the authority of Chris Richardson T/A CableCat Communication & Property Maintenance.
   • “Customer” means the person/s ordering the Services 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.
   • “Services” means all Services (including consultation, manufacturing and/or installation services) or Goods supplied by CableCat Comm to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Services’ or ‘Goods’ shall be interchangeable for the other).
   • “Price” means the Price payable (plus any GST where applicable) for the Services as agreed between CableCat Comm and the Customer in accordance with clause 5 below.
   • “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.

2. Acceptance
   • 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 delivery of any Services.
   • These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and CableCat Comm.
   • The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with Prentice Comm and it has been approved with a credit limit established for the account.
   • In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, CableCat Comm reserves the right to refuse delivery.
   • CableCat Comm reserves the right to substitute comparable Goods (or components of the Goods), and in all such cases CableCat Comm will notify the Customer in advance of any such substitution.
   • The Customer acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, CableCat Comm reserves the right to vary the Price with alternative Goods as per clause 2.5.
   • Notwithstanding clause 2.6 CableCat Comm also reverses the right at their discretion to introduce additional new Goods as part of the Goods to be supplied.

3. Electronic Transactions Act 2000
   • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 7 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control
   • The Customer shall give CableCat Comm 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 CableCat Comm as a result of the Customer’s failure to comply with this clause.

5. Price and Payment
   • At CableCat Comm’s sole discretion the Price shall be either:
     • as indicated on invoices provided by CableCat Comm to the Customer in respect of Services performed or Goods supplied; or
     • CableCat Comm’s Price at the date of delivery of the Services according to CableCat Comm’s current pricelist; or
     • CableCat Comm’s quoted Price (subject to clause 5.2) which shall be binding upon CableCat Comm provided that the Customer shall accept CableCat Comm’s quotation in writing within thirty (30) days.
   • CableCat Comm reserves the right to change the Price if a variation to CableCat Comm’s quotation is requested. Any variation from the plan of scheduled Services or specifications (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to CableCat Comm in the cost of taxes, levies, materials and labour ,any variation as a result of additional Services required due to unforeseen circumstances such as obscured site defects, limitations to accessing the site and crawl spaces, availability of machinery, safety considerations, design change, prerequisite work by any third party not being completed) will be charged for on the basis of CableCat Comm’s quotation and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by Prentice Comm within ten (10) working days. Failure to do so will entitle CableCat Comm to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
   • At CableCat Comm’s sole discretion a non-refundable deposit may be required.
   • Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by CableCat Comm, which may be:
     • on delivery of the Goods; or
     • by way of progress payments in accordance with CableCat Comm’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Goods delivered to the site but not yet installed; or
     • seven (7) days following the date of invoice; or
     • thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
     • the date specified on any invoice or other form as being the date for payment; or
     • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by CableCat Comm.
   • Payment may be made by cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and CableCat Comm.
   • 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 CableCat Comm nor to withhold payment of any invoice because part of that invoice is in dispute.
   • Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to CableCat Comm an amount equal to any GST CableCat Comm must pay for any supply by CableCat Comm under this or any other agreement for the sale of the Goods. 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.

6. Delivery of the Services
   • Subject to clause 6.2 it is CableCat Comm’s responsibility to ensure that the Services start as soon as it is reasonably possible.
   • The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that CableCat Comm claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond CableCat Comm’s control, including but not limited to any failure by the Customer to:
     • make a selection; or
     • have the site ready for the Services; or
     • notify CableCat Comm that the site is ready.
   • CableCat Comm may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
   • Any time specified by CableCat Comm for delivery of the Services is an estimate only and CableCat Comm will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that CableCat Comm is unable to supply the Services as agreed solely due to any action or inaction of the Customer, then CableCat Comm shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date, and/or for storage of the Goods.

7. Risk
   • If CableCat Comm retains ownership of the Goods under clause 11 then:
     • where CableCat Comm is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either;
       • the Customer or the Customer’s nominated carrier takes possession of the Goods at CableCat Comm’s address; or
       • the Goods are delivered by CableCat Comm or CableCat Comm’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
     • where CableCat Comm is to both supply and install Goods then CableCat Comm shall maintain a contract Services insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Customer.
   • Notwithstanding the provisions of clause 7.1 if the Customer specifically requests CableCat Comm to leave Goods outside CableCat Comm’s premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer’s expense.
   • CableCat Comm shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, CableCat Comm accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
   • The Customer acknowledges that Goods supplied may:
     • fade or change colour over time; and
     • expand, contract or distort as a result of exposure to heat, cold, weather; and
     • mark or stain if exposed to certain substances; and
     • be damaged or disfigured by impact or scratching.
   • The Customer acknowledges and agrees that it is their responsibility to insure any equipment partly or completely installed on site, against theft or damage.
   • In the event that the electrical wiring is required to be re-positioned at the request of any third party contracted by the Customer then the Customer agrees to notify CableCat Comm immediately upon any proposed changes. The Customer agrees to indemnify CableCat Comm against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 5.2.
   • Where the Customer has supplied materials for CableCat Comm to complete the Services, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. CableCat Comm shall not be responsible for any defects in the Services, any loss or damage to the Goods (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
   • Where CableCat Comm is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and CableCat Comm shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
   • The Customer acknowledges that CableCat Comm is only responsible for parts that are replaced by CableCat Comm and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify CableCat Comm against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
   • In the event that CableCat Comm discovers asbestos/hazardous materials whilst undertaking any Services CableCat Comm shall immediately advise the Customer of the same and shall be entitled to suspend the Services pending a risk assessment in relation to those materials. The Customer shall be liable for all additional costs (howsoever arising) incurred by CableCat Comm as a result of the discovery of asbestos/hazardous materials and/or any suspension of Services in relation thereto.
   • The Customer accepts that electronic security systems, smoke, heat and like detectors installed to / at their premises:
     • are for monitoring and detection purposes and should not be seen as a life saving device; and
     • does not guarantee the site will be free from malicious damage or losses caused by attack, break and/or enter.
   • It shall be the Customer’s responsibility:
     • to ensure the security system equipment is tested and maintained to full operational condition; and
     • for all phone calls or data transmissions emanating from the security system panel; and
     • to ensure all electronically protected areas are free from obstacles which may impair the operation of the system.
   • The Customer acknowledges and agrees that:
     • CableCat Comm does not guarantee the performance or transmission speed or quality of any data; and
     • transmission of data may be unavailable from time to time due to scheduled maintenance and/or upgrades to websites, software applications, servers or networks by third parties; and
     • there are inherent hazards in electronic distribution (including, but not limited to electrical interference, surges or spikes, high traffic volume affecting speed, etc.) and as such CableCat Comm cannot warrant against delays or errors in transmitting data between the Customer and any person or entity the Customer conducts communications with including monitoring data, and you agree that CableCat Comm will not be liable for any losses which the Customer suffers as a result of delays or errors in transmitting data or other communications and/or documents.
   • Where the Customer updates or upgrades any software or hardware that may interface with CableCat Comm’s alarm or monitoring applications without advising CableCat Comm, the Customer shall indemnify CableCat Comm of any loss or damage the Customer or the Customer’s property or possessions may incur as a result of the Customer’s failure to advise CableCat Comm of any such update or upgrade that may affect the effectiveness of the alarm or monitoring.
   • The Customer acknowledges that:
     • all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in CableCat Comm’s or manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by CableCat Comm;
     • while CableCat Comm may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that CableCat Comm has given these in good faith, and are estimates industry prescribed estimates under optimal operating conditions.
   • The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

8. Access
   • The Customer shall ensure that CableCat Comm has clear and free access to the work site at all times to enable them to undertake the works. CableCat Comm shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of CableCat Comm.

9. Underground Locations
   • Prior to CableCat Comm commencing any work the Customer must advise CableCat Comm of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
   • Whilst CableCat Comm will take all care to avoid damage to any underground services the Customer agrees to indemnify CableCat Comm in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 9.1.

10. Compliance with Laws
    • The Customer and CableCat Comm shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
    • The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
    • The Customer agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.
    • All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations, applicable Act, and/or Codes of Practice. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
    • If during the course of installation when the Services are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by CableCat Comm, then CableCat Comm shall notify the Customer immediately. The power if isolated will not be re-energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Customer accepts and agrees that any costs associated with the rectification Services including any Goods and labour shall be to the Customer’s account.
    • Any live Services or Services undertaken near live conductors where it is safe to do so shall be dealt with in accordance with Australian and New Zealand Wiring standards being “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and Statutory Acts and Work Place Regulations”. CableCat Comm’s live Services procedures are designed to eliminate risk of injury to CableCat Comm’s employees, damage to the Customer’s installations and unexpected power disconnections. It may in some cases require disconnection and isolation of the installation to undertake such Services for which additional charges may be applicable. This shall be invoiced in accordance with clause 5.2.

11. Title
    • CableCat Comm and the Customer agree that ownership of the Goods shall not pass until:
      • the Customer has paid CableCat Comm all amounts owing to CableCat Comm; and
      • the Customer has met all of its other obligations to CableCat Comm.
    • Receipt by CableCat Comm 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.
    • It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 11.1:
      • the Customer is only a bailee of the Goods and unless the Goods have become fixtures must return the Goods to CableCat Comm on request.
      • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for CableCat Comm and must pay to CableCat Comm the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the production of these terms and conditions by CableCat Comm shall be sufficient evidence of CableCat Comm’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with CableCat Comm to make further enquiries.
      • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for CableCat Comm and must pay or deliver the proceeds to CableCat Comm on demand.
      • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of CableCat Comm and must sell, dispose of or return the resulting product to CableCat Comm as it so directs.
      • unless the Goods have become fixtures the Customer irrevocably authorises CableCat Comm to enter any premises where CableCat Comm believes the Goods are kept and recover possession of the Goods.
      • CableCat Comm may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of CableCat Comm.
      • CableCat Comm may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

12. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    • 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 Goods and/or collateral (account) – being a monetary obligation of the Customer to CableCat Comm for Services – that have previously been supplied and that will be supplied in the future by CableCat Comm to the Customer.
    • The Customer undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which CableCat Comm may reasonably require to:
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);
      • indemnify, and upon demand reimburse, CableCat Comm for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of CableCat Comm;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of CableCat Comm;
      • immediately advise CableCat Comm of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • CableCat Comm 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.
    • The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by CableCat Comm, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Customer shall unconditionally ratify any actions taken by CableCat Comm under clauses 12.3 to 12.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 12) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13. Security and Charge
    • In consideration of CableCat Comm agreeing to supply the Goods, 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).
    • The Customer indemnifies CableCat Comm from and against all CableCat Comm’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising CableCat Comm’s rights under this clause.
    • The Customer irrevocably appoints Prentice Comm and each director of CableCat Comm 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)
    • The Customer must inspect all Goods on delivery (or the Services on completion) and must within seven (7) days of delivery notify CableCat Comm in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow CableCat Comm to inspect the Goods or to review the Services provided.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • CableCat Comm 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, CableCat Comm makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Services. CableCat Comm’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, CableCat Comm’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If CableCat Comm is required to replace any Goods under this clause or the CCA, but is unable to do so, CableCat Comm may refund any money the Customer has paid for the Goods.
    • If CableCat Comm is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do so, then CableCat Comm 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 and Goods which have been provided to the Customer which were not defective.
    • If the Customer is not a consumer within the meaning of the CCA, CableCat Comm’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty or warranty card provided to the Customer by CableCat Comm at CableCat Comm’s sole discretion;
      • limited to any warranty to which CableCat Comm is entitled, if CableCat Comm did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 14, returns will only be accepted provided that:
      • the Customer has complied with the provisions of clause 14.1; and
      • CableCat Comm has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 14.1 to 14.9 but subject to the CCA, CableCat Comm shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Customer failing to properly maintain or store any Goods;
      • the Customer using the Goods for any purpose other than that for which they were designed;
      • the Customer continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • interference with the Services by the Customer or any third party without CableCat Comm’s prior approval;
      • the Customer failing to follow any instructions or guidelines provided by CableCat Comm;
      • fair wear and tear, any accident, or act of God.
    • CableCat Comm may in its absolute discretion accept non-defective Goods for return in which case CableCat Comm may require the Customer to pay handling fees of up to twenty percent (20%) of the value of the returned Goods plus any freight costs.
    • Notwithstanding anything contained in this clause if CableCat Comm is required by a law to accept a return then CableCat Comm will only accept a return on the conditions imposed by that law.

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

16. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at CableCat Comm’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes CableCat Comm any money the Customer shall indemnify CableCat Comm from and against all costs and disbursements incurred by CableCat Comm in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CableCat Comm’s contract default fee, and bank dishonour fees).
    • Further to any other rights or remedies CableCat Comm may have under this contract, if a Customer has made payment to CableCat Comm, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by CableCat Comm under this clause 16 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
    • Without prejudice to CableCat Comm’s other remedies at law CableCat Comm shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to CableCat Comm shall, whether or not due for payment, become immediately payable if:
      • any money payable to CableCat Comm becomes overdue, or in CableCat Comm’s opinion the Customer will be unable to make a payment when it falls due;
      • the Customer has exceeded any applicable credit limit provided by CableCat Comm;
      • the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

17. Cancellation
    • Without prejudice to any other remedies CableCat Comm may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions CableCat Comm may suspend or terminate the supply of Services to the Customer. CableCat Comm will not be liable to the Customer for any loss or damage the Customer suffers because CableCat Comm has exercised its rights under this clause.
    • CableCat Comm may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced by giving written notice to the Customer. On giving such notice CableCat Comm shall repay to the Customer any sums paid in respect of the Price, less any amounts owing by the Customer to CableCat Comm for Services already performed. CableCat Comm shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Customer cancels the delivery of Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by CableCat Comm as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for products made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

18. Dispute Resolution
    • If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
      • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
      • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

19. Privacy Act 1988
    • The Customer agrees for CableCat Comm 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 CableCat Comm.
    • The Customer agrees that CableCat Comm may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
      • to assess an application by the Customer; and/or
      • to notify other credit providers of a default by the Customer; and/or
      • 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
      • to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
    • The Customer consents to CableCat Comm being given a consumer credit report to collect overdue payment on commercial credit.
    • The Customer agrees that personal credit information provided may be used and retained by CableCat Comm for the following purposes (and for other agreed purposes or required by):
      • the provision of Services; and/or
      • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
      • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      • enabling the collection of amounts outstanding in relation to the Services.
    • CableCat Comm may give information about the Customer to a CRB for the following purposes:
      • to obtain a consumer credit report;
      • allow the CRB to create or maintain a credit information file about the Customer including credit history.
    • The information given to the CRB may include:
      • personal information as outlined in 19.1 above;
      • name of the credit provider and that CableCat Comm is a current credit provider to the Customer;
      • whether the credit provider is a licensee;
      • type of consumer credit;
      • 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);
      • 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 CableCat Comm has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
      • information that, in the opinion of CableCat Comm, the Customer has committed a serious credit infringement;
      • advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    • The Customer shall have the right to request (by e-mail) from Prentice Comm:
      • a copy of the information about the Customer retained by CableCat Comm and the right to request that CableCat Comm correct any incorrect information; and
      • that CableCat Comm does not disclose any personal information about the Customer for the purpose of direct marketing.
    • CableCat Comm 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.
    • The Customer can make a privacy complaint by contacting CableCat Comm via e-mail. CableCat Comm 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. Unpaid Seller’s Rights
    • Where the Customer has left any item with Prentice Comm for repair, modification, exchange or for CableCat Comm to perform any other service in relation to the item and CableCat Comm has not received or been tendered the whole of any monies owing to it by the Customer, CableCat Comm shall have, until all monies owing to CableCat Comm are paid:
      • a lien on the item; and
      • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    • The lien of CableCat Comm shall continue despite the commencement of proceedings, or judgment for any monies owing to CableCat Comm having been obtained against the Customer.

21. Service of Notices
    • Any written notice given under this contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this contract;
      • by sending it by registered post to the address of the other party as stated in this contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

22. Building and Construction Industry Security of Payments Act 2009
    • At CableCat Comm’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 2009 may apply.
    • Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2009 of Victoria, except to the extent permitted by the Act where applicable.

23. Building and Construction Industry Security of Payment Act 2002
    • At CableCat Comm’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.
    • Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

24. General
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which CableCat Comm has its principal place of business, and are subject to the jurisdiction of the courts in Victoria.
    • Subject to clause 14 CableCat Comm 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 CableCat Comm of these terms and conditions (alternatively CableCat Comm’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
    • Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party.
    • The Customer agrees that CableCat Comm may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for CableCat Comm to provide Services to the Customer.
    • 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.
    • Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.