TERMS & CONDITIONS

Please take your time to read through our Terms and Conditions before signing the contract. The following terms and conditions apply to all kitchens/furniture that are supplied by Innoco Pty Ltd. As exclusive distributor for Häcker Kitchen Germany in Australia.

  1. INTERPRETATION

1.1 In these conditions the following words shall unless the context otherwise require have the following meanings:

1.2 “You; Your/s; they; The Customer; The Client”, and “the Order; Furniture; Goods” shall be as specified in the attached order and quotation (“the Quotation”)

1.3 “We; Us; Our; Hacker Kitchens Australia; Innoco” Innoco Pty Ltd.

1.4 “The Contract; Order Invoice; Agreement” the contract for the sale or supply of Goods and/or Services including any amendments thereto to be agreed in writing by the client & Innoco Pty Ltd.

1.5 “The Contractual Documents” the quotation, Order Invoice, this terms & conditions, drawings and any other documents or plans specified in the quotation or Order Invoice.

1.6 “Third Party Trade Person/s” is those which comprise installation teams, carpenter, plumber, electrician, plasterer, tiler, builder or any other type of skilled or unskilled manual worker.

1.7 “The Conditions” the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) including any special terms agreed in writing between Innoco Pty Ltd. and the client.

  1. AMENDMENTS

2.1 Innoco reserves the right to update our terms and conditions without any prior notice. If you do not agree or accept the new conditions you should not continue to order any further products. If you continue to order after the date on which changes come into effect your orders or purchases indicate your agreement to be bound by the new terms.

2.2 Changes/amendment to Terms and Conditions do not affect previously signed/agreed Terms and Conditions.

  1. PERSONAL INFORMATION

3.1 You warrant that the personal information which you provide to complete debit, credit card or any other payment transactions are true, accurate, current and complete in all respects.

3.1 You are not impersonating any other persons or entity.

3.2 Phone calls to and from us may be recorded for monitoring and training purposes.

  1. THIRD PARTY LINKS

4.1 As a convenience to our customers, we may recommend and our website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse these.

4.2 We will not be liable, whether directly or indirectly for the privacy practices or content of such websites, companies or products nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, material or services available on such external websites or sources.

  1. ORDERS, DELIVERY & FULFILMENT

5.1 All orders are subject to acceptance and availability. If the goods ordered are not available for any reason, you will be notified by telephone. You will have the option either to wait until the item is available from stock or to cancel your order for that particular part. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to signing this Agreement. The conclusion of a contract between you and us will take place upon successfully completing the delivery of goods and services as described in the Order Invoice. By accepting these terms and conditions when you make a purchase, you authorise us to process payments from the credit or debit card details supplied and to conduct validation checks by cross checking your details. We will take all responsible care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from us. From time to time we reserve the right to perform additional security checks.

5.2 Once you have ordered a product from us you will be given an estimated time of arrival. If, due to unforeseen circumstances we cannot deliver on time we will contact you to make an alternative arrangement that will suit both parties.

5.3 On the day of delivery, goods can be delivered between 8:30 and 17:30 (Monday-Friday) unless a timed delivery has been paid for. If you or an authorised representative are not present on the agreed date the items will be taken back to our premises. This will incur admin, re-stocking, customs and re-delivery charges which must be paid for prior to the re-arranged date and time.

5.4 We reserve the right to make deliveries by instalments.

  1. DAMAGED GOODS

6.1 If in the unlikely event you receive goods which are damaged you must inform us within 24 hours of receiving the goods by telephone or E-mail. You may be asked to provide photos or detailed description of any damages.

6.2 If damage is not reported after 24 hours it is at our discretion and any damage reported after 7 days will not be eligible for refund, exchange or compensation.

6.3 Orders are accepted and dates for delivery given, without responsibility for delays arising through risks and uncertainties of manufacture, accidents and strikes, and other causes beyond our control.

6.4 If remedial items are needed for your project for any reason these items will either be sent on the next available container for larger items or sent via air freight for smaller items. If these do not have any impact on the use of the delivered products, then payments would still need to be made when due upon substantial completion.

  1. PRICES & PAYMENT

7.1 All quoted and advertised prices are fully inclusive at the current exchange rates and are correct at the time of entering the information on our system. We reserve the right to change advertised or quoted prices at any time without notice to you, prior to agreeing on The Contract.

7.2 The Price for the Goods and or Services shall be paid in accordance with the provisions set out in our quotation and the Order Invoice.

7.3 If payment of the price for the contract or any part of it is not made by the due date then without prejudice to all or remedies against the client, we shall be entitled to levy an administration charge of 4.5%.

7.4 If any monies are not paid to us by the due date as per your agreed contract and in turn breaching your contract then we are entitled to immediate payment in full of all outstanding monies, the total value of the contract including storage, products and any other administrative charges. The account and all contract works will cease until the account is settled.

7.5 All furniture, kitchens, cabinets, worktops, sinks & taps and accessories remain our property until paid in full.

7.6 All payments and final balances need to be made to Innoco as per the terms of the contract. Failure to provide this payment will result in a delay in delivering your kitchen or other furniture.

7.7 All deposits and payments are non-refundable, with the exception of design service fees which are deductible from the total contract price where the order commitment takes place.

7.8 We accept Visa and MasterCard for payments. Additional transaction charges may apply.

7.9 Payment will be taken from your card immediately as you place the order.

7.10 You confirm that the credit or debit card that is being used is yours. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer.

7.11 If the issuer of your payment card refuses to, or does not, for any reason, authorise payment to us, we will not be liable to you for any delay or non-delivery.

7.12 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  1. COLOUR MATCHING & SAMPLES

8.1 Should Innoco be asked to colour match any product, a reasonable tolerance will need to be allowed for due to material and reflective properties of different finishes. If in any doubt we would ask for a sample to be signed for and agreed. If this is not done then our company standard sample will be provided.

8.2 The Customer acknowledges that any product samples shown to the Customer are indicative only. The Customer accepts eventual slight variations in colour when placing the order. For example, and without limitation, wood finishes can vary in colour over time due to exposure to light and the aging of the wood. In the case of additional orders, the Supplier cannot guarantee an exact colour match and the same wood grain as the original products or sample.

  1. FINAL DRAWINGS & CONTRACT

9.1 The final drawings in the contract signed by the client will be the final kitchen or furniture layout that the client will receive at time of delivery. Any amendments made after your contract is signed, will be made at your cost.

9.2 If Innoco make any amendments to the final signed drawings and this has an impact to the fitting of the kitchen/furniture it is our responsibility to meet the cost and provide additional pieces of furniture.

9.3 If you, the customer, make any amendments to the final signed drawings and this has an impact on the fitting of the kitchen/furniture it is the customer’s responsibility to meet the cost and provide additional pieces of furniture. Innoco will provide any additional pieces of furniture required at a charge to the client if this occurs, subject to the client’s written approval.

9.4 If the Client is providing building and MEP dimensions, it is the Client’s responsibility to exhaustively check that they are completely satisfied with all the dimensions that have been provided to us. This includes room size, height of the room, units, colour, style and position all doors, windows, switches, socket, gas supply, water supply and drainage. If any dimensions provided turn out to be incorrect you may incur subsequent charges as in 15.3. Any drawings supplied to us must be signed off by the client.

9.5 It is the Client’s responsibility to exhaustively check that they are completely satisfied with the selected furniture sizes, style, design and colours. If it is agreed that Innoco is taking site measurements, it is our sole responsibility to ensure that all measurements are correct and the furniture fits perfectly as shown in the attached designs. If the client is not providing building dimensions, it is our sole responsibility to ensure that they take all necessary measurements prior to placing this order. Innoco is responsible for providing the client with MEP designs within the agreed time from signing this Agreement. The Client will ensure MEP designs meet our exact requirements.

9.6 Unless the final contract and the Terms & Conditions are signed, Innoco will not proceed with the manufacturing order of your kitchen/furniture.

9.7 Final drawings are only indicative of finishes, colours, handles and details and are for illustration purposes only and are for confirmation of design and layout rather than exact colour/finish matches.

  1. CLEAN SITE & READY SITE

10.1 The Customer is responsible for preparing the premises and providing a clean site & ready site to allow the installation of the Products by the Installer. For the purposes of this clause "clean site & ready" means all preparation work in relation to the Premises and site for installing/delivery of the Products being completed including without limitation, structural, flooring, substrate, MEP works finished and tested including active air conditioning and the Premises being in a clean and clear condition allowing unimpeded access for the purpose of installing the Products. There must be permanent supply from Electric and Water Authority or the local Utility Supplier. The Customer agrees that unless otherwise agreed in writing, the Purchase Price is determined on the basis of the Customer providing a clean site & ready site before the Supplier commences installing the Products. If in the reasonable opinion of the Installer, the Customer has failed to provide a clean site, the Installer is not obliged to deliver or commence installing the Products until such time as the Customer provides a clean site to the Installer's satisfaction. The Client understands the criteria required on site for delivery and installation, as outlined in section 10.

10.2 In such a case the customer will be liable for delay and storage charges outlined in section 14 of these terms and conditions.

10.3 If the client insists on taking delivery and/or commencing installation by ignoring our recommendations the client will be asked to sign a delivery waiver and the warranty will be void. The account including storage must be settled in full and the client will assume full responsibility and liability of the furniture on site.

10.4 Even after a delivery waiver is signed by the client it is at Innoco’s discretion and usually after a site inspection as to whether we would allow the goods to be delivered to site and installation commence.

10.5 If installation commences after a delivery waiver is signed and against our recommendations the client may incur additional installation charges if the Installer is unable to complete the project in our standard timeframes. Delays affecting third party contractors and teams, may incur surcharges.

  1. SECURITY

11.1 The Customer is responsible for securing the Premises and ensuring that the Premises are safe and dry at all times. Innoco and/or the Installer will not be responsible for any loss or damage to Products as a result of the Premises not being secure, safe and dry once the items have been delivered and signed for.

  1. PRE-INSTALLATION

12.1 Price given for installation is assuming these are as per the attached signed contract.

12.2 We expect all flooring to be flat/level and ready for base units and tall units to be fitted.

12.3 We expect all walls to be flat and level, ready for tall & wall units to be fitted.

12.4 The client will incur any charges to make changes to the furniture if the floors are uneven and the walls are not flush and where our furniture will need to be modified. These additional costs will not be covered by Innoco This includes and is not limited to additional visits to re-position and re-install furniture.

12.5 When Innoco arrive to carry out installation of your kitchen/furniture if any amendments from your signed contract have been made to the room size, height of the room, position of doors, windows, switches, socket, gas supply, water supply or drainage and this requires additional furniture this cost will not be covered by Innoco

12.6 Any installation amendments or additional installation requirements that deviate from our scope of work / contract will be charged in advance to the client at a mutually agreed cost per day.

  1. DELIVERY TO SITE

13.1 We will offer you, the client, the first available date and time for delivery of your kitchen. It is the clients’ responsibility to ensure that there is adequate space to store the kitchen and the site is ready to accept our cabinets. The storage area will need to be clean, dry, secure and clear of obstructions as per section 10. If this date and time cannot be met due to any circumstances on the client’s site, you will be offered the next available installation date which could be up to 8 weeks later.

13.2 We make every effort to ensure that your order is received in pristine condition. We transport our products in a method suitable to the product to make sure it is not damaged during delivery. However, in the unlikely event that you order is damaged during transit or found to be missing from the delivery. It is the responsibility of Innoco to deliver & supply the customer the correct number of pieces of furniture as per section 6.

13.3 If you cannot be present at the time of delivery, you must arrange to have a responsible and authorised signatory available at the time of delivery that is authorised to inspect, accept and sign for the kitchen upon substantial completion. Prior to installation the client may sign for receipt of boxes with no responsibility of inspecting or approving the content of these boxes. It is Innoco’s responsibility to ensure the complete order is delivered with nothing missing and free from any defect including manufacturing or damage resulting from transportation. Innoco will accept no responsibility for any claims concerning defective or damaged goods once the client has signed a form indicating acceptance of substantial and successful installation.

13.4 Once goods are checked and signed for it is your responsibility to meet the cost of any replacement pieces of furniture.

13.5 It is Innoco’s responsibility to deliver all items to the designated room free from any damage to the items themselves or to the actual site or location, based on a site inspection held prior to signing this Agreement. Should the client change anything on site including halls, doorways, stairs or other access ways Innoco will not be held responsible to deliver the items and will consult the client on finding a mutually agreeable solution.

13.6 Upon providing an inside delivery service we only deliver through a ground floor or basement entrance and go up to a second floor level. We cannot deliver above this level unless there is suitable lift access. If you have any special delivery request there will be an extra charge to the client.

13.7 You are solely responsible for clearing the designated room and the path leading to it of any obstacles in advance of the delivery. Unless notified prior to delivery, our delivery driver will not be responsible for moving or dismantling any furniture.

13.8 Innoco requires a clearing of at least 1100mm to ensure all pieces of furniture are able to enter both property and installation area.

13.9 It is the client’s responsibility to make arrangements with the developer/property management company and make payments to enter the premises, grounds or site location with gate passes, entry passes and permissions. Failing to do so may result in a delay in delivery and may incur additional charges.

13.10 It is the client’s responsibility to arrange and pay for any building or entry permits to the developer/property management company.

  1. STORAGE & DELAYS

14.1 If a scheduled delivery is cancelled, refused, or no one is at home to accept it, you the client will be charged a fee of A$1500 to re-deliver, which must be paid prior to the re-delivery, even if the original delivery was free of charge. This repeat delivery charge will also apply if you cancel an agreed delivery date/time slot less than 2 working days prior to the agreed date. The Client understands that they may be liable for storage/delivery charges as outlined in section 14.

14.2 If delivery cannot be made due to delays, contractors, third parties or the site not being ready for delivery Innoco will allow storage in our premises for a maximum time of 15 days from the date or arrival in Australia free of charge. From this point onwards storage charges of A$ 7.00/m3 per day will be charged. Your kitchen has an exact size and weight from our factories, and this will be used to assign weight/volume and charges.

14.3 All storage charges may be invoiced every month and payment due on invoice.

14.4 If any storage charges or payment schedules as per your signed contract are not met, which in turn breaches your contract, Innoco would require full payment of all outstanding monies, the full value of the contract and storage charges prior to delivery.

14.5 The client at the point of storage charges being incurred is able to take delivery of the goods and arrange your own storage so long as the account is settled in full and accepts liability of the furniture by signing any delivery waivers.

14.6 Innoco has no control over the manufacturer’s timeline for production, loading of containers and freight either by sea or air including natural disasters, delayed shipping routes and unforeseen circumstances. If manufacturing delays will result in a total delay of 8 weeks or more from the date given to the client in this contract, the client will be notified in writing prior to the manufacturing date with an option to cancel the contract and receive a full refund.

14.7 Unless specified it is agreed with the client that they require immediate production in the next available manufacturing slot and immediate delivery to site upon the goods arrival in the Australian ports.

  1. MEP & WORKS

15.1 All MEP drawings and locations will be provided after contracts are signed and a deposit is paid regardless of whether the client or Innoco is undertaking MEP contracting.

15.2 We are NOT qualified electricians, plumbers or engineers, nor do we hold a technical services license. We provide MEP plans based on our understanding of kitchen design, therefore, it is the client or the MEP contractor’s responsibility to exhaustively check our MEP drawings to make sure they meet the criteria of local construction laws/regulations. If there are any additions or amendments to be made, we must be notified with the contractor’s recommendations to make necessary changes without compromising the furniture design.

15.3 If there is a deviation from these MEP drawings Innoco must be notified immediately and any subsequent impact on the installation of the kitchen / furniture or costs will be incurred by the client.

15.4 If the client chooses to undertake their own MEP and works Innoco will provide all MEP locations, specifications and required standards of hardware used.

15.5 If the client undertakes their own MEP and works all should be carried out to Innoco instructions, failure to do so may result in delays in installations and non working appliances which Innoco will not take responsibility for.

15.6 If the client undertakes their own MEP and works we require, all water, electrical, gas and supply lines to be clearly marked on walls or illustrated in elevation drawings with measurements. If these are not provided, Innoco will take no responsibility for any damage to MEP infrastructure during the installation process.

15.7 If the client undertakes their own MEP and Works all plumbing, electrical lines and gas pipes must be ready, supplied and tested prior to installation.

15.8 If the client undertakes their own MEP/Works and testing isn’t done or cannot be done prior to installation of appliances, then it is the client’s responsibility to test/check all electrical, plumbing and gas connections/outlets when they turn on the main supply. We recommend a qualified technician or engineer at this point as any water leaks, shortings or damages caused by switching either the mains water or electricity on will be incurred by the client and will not be the responsibility of Innoco. 

15.9 Innoco provides one site visit for a MEP check free of charge, subsequent MEP site visits and site consultations will be chargeable to the client at A$ 250 per visit.

15.10 Innoco will assume there are no obstructions in the wall or ceiling preventing drilling of fixtures for the cabinet, shelf, furniture and appliance installation. It is the client’s responsibility to inform Innoco if there are any obstructions within the wall or ceiling such as but not limited to MEP, electrical cables, water pipes, waste pipes or structural elements. In the event of a ruptured water pipe, waste pipe, electrical cable, conduit or structural element, the client will assume liability for any damage, injuries, repair or subsequent costs arising from the damage if Innoco has not been notified.

  1. Appliances

16.1 If you are supplying your own appliances the model numbers and references must be advised to Innoco at the time of order. This is to ensure that the correct furniture is ordered as all Häcker furniture is manufactured to fit each individual appliance. If you fail to inform us of the correct appliances prior to ordering, the Client is responsible for any subsequent costs incurred to rectify the design and furniture and any additional delivery costs incurred to freight goods to destination in Australia.

16.2 If you are sourcing your appliance independently it is your responsibility to ensure that these appliances will fit your purchased Häcker furniture. We are happy to provide advice but the final responsibility lies with the client. This includes dimensions, sockets, power cables and any additional parts required to power or work the machine.

16.3 If Innoco is supplying your appliances, we are not responsible for any additional parts or accessories unless specified in your order. We are able to advise additional parts, accessories and spares if required.

16.4 Innoco is happy to source appliances but do not take any responsibility for fitting these appliances unless agreed.

16.5 If you are supplying your own appliances and they are not the standard industry size 600mm deep, you must inform Innoco of this before you sign your order confirmation. This is to ensure that the correct pieces of furniture & worktops (if supplied) are ordered.

16.6 Innoco is only responsible for the installation of appliances sold to the client in this signed contract unless specified in this Agreement.

16.7 If the client chooses to use existing appliances, Innoco is not responsible for any testing, maintenance, repairing or commission of these. If any parts are required Innoco will notify the client and any costs will be incurred by the client.

16.8 If the client chooses to use existing appliances, Innoco is not responsible for any removal or storage of these items and takes no responsibility for damage, faults or security of these items during the installation process.

  1. Work Surfaces & Splash backs.

17.1 Please note there may be intervals during the kitchen installation where work will cease whilst your installation team wait for the fabrication of the worktops, this is completely normal.

17.2 All timescales, templates, installation and dates with regards to your worktop will be handled by your project manager. These will be timed along with the installation of your cabinets.

17.3 If you are not purchasing your worktop through Häcker, we will take no responsibility for delays, additional charges or fees incurred from the worktop fabricators because of work, or delays on our kitchen installation. You must research, price, pay and liaise with your worktop fabricators. It is your responsibility to contact the supplier of your work surface and make the relevant arrangements for templating, fitting and managing the project.

17.4 If you have sourced your own worktop you will need to make necessary arrangements regarding the connection of all sinks, taps, hobs and any appliances which are integrated into the worktop.

17.5 It is your responsibility to inform Innoco of any access issues or specific time and day restrictions for commercial deliveries.

17.6 The client accepts that there will be visible joins in the work surface and splash backs whenever necessary, due to limitations such as available material size, access to site, health & safety concerns, material strength & stability. Glass splash backs require stringent quality control; hence production time after the worktops have been installed, is approximately 4 weeks. A kitchen is considered substantially complete with the glass splash back installation pending.

  1. Third Party / Trades Person

18.1 Any Third Party Trades Person working independently of Innoco who makes alterations to any units or pieces of furniture delivered will invalidate any warranties. Innoco will not be held responsible or liable for any cost to replace for mistakes carried out by the Third Party Trades Person.

18.2 It is not the responsibility of Innoco to liaise with any Third Party Trades Person unless agreed in advance.

18.3 It is not the responsibility of Innoco to source any of the following unless we are requested to do so by the client; Kitchen fitter, plumber, electrician, carpenter, plasterer or any other trade work connected to fitting a Häcker or any other furniture or appliances.

18.4 If you are using your own fitters it is your responsibility to ensure that the fitter follows the design supplied.

18.5 If you choose a third party delivery, we do not accept any responsibility for damage to your kitchen/furniture after this has been checked, signed for and the driver has departed.

  1. Substantial Completion

19.1 Substantial Completion defined: The date at which the, building, kitchen project, or a designated portion of the work or building project thereof is sufficiently complete, in accordance with the Contract Documents, so that the owner may use or occupy the building, kitchen project or designated portion.

19.2 Upon completion of any delivery it is the client’s responsibility to maintain, clean, use the correct products and general upkeep of the kitchen and/or furniture.

19.3 All outstanding balances arising from additional amendments to the contract are due upon delivery.

19.4 Substantial completion excludes decorative items such as glass splash backs.

19.5 In such projects where a retention payment is being held by the customer and full payment due upon substantial completion the client will “set-off” the amount of the outstanding items and pay the remaining balance which is due on the delivered items. The set-off amount will be calculated by the full retail price of the parts according to Innoco’s price list unless specified separately in the contract.

19.6 An interim sign-off is arranged upon substantial completion, where an inspection is required by the client and our representative, within 7 days. If it is not possible for the client to be available within 7 days for the interim sign-off, the client’s authorised representative must be available to inspect and sign on their behalf. If no one is available, the client authorises us to sign on their behalf.

  1. Warranty

20.1 Innoco grants to the clients a 5-year warranty on Häcker furniture. All other products warranty adheres to warranty policies of their respective suppliers. The warranty period begins on the day the goods are delivered to the client, and if the account is paid in full as per contract terms.

20.2 Claims based on the warranty may be lodged by clients and are non-transferable. The warranty shall apply in Australia only and dedicated to the installation site mentioned in The Contract.

20.3 The warranty covers defects and damages attributable to manufacturing defects, material defects or faulty workmanship. This shall depend on upstream suppliers still being able to supply original replacement parts. In this case, we shall assume the material costs incurred by the repair. Assembly damage, wear and tear and water damage or any age-related changes in colour caused by exposure to UV and climatic conditions are excluded. The warranty extends exclusively to the replacement of defective parts.

20.4 Any entitlement to replacement shall expire in the event of unauthorized modification of the parts supplied by us. The warranty shall also expire completely in the event of failure to comply with individual requirements contained in the warranty provisions. In the case of accessories supplied by suppliers, for instance electrical appliances, lamps, sink units, fittings, waste collectors, etc., the warranty provisions of the respective manufacturers shall apply. The warranty does not extend to wearing parts, fragile parts like glass, plastic or parts made of rubber or light bulbs, and damages and defects resulting from incorrect operation. Likewise, the warranty does not extend to personal injury and subsequent defects. On principle, colours shall be matched and determined under standard lighting conditions similar to daylight. However, different surfaces and materials react differently depending on the type of light (daylight, halogen light, etc.). This effect is, however, also possible in the case of light-coloured plastic and coatings, even if the material basis and surface structure are identical. Deviations in colour and structure, even in the case of identical colour designations, are unavoidable given the aforementioned influences and do not constitute cause for complaint. The warranty is null and void if the furniture is requested and installed on site against our recommendations.

20.5 The damages shall be eliminated exclusively by Innoco. We must be notified without delay in the event of a defect or damage, resulting in liability under this warranty. The client shall provide a detailed description of the damage. The client shall undertake any and all measures to clarify the claim. This means that the client must answer our questions truthfully and in full.

20.6 Warranty claims should be emailed to our email address with client name, invoice number and details of the fault. A service call-out charge is payable in advance if a technician is required to visit, which is refundable if the warranty claim is validated by Innoco. We shall provide the client with corresponding replacement materials for the validated claims free of charge.

  1. FORCE MAJEURE

21.1 In this Agreement, Force Majeure means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform an obligation under this Agreement, on time.  Such circumstances shall include but not be limited to:

  • acts of God, lighting strikes, earthquakes, floods, storms, explosions, fires and any natural disaster; and
  • Acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution.

Neither party shall be liable for any delay or failure to perform obligations pursuant to this Agreement if such delay is due to Force Majeure.

21.2 If a delay or failure of a party is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended. If this delay or failure by a party exceeds ninety (90) days, either party may terminate the Agreement on providing notice in writing to the other party.

  1. NOTICES

22.1 Any written notice required to be given under the Agreement, may be served by giving it to the party personally, sending it by registered post to the party’s address shown in the contract and by email to the party’s email addresses mentioned in the Agreement.

  1. Validity of Contract

23.1 This contract shall be governed by and construed in accordance with the laws of the applicable State or Territory of Australia.

Client’s Name (Print)

…………………………………………………….

Client’s Signature

…………………………………………………….

Date:

…………………………………………………….

On Behalf of Innoco

…………………………………………………….

Innoco Signature

…………………………………………………….

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