TERMS AND CONDITIONS

Happy Moving

  1. Definitions

    1. “HM” means AAA All Transport Services Pty Ltd T/A Happy Moving, its successors and assigns or any person acting on behalf of and with the authority of AAA All Transport Services Pty Ltd T/A Your Mates Removals.
    2. “Customer” shall mean the Customer or any person or persons acting on behalf of and with the authority of the Customer; and where:
      1. more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price; and
      2. the Customer is an incorporated body, the Directors thereof guarantee its performance.
    3. “Goods” means any goods or cargo together with any container, packaging, or pallet(s) which the Customer has requested or arranged to be moved from one place to another by way of HM’s Services, or for storage by HM.
    4. “Services” means all services provided by HM to the Customer at the Customer’s request from time to time, as described on the quotations, invoices, consignment note, manifests, sales order or any other forms as provided by HM to the Customer, and includes storage and pre-packing of the Goods, any advice or recommendations.
    5. “Price” means the cost of the Services as agreed between HM and the Customer subject to clause 5 of this contract.
  2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

    1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA 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.
  3. Acceptance

    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 Services provided by HM.
    2. These terms and conditions may only be amended with HM’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and HM.
    3. These terms and conditions are to be read in conjunction with HM’s quotation, consignment note, agreement, airway bills, manifests, storage agreement or any other forms as provided by HM to the Customer. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.
    4. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
    5. HM is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by HM subject only to these conditions and HM reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles at its discretion.
    6. The Customer expressly warrants to HM that the Customer is either the owner, or the authorised agent of the owner, of any Goods or property that is the subject matter of this contract of cartage and/or storage, and by entering into this contract the Customer accepts these conditions of contract for all other persons on whose behalf the Customer is acting.
    7. The Customer recognises that there are always risks involved in the carriage of Goods, or the provision of Services, under this contract, many of which are outside HM’s or the Customer’s control. All basic quoted prices are for the provision of carriage and other services whereby the Customer understands and accepts that there are such risks, accepts any financial detriment or other losses that may result from the performance or non-performance of such work, and agrees that HM shall not be responsible or liable for such losses. The effect of this clause may be varied where it is otherwise agreed in writing between the parties.
  4. Change in Control

    1. The Customer shall give HM 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 HM as a result of the Customer’s failure to comply with this clause.
  5. Price and Payment

    1. At HM’s sole discretion the Price shall be either:
      1. as indicated on any invoice provided by HM to the Customer; or
      2. the Price as at the date of delivery of the Goods according to HM’s current price list; or
      3. HM’s quoted price (subject to clauses 5.2 and 5.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    2. HM reserves the right to change the Price:
      1. if a variation to HM’s quotation is requested;
      2. to reflect any increase in the cost to HM beyond the reasonable control of HM (including, without limitation, foreign exchange fluctuations, or increases in taxes, customs duties, insurance premiums, or warehousing costs);
      3. after re-weighing, or re-valuing or re-measuring the Goods. An additional charge shall be applicable for the carriage of substantially heavy items, such as pool tables, spas or pianos;
      4. in the event that any information supplied by the Customer at the time of quotation is incorrect, inadequate, or inaccurate. HM reserves the right (at its sole discretion) to either change the Price or to perform the Services strictly in accordance with the original quotation. If HM agrees to perform the additional/alternative Services, the Price shall be varied pro-rata to allow for an adjustment in quantity, volume and/or weight of the Goods, plus additional loading and unloading times.
    3. If the loading or unloading process is delayed for a period of time in excess of thirty (30) minutes due to any factor outside of HM’s control, an additional charge shall apply for such delay based on HM’s usual hourly rate.
    4. At HM’s sole discretion, a deposit shall be required upon acceptance of HM’s quotation to enable the booking date to be confirmed.
    5. HM’s charges shall be considered earned in the case of Goods for carriage as soon as the Goods are loaded and dispatched from the Customer’s premises.
    6. Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by HM, which may be:
      1. on completion of the Services;
      2. before commencement of the Services;
      3. the date specified on any invoice or other form as being the date for payment; or
      4. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by HM.
    7. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to five percent (5%) of the Price), or by any other method as agreed to between the Customer and HM.
    8. Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to HM an amount equal to any GST HM must pay for any provision of Services by HM 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.
    9. The Customer acknowledges and agrees that the Customer’s obligations to HM for the provision of the Services shall not cease until:
      1. the Customer has paid HM all amounts owing for the particular Services; and
      2. the Customer has met all other obligations due by the Customer to HM in respect of all contracts between HM and the Customer.
    10. Receipt by HM 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 HM’s ownership or rights in respect of the Services, and this agreement, shall continue.
  6. Provision of the Services

    1. The Customer shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of HM be deemed reasonable or necessary in the circumstances.
    2. The Customer hereby authorises HM (if it should think fit to do so) to arrange with a sub-contractor for the carriage of any Goods that are the subject of the contract. Any such arrangement shall be deemed to be ratified by the Customer upon delivery of the said Goods to such sub-contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as HM. In so far as it may be necessary to ensure that such sub-contractor shall be so entitled HM shall be deemed to enter into this contract for its own benefit and also as agent for the sub-contractor.
    3. The Customer shall provide an authorised representative at pickup to ensure the correct Goods are loaded. Regardless of whether or not such a representative is provided, and whether or not the Customer provides HM with a list of items to be moved, the Customer shall be liable for all reasonable additional charges whatsoever arising from the movement of incorrect Goods or the non-carriage of Goods which the Customer intended to be carried.
    4. The Goods will be delivered in unassembled state. If assembly is required, the Customer must request this at the time of booking and additional charges will be applicable.
    5. The Customer will be asked at the time of booking if access to the upload and delivery locations are deemed standard (defined as follows):
      1. a ground level building to which a legally registered heavy vehicle (maximum height 4.3 metres) collecting or delivering a consignment can safely and legally approach, park and depart without disruption, overhead obstructions or cost, and
      2. once parked be within a walking distance of no more than fifteen (15) metres from the vehicle’s loading or unloading point to the allocated entry of the building via max of five (5) steps; and
      3. be a regular, safe and stable surface, and over the distance the rise and fall shall not exceed one and a half (1.5) metres with a gradient of not more than one in five (1 in 5); and
      4. the point of collection or placement within the building shall not exceed twenty-five (25) metres from the allocated building entry point.
    6. Should the Customer’s pickup or delivery points be outside what is deemed standard, as defined in clause 6.5 (and the Customer has not notified HM prior to the pickup/delivery date), HM reserves the right to amend the quotation (as per clause 5.2) and request further payment due to the difficulty of the access.
    7. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then HM shall be entitled (at their sole discretion) to either leave the Goods at the unattended location (left at the Customer’s sole risk), or to return at a later time until delivery in completed (storing the Goods at any convenient place in the meantime), and the Customer agrees to pay any reasonable additional charges incurred thereby to HM.
    8. Any time specified by HM for the delivery of Goods is an estimate only and HM 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 Goods to be delivered at the time and place as was arranged between both parties. In the event that HM is unable to deliver the Goods as agreed solely due to any action or inaction of the Customer then HM shall be entitled to charge the Customer any additional costs incurred by HM as a direct consequence of any resultant delay or rescheduling of the delivery.
  7. Customer-Packed Containers

    1. If the Goods have not been packed by or on behalf of HM, HM shall not be liable for loss of or damage to the Goods caused by:
      1. the manner in which the Goods have been packed; or
      2. the unsuitability of the Goods for carriage or storage in the container(s); or
      3. the unsuitability or defective condition of the container(s).
    2. HM shall, unless specifically instructed by the Customer, pre-pack the Goods to a standard which suits the distance those Goods are to be transported.
    3. The Customer agrees to notify HM in writing, prior to pick up, of any Goods that are inherently fragile or of a nature or value that is not readily apparent, and of any special precautions which should be taken when carrying the Goods, of which HM cannot be reasonably expected to be aware.
  8. Dangerous Goods

    1. Goods are accepted by HM on the condition that they comply with the requirements of any applicable law relating to the nature, condition and packaging of the Goods. The Customer agrees to:
      1. to notify HM in the event that any Dangerous Goods Act or similar legislation (“DGA”) applies to the Goods, and guarantees that all requirements of any such laws have been met;
      2. ensure that the Goods are fully described in writing on all relevant paperwork, including their name and nature, and in the case of Goods to which a DGA applies, are accompanied by a consignment note that complies with the Act, etc.
    2. Where, in the opinion of HM, any Goods are dangerous, corrosive, noxious, explosive, flammable, perishable or capable of attracting vermin or pests, HM may refuse to carry or, if carriage has commenced, take any action reasonable to dispose, destroy or otherwise deal with the Goods at the expense of the Customer, and without incurring any liability to the Customer.
  9. Loss or Damage

    1. The Customer acknowledges that HM undertakes to carry out the carriage and/or storage of Goods with professionalism, due care and skill. Transit cover up to two hundred thousand dollars ($200,000) applies to Goods in transit and covers the Goods against damages or loss resulting from fire, theft or rollover of the conveying vehicle.
    2. Save as expressly provided in these terms and conditions and subject to any statutory provisions imposing liability in respect of the loss of or damage to the Goods, HM shall not be liable to the Customer for any loss or damage suffered by the Customer directly or indirectly (including but not limited to economic loss, loss of profits, liabilities to third parties) caused by:
      1. any damage, loss or destruction to Goods in the provision of the Services;
      2. a mis-delivery, delay in delivery or non-delivery of Goods;
      3. theft, overturning, fire, collision, road or rail accident not involving the conveying vehicle;
      4. mishandling, incorrect loading or unloading or stowage of any vehicle, the method by which it is driven or through any other cause whatsoever;
      5. the carriage of Goods by a route other than the shortest or usual route; and
      6. this clause shall apply whether or not any such occurrence was due to any wilful, fraudulent negligent or other act or omission of the Company.
    3. The Customer shall indemnify HM against any action, claim, suit, fine or demand brought by any third party, the Customer or the owner of the Goods, against HM as a result of or in connection with any breach by the Customer of any term of this contract or the occurrence of any of the events listed in this clause 9, or clauses 2 or 16, and this indemnity shall extend to the reasonable solicitor client costs of HM in defending any action and in enforcing this indemnity.
  10. Conditions of Storage

    1. HM will prepare an inventory of Goods received for storage and will ask the Customer to sign that inventory. The Customer will be provided with a copy of the inventory. If the Customer signs the inventory, or does not do so and fails to object to its accuracy within seven (7) days of receiving it from HM, then the inventory will be conclusive evidence of the Goods received. The inventory will disclose only visible items and not any contents unless the Customer asks for the contents to be listed, in which case HM will be entitled to make a reasonable additional charge.
    2. HM is authorised to remove the Goods from one warehouse to another without cost to the Customer. HM will notify the Customer of the removal and advise the address of the warehouse to which the Goods are being removed not less than five (5) days before removal (except in emergency, when such notice will be given as soon as possible).
    3. The Customer is entitled, upon giving HM reasonable notice, to inspect the Goods in store but a reasonable charge may be made by HM for this service.
    4. Subject to payment for the balance of any fixed or minimum period of storage agreed, the Customer may require the Goods to be removed from the store at any time on giving HM not less than five (5) working days’ notice. If the Customer gives HM less than the required notice HM will still use their best endeavours to meet the Customer’s requirements, but shall be entitled to make a reasonable additional charge for the short notice.
    5. The Customer agrees to remove the Goods from storage within fourteen (14) days of a written notice of requirement from HM to do so. In default, HM may SELL ALL OR ANY OF THE GOODS in accordance with clause 16.
  11. Cancellation

    1. HM may cancel any contract to which these terms and conditions apply or cancel provision of Services at any time before the Services have commenced by giving written notice to the Customer. On giving such notice HM shall repay to the Customer any money paid by the Customer for the Services. HM shall not be liable for any loss or damage whatsoever arising from such cancellation.
    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 HM as a direct result of the cancellation (including, but not limited to, any loss of profits).
    3. In the event that the Customer cancels provision of the Services after HM’s arrival for pickup of the Goods, the Customer shall pay HM the lesser of either the full Price or the time spent at pickup, which shall be charged at HM’s usual hourly rate with a minimum charge of two (2) hours.
  12. Personal Property Securities Act 2009 (“PPSA”)

    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    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 the Goods and all collateral (account) – being a monetary obligation of the Customer for the Services – that have previously been provided, and that will be provided in the future, by HM for the Customer.
    3. The Customer undertakes to:
      1. 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 HM may reasonably require to;
        1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        2. register any other document required to be registered by the PPSA; or
        3. correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);
      2. indemnify, and upon demand reimburse, HM 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;
      3. not register a financing change statement in respect of a security interest without the prior written consent of HM;
      4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or the collateral (account) in favour of a third party without the prior written consent of HM.
    4. HM 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.
    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.
    6. The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by HM, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Customer must unconditionally ratify any actions taken by HM under clauses 12.3 to 12.5.
    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.
  13. Default and Consequences of Default

    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 HM’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    2. If the Customer owes HM any money the Customer shall indemnify HM from and against all costs and disbursements incurred by HM in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, HM’s contract default fee, and bank dishonour fees).
    3. Further to any other rights or remedies HM may have under this agreement, if the Customer has made payment to HM, 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 HM under this clause 13 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.
    4. Without prejudice to any other remedies HM may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions HM may suspend or terminate the provision of Services to the Customer. HM will not be liable to the Customer for any loss or damage the Customer suffers because HM has exercised its rights under this clause.
    5. Without prejudice to HM’s other remedies at law HM shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to HM shall, whether or not due for payment, become immediately payable if:
      1. any money payable to HM becomes overdue, or in HM’s opinion the Customer will be unable to make a payment when it falls due;
      2. 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
      3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
  14. Security and Charge

    1. In consideration of HM agreeing to provide the 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).
    2. The Customer indemnifies HM from and against all HM’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising HM’s rights under this clause.
    3. The Customer irrevocably appoints HM and each director of HM 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.
  15. Privacy Act 1988

    1. The Customer agrees for HM 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 HM.
    2. The Customer agrees that HM may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
      1. to assess an application by the Customer; and/or
      2. to notify other credit providers of a default by the Customer; and/or
      3. 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
      4. to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
    3. The Customer consents to HM being given a consumer credit report to collect overdue payment on commercial credit.
    4. The Customer agrees that personal credit information provided may be used and retained by HM for the following purposes (and for other agreed purposes or required by):
      1. the provision of Services; and/or
      2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
      3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
      4. enabling the collection of amounts outstanding in relation to the Services.
    5. HM may give information about the Customer to a CRB for the following purposes:
      1. to obtain a consumer credit report;
      2. allow the CRB to create or maintain a credit information file about the Customer including credit history.
    6. The information given to the CRB may include:
      1. personal information as outlined in 15.1 above;
      2. name of the credit provider and that HM is a current credit provider to the Customer;
      3. whether the credit provider is a licensee;
      4. type of consumer credit;
      5. 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);
      6. 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 HM has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
      7. information that, in the opinion of HM, the Customer has committed a serious credit infringement;
      8. advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
    7. The Customer shall have the right to request (by e-mail) from HM:
      1. a copy of the information about the Customer retained by HM and the right to request that HM correct any incorrect information; and
      2. that HM does not disclose any personal information about the Customer for the purpose of direct marketing.
    8. HM 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.
    9. The Customer can make a privacy complaint by contacting HM via e-mail. HM 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.
  16. Unpaid Seller’s Rights to Dispose of Goods

    1. All Goods or carried for, on behalf of, the Customer that are received by HM shall be subject to a general lien for any monies owed by the Customer to HM as a result of this agreement or any previous agreement between HM and the Customer. In order to exercise its rights under this lien, HM shall have the right to seize or retain or to defer or refuse delivery of any Goods that are the subject of this lien should circumstances arise that make it reasonable to conclude that the Customer is unwilling or unable to pay any due charges in the required form or at the required place or time. Where the charges of HM remain unpaid for a minimum period of twenty-eight (28) days, HM may give fourteen (14) days’ written notice by certified or registered mail to the last known address of the Customer of intention to sell the Goods. If the amount owing is not paid within that further period HM may open any packages, DISPOSE OF THE GOODS or SELL ALL OR ANY OF THE GOODS by auction or by private treaty at its absolute discretion. Out of any monies arising HM may retain its charges and all charges and expenses of the detention and sale. It shall credit the surplus, if any, to the person entitled to it. Any such sale shall not prejudice or affect any other rights that HM may have to recover any outstanding charges due or payable in respect of such service or the said detention or sale.
  17. Disputes

    1. 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:
      1. referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
      2. conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
  18. General

    1. The failure by HM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect HM’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.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which HM has its principal place of business, and are subject to the jurisdiction of the Manly Local Court in New South Wales.
    3. Subject to clause 2, HM 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 HM of these terms and conditions (alternatively HM’s liability shall be limited to damages which under no circumstances shall exceed the Price).
    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 HM nor to withhold payment of any invoice because part of that invoice is in dispute.
    5. The Customer undertakes that no claim or allegation shall be made against any servant or agent of HM which attempts to impose upon any of them any liability whatsoever in connection with the Goods and, if any such claim or allegation should nevertheless be made, to indemnify HM and any such servant or agent against all consequences thereof.
    6. The Customer agrees that HM may amend these terms and conditions at any time. If HM makes a change to these terms and conditions, then that change will take effect from the date on which HM notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for HM to provide Services to the Customer.
    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.
    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.