Terms & Conditions

Dan the Man Pty Ltd

ACN 160 498 126

Disclosure of Key Terms relating to the supply of goods or services to consumers

Section 47A Fair Trading Act 1987 (NSW) (“the Act”)

Pursuant to section 47A of the Act, a supplier must, before supplying a consumer with goods or services in NSW, take reasonable steps to ensure the consumer is aware of the substance and effect of any term or condition relating to the supply of the goods or services that may substantially prejudice the interests of the consumer.

The following contains a summary of key terms in the attached Trading Terms between Dan the Man Pty Ltd (the Company, Us, We, Our) and the Customer (You), which You should be made aware of as per the requirements of the Act in the event that you are considered a ‘consumer’ pursuant to the Australian Consumer Law.

Words not defined in this summary have the same meaning as set out in the Terms:

1. Clause 4.3 - Exclusion of Warranties

This clause excludes all warranties not set out in the Terms or any other warranty document provided by Us to You (to the extent possible).

2. Clause 5.8 – Limitation of Liability

This clause makes clear that We are not liable to compensate You for:
(a) Any increased costs or expenses You may incur;
(b) Any loss of profit, revenue, business, contract or anticipated savings;
(c) Any loss or expense resulting from a claim by a third party;
(d) Any other losses incurred in connection with the goods or services to the extent not caused by Our default or a breach of these terms; or
(e) any loss of Claim in connection with the creative elements of the design of the Goods or Services including where You have provided us with an element of discretion in respect to such creative elements.
(f) Any special, indirect or Consequential Loss or damage of any nature.

3. Clause 5.1 – Limitation of Liability

This clause limits the remedies available to You if the Goods or services provided by Us are faulty (in respect to any condition or warranty that cannot be excluded by Law), for example We may replace the Goods or provide a refund at Our election.

4. Clause 5.3 - Limitation of Liability

This clause limits Our total liability under any contract and these Terms to the total dollar amount of the Goods and/or Services purchased by You under this Agreement.

5. Clause 26 – Indemnity

This clause requires You to indemnify Us against any loss or damage We may suffer as a result of the matters outlined in that clause, including your breach of Our Terms or the underlying Agreement, which means You will pay Us any loss or damage We suffer as a result of such matters.

6. Clause 27 - Privacy

This clause provides that You authorise Us to collect, retain and use any information about You for the purposes outlined in, and accordance with, our Privacy Policy and the National Privacy Principles.

Dan the Man Pty Ltd
ACN 160 498 126
Trading Terms and Conditions For Sale of Goods

These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by Dan the Man Pty Ltd (Dan the Man) to a Customer from time to time. Any supply of Goods or Services by Dan the Man to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Dan the Man (‘Agreement’) and any such supply does not give rise to a new or separate agreement.

1. Interpretation

In these terms unless the contrary intention appears:

“Australian Consumer Law” means the legislative provisions, as amended from time to time, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA).

“Additional Charges” includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Dan the Man arising out of the sale of the Goods.

“Authority Approvals” means approvals from regulatory, government or building authorities including but not limited to the council approvals and approvals for development applications and construction certificates.

“Consequential Loss” means

loss of revenue;
loss of profit or anticipated profit;
loss of business;
loss of business reputation;
loss of opportunities;
loss of anticipated savings;
loss of goodwill; and
any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach.

“Construction Work” means landscape carpentry, installation of spas, excavation, decking, paving and other services provided to the Customer.

“Customer” means the person to or for whom the Goods are to be supplied by Dan the Man.

“Delivery” means in relation to Goods, that point in time when the Goods are collected by

or delivered to the Customer by Dan the Man and in relation to Services, when those Services have been carried out by or on behalf of Dan the Man.

“Deposit” means 10% of the Purchase Price.

“Dial-Before-You-Dig” means the free national referral service https://www.1100.com.au/) designed to assist in preventing damage and disruption to Australia’s infrastructure networks.

“Energy Australia” means Energy Australia ACN 086 014 968, a private company that provides electricity and gas throughout Australia.

“Force Majeure Event” means any event outside the reasonable control of Dan the Man including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, pandemic, epidemic, government action or any other cause whatsoever, whether or not of a like nature to those specified above.

“Goods” means the goods sold to the Customer by Dan the Man and includes any services provided by Dan the Man to Customer.

“Hazardous Substances” means any substance, in whatever form, that is hazardous, dangerous or may cause harm including to persons and the environment.

"Intellectual Property Right" means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered or unregistered, in any country.

"Dan the Man" means Dan the Man Pty Ltd, ACN 610 671 648.

“Dan the Man Personnel” means the officers, employees, independent contractor, and agents of Dan the Man.

"PPSA" means the Personal Property Securities Act 2009 (Cth).

“Progress Payment” means billing by stage where payment is to be received from Customer for part of the work that has been completed in accordance with the Quotation up to the point of invoicing.

“Dan the Man Purchase Promise Form” means the form to be signed by the Customer for purchase of spas and request for installation of spas. If the Customer requires installation or any kind of Construction Work, a separate Quotation will be provided.

“Purchase Price” means the list price for the Goods as charged by Dan the Man at the date of delivery or such other price as may be agreed by Dan the Man and the Customer prior to delivery of the Goods.

“Quotation” means a quotation given to the Customer in connection with the Construction Work, whether in writing or otherwise.

“Services” means any services provided by Dan the Man for or on behalf of the Customer including Construction Work.

“Site” means the site where Goods are delivered by Dan the Man to the Customer.

“Variation” means a change or changes made or requested by the Customer.

“Variation Quotation” means extra work not included in the original Quotation that will be charged in line with a separate quote with separate invoice.

“WHS Policy” means the Work Health and Safety Policy of Dan the Man.

2. Order for Goods

2.1 An order given to Dan the Man is binding on Dan the Man and the Customer, if:

2.1.1 a written acceptance is signed for or on behalf of Dan the Man; or

2.1.2 the Goods are supplied by Dan the Man in accordance with the order.

2.2 An acceptance of the order by Dan the Man is then to be an acceptance of these Terms by Dan the Man and the Customer and these Terms will override any conditions contained in the Customer’s order. Dan the Man reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Dan the Man until accepted by it.

2.3 An order which has been accepted in whole or in part by Dan the Man cannot be cancelled by the Customer without obtaining the prior written approval of Dan the Man, which it may refuse in its absolute discretion.

3. Variations

3.1 Dan the Man will complete the scope of work outlined within the accepted Quotation. The Customer will pay for any additional costs for Variations.
3.2 Any changes made by or additional work proposed by the Customer during the course of performance of work outlined in the Quotation by Dan the Man constitutes a Variation or Variations. The Customer will be notified in writing by Dan the Man or any additional costs (or savings) and of any delays caused by the Variation and the Customer is responsible for approving or rejecting a Variation.
3.3 The Variation Quotation will need to be signed by the Customer before commencement of work. The Customer accepts that any prior work schedule will become void upon request of Variation and Dan the Man will make every effort to carry out Variations as timely as possible.
3.4 Dan the Man is not liable for any delays caused by a Variation request and reserves the right to charge the Customer for any costs arising from any such delays.
3.5 Any Variations that in the foreseeable future will be completed beyond the scope of the work may be treated as a new project at the sole discretion of Dan the Man.

4 Warranties
4.1 The Company warrants that all physical Goods are free from defects in materials and workmanship (other than design elements) for the period of twelve (12) months from the date of delivery of the Goods to the Customer, subject to the provisions of the Warranty Statement set out in Schedule 1 (Limited Warranty).
4.2 Despite the provisions of clause 4.1 if the Customer is deemed to be a consumer pursuant to the Australian Consumer Law, then:
4.2.1 For Goods:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.2.2 For Services:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures
with the service, You are entitled:
4.2.2.1 to cancel your service contract with Us; and

4.2.2.2 to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

4.3 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in another warranty document given by the Company are excluded.

5 Limitation of Liability
5.1 The liability of Dan the Man is limited to, the extent permissible by law and at Dan the Man’s option;
5.1.1 in relation to the Goods:
5.1.1.1 the replacement of the products or the supply of equivalent products;
5.1.1.2 the repair of the products;
5.1.1.3 the payment of the cost of replacing the products or of acquiring equivalent products; or
5.1.1.4 The payment of the cost of having the products repaired.
5.1.2 Where the Goods are services:
5.1.2.1 the supply of service again; or
5.1.2.2 the payment of the cost of having the services supplied again.
5.1.3 In relation to Services:
5.1.3.1 the supply of service again; or
5.1.3.2 the payment of the cost of having the services supplied again.
5.2 The Company does not warrant that the Services are or will be error-free.
5.3 The Company’s total liability under any contract or agreement with the Customer and these Terms shall not exceed the total dollar amount of the Goods and/or Services purchased from Dan the Man by the Customer under this Agreement.
5.4 The Parties agree that if any limitation or exclusion of liability under these terms of sale is held to be invalid under any applicable statute or rule of law, it will to that extent be omitted.
5.5 Any products provided by Dan the Man to the Customer that are prone to decay and deterioration, including but not limited to natural products, are expressly excluded under the warranty.
5.6 Goods that are supplied as seconds or floor stocks will not be covered by warranty after the Customer has paid the Deposit.
5.7 Any warranty claims to be made against Dan the Man for short delivery of Goods must be lodged with Dan the Man directly in email within 7 days of the delivery date. Dan the Man must be given the first opportunity to rectify the problem and failing to do so will void your warranty with Dan the Man.
5.8 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Dan the Man is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
5.8.1 any increased costs or expenses;
5.8.2 any loss of profit, revenue, business, contracts or anticipated savings;
5.8.3 any loss or expense resulting from a claim by a third party; or
5.8.4 any losses incurred by the Customer in connection with the Goods or Services other than to the extent such losses are caused by the negligence of the Company or the default by the Company of its obligations under this Agreement;
5.8.5 any loss of Claim in connection with the creative elements of the design of the Goods or Services including where the Customer has provided the Company with an element of discretion in respect to such creative elements.
5.8.6 any special, indirect or consequential loss or damage of any nature whatsoever caused by Dan the Man’s failure to complete or delay in completing the order to deliver the Goods.
6 Delivery

6.1 The times quoted for delivery are estimates only and Dan the Man accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Dan the Man.
6.2 Risk in accepting the Goods passes on delivery of the Goods to the Customer.
6.3 All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
6.4 Return of Goods will not be accepted by Dan the Man except by prior agreement in writing with Dan the Man. Any Goods returned will be subject to a restocking charge of 10% of the Purchase Price of those Goods.
6.5 If the Customer cannot accept delivery of the Goods, the Customer will pay for a storage fee of $85 per week from the date the Goods are accepted at Dan the Man’s storage yard or premises.

7 Price and Payment
7.1 For purchase of Goods, the Customer must pay the Deposit, the remainder of the Purchase Price and the Additional Charges to Dan the Man.
7.1.1 Dan the Man will commence preparations for the delivery and installation of the Goods as soon as the Customer has paid the Deposit to Dan the Man.
7.1.2 The Deposit is non-refundable after 3 days of signing the Purchase Form.
7.1.3 Dan the Man reserves the right to alter the Purchase Price if Deposit is not paid in full.
7.1.4 The Customer must pay the remaining payment for installation no later than 1 day prior to the Delivery of Goods. Dan the Man has the sole discretion to determine the time of payment.
7.1.5 The Customer must pay all fees, charges and any redelivery charges.
7.2 If Construction Work is required by the Customer,
7.2.1 the Customer must pay the Deposit to Dan the Man for Construction Work prior to commencement of works, unless otherwise agreed in writing;
7.2.2 the Customer must pay the Progress Payment to Dan the Man for stages of the job that have been completed within seven (7) days of completion. Dan the Man has the sole discretion to determine the timing of Progress payment.
7.2.3 If Progress Payment is not received within seven (7) calendar days of completion,
(aa) Dan the Man will not be liable or responsible in any way for damages caused by equipment, materials on Site, or any other objects placed at the Site by Dan the Man.
(ii) Any materials or equipment that expire or deteriorate over the waiting for payment time will be replaced.
(iii) The Customer will be liable for all costs incurred.
7.2.4 If Progress Payment is not received within thirty (30) calendar days, Dan the Man has the right to cancel or stop any further work that is included in the Quotation or Variation Quotations.
7.2.5 All payments or payments associated with a cancelled job due to non-payment must be paid to Dan the Man within seven (7) calendar days from completion or cancelation of works. If payment is not received within seven (7) calendar days of quoted works being completed, Dan the Man will commence legal proceedings and the Customer will bear all legal costs incurred.

7.3 If the Customer is in default, Dan the Man may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
7.4 All payments are due within seven (7) days of the date of invoice. Interest is charged at the rate of 5% compounded weekly from the expiry of that period until the date payment is received by Dan the Man .
7.5 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

8 Credit Checks
8.1 Dan the Man has the right to check all references for credit checks.

9 Intellectual Property
9.1 All branding and artwork provided by the Customer is the intellectual property of the Customer. Artwork and branding supplied will only be used for the purposes of satisfying these Terms.
9.2 Customer warrants that the use by Dan the Man of any intellectual property provided by Customer to Dan the Man so that it may provide the Goods and/or services under these Terms does not infringe any Intellectual Property Rights.
9.3 Customer must indemnify and keep indemnified Dan the Man against any and all liabilities, expenses, losses and/or damages including attorney’s fees whether direct, indirect or consequential, arising from a third party, alleging that the Goods infringe the Intellectual Property Right of the third party due to Dan the Man’s use in the production of the Goods of any branding, artwork or other intellectual property provided to Dan the Man by Customer.

10 No Liability
10.1 Dan the Man will not be responsible for:
10.1.1 the dates of spa manufacturing completion;
10.1.2 operating, clearing airlocks, maintaining the Goods to the manufacturer’s instruction (in accordance with the owner’s manual provided at the time of handover).
10.1.3 loss, injury, or death of Customer’s pets;
10.1.4 pet droppings at the Site. It is the Customer’s responsibility to clean the Site prior to commencement of work in accordance with the WHS Policy;
10.1.5 rubbish disposed at the Site by public or the Customer. The Customer may give Dan the Man permission to remove the rubbish and the cost of removal will be added to the final invoice to the Customer;
10.1.6 where the Customer does not or chooses not to apply for a building certificate or any other certificates from local or state governing councils, it will be the responsibility of the Customer to check all council or state legislation before commencement of works. Dan the Man will not be responsible for any permits, licences or approvals and any delay because of such, the Customer will be charged, delay fees of $1,100 compounded weekly at an interest rate of 5% unless there is other work to carry on to;
10.1.7 all documentation including but not limited to those related to council approvals, Dial-Before-You-Dig, and Energy Australia.
10.1.8 things that are not visible, including but not limited to stumps, old concrete, rock, sandstone, or any other objects at, behind or underneath the Site. All costs associated with such items will be charged to the final invoice.
10.1.9 damages to existing surrounds (including but not limited to fencing, paving, retaining walls) that may be caused outside of the Construction Work period under an hourly rate contract.

10.1.10 damages to existing water pipes, power lines, gas or phone if the pipes, lines or anything was incorrectly installed by other contractors;
10.1.11 any defects after 7 days of completion of work;
10.1.12 time spent on waiting for delivery or pick-up of materials. The Customer will be charged at our hourly rate for time spent on picking up materials on the way or from the Site;
10.1.13 any issues in relation to existing structural and non-structural property (e.g. retaining walls, fences, paving etc) installed by the Customer himself/herself or people other than Dan the Man Personnel;
10.1.14 inaccurate measuring of the work such as M2, M3 or L/MM2 if the work is based on an undrafted plan provided by the Customer or a free-of-charge construction plan provided by Dan the Man.
10.1.15 Manufacturing defects in the Goods.

11 Consulting fees
11.1 The Customer will pay a consulting fee at an hourly rate of $99 for any consulting services provided to the Customer by Dan the Man on or off the Site.

12 Access to Site
12.1 The Customer will give or procure for Dan the Man access to the Customer’s or any site at which the Goods and/or Services are to be Delivered and the Site will be presented to Dan the Man in a clean and safe state.

13 Training
13.1 The Customer will pay for training on the Site at an hourly rate of $99, unless otherwise agreed.

14 Supply of Power
14.1 The Customer must arrange for a licensed electrician preferably with experience in outdoor spa installation to be in charge of supply of power for installation work.
14.2 If the supply of power is not connected when spa handover (Training) is done, the Customer must pay an additional $120 as call-out fee if the Customer requires more training.

15 Time sheets
15.1 Upon signing of the Quotation, the Customer gives Dan the Man’s Site supervisor permission to sign all time sheets on behalf of the Customer in the event the Customer is not at home or cannot be found.

16 Work Health and Safety (WHS)
16.1 Dan the Man strictly adheres to the guidelines of its comprehensive WHS Policy. Restriction and denial of access to any Dan the Man site shall be at the sole discretion of Dan the Man.
16.2 Dan the Man accepts no responsibility for any injury or death of any person or persons outside of the control of Dan the Man where Dan the Man procedures have not been strictly followed by the Customer and/or unauthorised access to Site has been made. Dan the Man takes no responsibility for any loss and/or damage to property caused by the neglect of persons not under the direct control of Dan the Man.
16.3 Dan the Man reserves the right to deny access to any Site under the direct control of Dan the Man to any contractor provided by the Customer, building owner, manager, or any other individual or entity (often as a nominated or preferred contractor) if the contractor is unable to provide appropriate WHS documentation, unwilling to work within the guideline of Dan the Man’s WHS Policy or has in the past acted in a manner which is unacceptable to Dan the Man. Any costs associated with this breach will be borne by the Customer including any extra over costs associated with the engaging of a new contractor to fulfil those duties.
16.4 Except for Dan the Man Personnel, the Customer or any other parties must not enter the Site during Construction Work.

17 Hazardous Substances
17.1 Unless the Customer specifies otherwise, the Customer warrants that any Site on or in which Dan the Man is required to provide the Goods shall be free of Hazardous Substances. If in breach of this warranty, Hazardous Substances are detected by Dan the Man prior to or after access to the Site, Dan the Man accepts no liability for any costs or claims arising from or related to those Hazardous Substances including for costs of delay or detection and removal of such substances.

18 Documentation, CAD Files, Drawings and Files
18.1 All documentation, CAD files, drawings and files ("Files”) including any Intellectual Property within those Files remain the property of Dan the Man and are to be read with in conjunction with the scope of works contained in the Quotation or as agreed between the parties.
18.2 The customer must not distribute the Files to any parties without prior written consent of Dan the Man.
18.3 The Customer indemnifies Dan the Man from any liability, loss, damage or legal costs resulting from unauthorised distribution or misuse of any Files.
18.4 To the extent permissible at law, Dan the Man gives no warranties and/or guarantees (expressed or implied) for the Files when used for any purpose other than that for which they were intended (as determined by Dan the Man in its sole discretion) or for the use by any other party other than Dan the Man.

19 Authority Approvals
19.1 Unless agreed otherwise, the obtaining of Authority Approvals remain the sole responsibility of the Customer and Dan the Man accepts no liability or responsibility for claims, loss or damage arising from or in any way related to a failure of Authority Approvals being sought, obtained or granted.

20 Intellectual Property
20.1 All branding and artwork provided by the Customer is the intellectual property of the Customer. Artwork and branding supplied will only be used for the purposes of satisfying these Terms.
20.2 The Customer warrants that the use by the Company of any intellectual property provided by Customer to Dan the Man so that Dan the Man may provide the Goods and/or Services under these Terms does not infringe any Intellectual Property Rights.
20.3 The Customer must indemnify and keep indemnified Dan the Man against any and all liabilities, expenses, losses and/or damages including attorney’s fees whether direct, indirect or consequential, arising from a third party, alleging that the Goods infringe the Intellectual Property Right of the third party due to Dan the Man’s use in the production of the Goods of any branding, artwork or other intellectual property provided to Dan the Man by the Customer.

21 Retention of Title
21.1 All materials and Goods supplied by Dan the Man belong to Dan the Man until payments in full for the materials and Goods have been made by the Customer.
21.2 Ownership, title and property in the Goods and in the proceeds of sale of those Goods remains with Dan the Man until payment in full for the Goods and all sums due and owing by the Customer to Dan the Man on any account has been made. Until the date of payment:
21.2.1 the Customer has the right to sell the Goods in the ordinary course of business;
21.2.2 the Goods are always at the risk of the Customer.
21.3 The Customer is deemed to be in default immediately upon the happening of any of the following events:
21.3.1 if any payment to Dan the Man is not made promptly before the due date for payment;
21.3.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Dan the Man is dishonoured;
21.4 In the event of a default by the Customer, then without prejudice to any other rights which Dan the Man may have at law or under this Agreement:
21.4.1 Dan the Man or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
21.4.2 Dan the Man may recover and resell the Goods;
21.4.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Dan the Man may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Dan the Man and the Customer may be ascertained. Dan the Man must promptly return to the Customer any goods the property of the Customer and Dan the Man is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
21.4.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Dan the Man. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Dan the Man at the time of the receipt of such proceeds. The Customer will pay Dan the Man such funds held in trust upon the demand of Dan the Man.
21.5 Separately, Customer hereby charges all its right, title and interest to and in the proceeds of sale of the Collateral (as defined in the PPSA) as original collateral, or any of it, in favour of the Dan the Man.

22 PPSA
22.1 Defined terms in this clause have the same meaning as given to them in the PPSA.
22.2 Dan the Man and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Dan the Man to claim:
22.2.1 a Purchase Money Security Interest (“PMSI”) in favour of Dan the Man over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms; and
22.2.2 a security interest over the proceeds of sale of the Collateral referred to in (a) as original collateral.
22.3 The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
22.4 The Proceeds of sale of the Collateral referred to in clause 19.2.1 falls within the PPSA classification of “Account”.
22.5 Dan the Man and the Customer acknowledge that Dan the Man, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to these Terms and in the relevant Proceeds.
22.6 To the extent permissible at law, the Customer:
22.6.1 waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Dan the Man.
22.6.2 agrees to indemnify Dan the Man on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis, associated with the;
22.6.2.1 registration or amendment or discharge of any Financing Statement registered by or on behalf of Dan the Man; and
22.6.2.2 enforcement or attempted enforcement of any Security Interest granted to Dan the Man by the Customer;
22.6.3 agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;.
22.6.4 agrees to waive its right to do any of the following under the PPSA:
22.6.4.1 receive notice of removal of an Accession under section 95;
22.6.4.2 receive notice of an intention to seize Collateral under section 123;
22.6.4.3 object to the purchase of the Collateral by the Secured Party under section 129;
22.6.4.4 receive notice of disposal of Collateral under section 130;
22.6.4.5 receive a Statement of Account if there is no disposal under section 132(4);
22.6.4.6 receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
22.6.4.7 receive notice of retention of Collateral under section 135;
22.6.4.8 redeem the Collateral under section 142; and
22.6.4.9 reinstate the Security Agreement under section 143.
22.6.5 All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

23 Liens
23.1 The Customer acknowledges that Dan the Man may have a common law or statutory lien over the Goods. In the event that there is no such lien, the Customer agrees that Dan the Man has a general lien over all Goods including the right to sell the same where the Customer is in default under these Terms.

24 On-Sale
The Customer agrees that upon the on-sale of any Goods to third parties, it will:
24.1 inform any third party involved of these Terms;
24.2 inform any third party of Dan the Man’s product warranties if any; and
24.3 not make any misrepresentations to third parties about the Goods.

25 Trustee Capacity
If Customer is the trustee of a trust (whether disclosed to Dan the Man or not), Customer warrants to Dan the Man that:
25.1 Customer enters into this Agreement in both its capacity as trustee and in its personal capacity;
25.2 Customer has the right to be indemnified out of trust assets;
25.3 Customer has the power under the trust deed to enter into this Agreement; and
25.4 Customer will not retire as trustee of the trust or appoint any new or additional trustee without first advising the Dan the Man.

26 Indemnity
To the full extent permitted by law, Customer will indemnify Dan the Man and keep Dan the Man indemnified from and against any liability and any loss or damage Dan the Man may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.

27 Privacy
The Customer authorises the Company to collect, retain and use any information about the Customer for the purposes outlined in, and accordance with, our Privacy Policy and the National Privacy Principles.
The Customer agrees at all times to comply with the provisions of our Privacy Policy. The Customer may request a copy of the Privacy Policy from the Company at any time.

28 Force Majeure
28.1 Dan the Man will not be liable for the consequences of any failure or delay in performing any of its obligations under these Terms to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.
28.2 a Force Majeure Event arises, Dan the Man will notify the Customer in writing of the Force Majeure Event and the likely impact it will have on Dan the Man’s performance under these Terms. If the Force Majeure Event affects the capacity of Dan the Man to complete its material obligations under these terms in a timely manner, Dan the Man may by notice to the Customer terminate this Agreement without any liability whatsoever on its part arising from that termination.

29 General
29.1 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
29.2 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
29.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
29.4 No waiver of any of these Terms or failure to exercise a right or remedy by Dan the Man will be considered to imply or constitute a further waiver by Dan the Man of the same or any other term, condition, right or remedy.
29.5 Neither party excludes or limits the application of any statute (including but not limited to the Competition and Consumer Act 2010 (Cth) (CCA) as amended from time to time and its Schedule 2, the Australian Consumer Law), where to do so would contravene that statute or cause a provision of these Terms to be void. Any stated exclusion or limitation in this Terms is only to the full extent permitted at law.
29.6 Unless otherwise provided, all dollars amounts referred to in this Terms are in Australian Dollars.

Schedule 1 – Warranty Statement

Express Warranty
The following terms and conditions apply to any claim made by the Customer under the Limited Warranty specified in clause 4.
Investigation of Claims:
All Goods, the subject of a warranty claim, must be returned to the COMPANY for evaluation before any warranty claim is approved.
To make a warranty claim pursuant to this Warranty, the Customer must:

notify the COMPANY in writing within 7 days of the alleged defect first coming to the Customer’s notice and within 90 days from the date of delivery of the Goods and within the warranty period;
provide the COMPANY all information required, including serial numbers, photos of the alleged defect, and with reasonable evidence of the proof of purchase;
provide evidence that the Goods has been installed correctly and is used in accordance with the COMPANY’s instructions supplied with the Goods and any manufacturer’s requirements/instructions; and
make the Goods available for inspection by the COMPANY (which is at the Customer’s cost), so that the COMPANY may carry out all necessary work with the Goods.

Conditions of Warranty:
This warranty extends only to:

defects that arise solely from faulty materials or workmanship under proper use of the Goods when operated in accordance with the supplied instructions and specifications and all manufacturers requirements;
Goods installed or operated by a suitably qualified and experienced person;
where the defects appear in the Goods within the warranty period.

Exclusions to Warranty:

This Warranty does not cover;

any claim in respect to the creative design of the Goods or;
unauthorised repairs, alteration, modification or substitution of any parts of the Goods, installation or use of the Goods not in accordance with the instructions or specifications supplied or not in accordance with any applicable manufacturer’s warranties;
malfunction of Goods due to faulty installation or operation by the Customer;
Goods that have their serial number or model number label removed or defaced (if applicable);
Other goods that are not manufactured or supplied by COMPANY;
Normal wear and tear due to the course of normal use;
Accidental damage or damage caused by an extra ordinary event or circumstance beyond your or anyone else’s control including (without limitation) damage caused by:

o environmental factors;
o natural discolouration of material due to ultraviolet light,
o crushing, impact with hard surface or damage caused in the transit of the product,
o foreign material, or exposure of the product to excessive heat or cold or to solvents, or water entry into the product,
o abnormal product performance caused by any ancillary product interference or other external factors.
Freight charges both ways associated with any warranty claim are to be paid for by the Customer and COMPANY accepts no liability for loss or damage to the Goods during transit.
Charges will apply for any non-warranty services performed.