General Terms

Unless otherwise agreed in writing with Australian Portable Toilets Pty Ltd (ABN 71 095 982 746) (APT), its agents, assigns or related entities, these General Terms of Sale, and any Credit Application, the Deed of Guarantee, and any quotations or invoices (collectively, the Terms) apply to the sale and supply of the Goods to the Customer, and constitute the entire agreement between APT and the Customer.

1. DEFINITIONS

Unless the context otherwise requires:

ACL means the Australian Consumer Law contained in Schedule 2 to the Competition & Consumer Act 2010 (Cth) as amended from time to time;

APT or Australian Portable Toilets means Australian Portable Toilets Pty Ltd (ABN 71 095 982 746);
Business Day means any day that is not a Saturday or Sunday or a public holiday in the place concerned;

Contract means the contract for the provision of Goods comprising of these terms and conditions and the Invoice;

Customer means the person shown on the relevant Credit Application or Invoice as the person or entity purchasing the Goods, and includes such person, contractors, servants, agents, business, partnership, trust or corporate entity (jointly and severally if there is more than one), their agents or assigns and/or other person claiming through, under or in trust for such person;

Credit Application means a credit application submitted to APT by the Customer;

Force Majeure means any circumstance beyond the reasonable control of a party which results in a party being unable to observe or perform on time an obligation under these Terms;

Goods means the goods supplied by APT pursuant to any order accepted by APT;

GST means the goods and services tax imposed by or under the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Insolvency Event means failing or being unable to pay debts as they become due; becoming bankrupt or insolvent; being subject to liquidation or winding up; suffering the appointment of a manager, receiver, receiver and manager, administrative receiver or administrator (or any person carrying out an equivalent function); making any arrangement with or seeking protection from creditors; or being subject to any application or process giving rise to the above;

Invoice means the invoice for the Goods supplied to the Customer by APT;

IPR means patents, rights and inventions, copyright and related rights, trademarks, trade and domain names, rights in get-up, rights in goodwill or to sue for passing off rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual or industrial property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which now or in the future, subsist anywhere in the world;

Order means any order for Goods placed by the Customer in accordance with clause 3;

Order Confirmation has the meaning given to it in clause 3.5;

PPSA means the Personal Property Securities Act 2009 (Cth);

Security Agreement means the security agreement under the PPSA created between the Customer and APT by these Terms;

Security Interest has the meaning as defined under the PPSA; and

Website means www.portabletoilets.com.au.

2. TERMS

2.1 These Terms constitute the entire agreement between APT and the Customer. All prior negotiations, representations, understandings,

2.2 arrangements and agreements (whether oral and/or in writing), may be superseded by these

2.3 These Terms cover each and every and all supply of Goods from APT to the Customer.

2.4 APT may vary these Terms from time to time. Any orders placed after the variation date will be deemed an acceptance of such varied Terms.

2.5 In the event of any inconsistency between these Terms and any other terms and conditions (of the Customer or otherwise), these Terms prevail.

3. SUPPLY OF GOODS

3.1 If APT provides the Customer with a quotation with respect of Goods, that quotation is an invitation to treat only, only valid in writing and valid for 30 days from the date of the quotation.

3.2 The Customer may order Goods by submitting an Order to APT via phone, or email. All orders made by the Customer must include the following information:

(a) description of the Goods;

(b) quantity and volume of the Goods;

(d) requested date for

3.3 Any request from the Customer to APT for the supply of Goods will constitute acceptance of the

3.4 APT may, for any reason in its absolute discretion, refuse to accept an Order made by the Customer

3.5 Any Orders placed by the Customer are not binding on APT unless and until APT provides the Customer with a written confirmation of the Order (Order Confirmation). APT has sole discretion to accept or reject any Order, any part of an Order, or any variation of an Order.

3.6 APT will, prior to or upon supplying the Goods to the Customer, provide the Customer with an Invoice in respect of the Goods supplied.

3.7 If there is any variation to any of the information supplied by the Customer to APT (including as to the structure or nature of the Customer’s business) the Customer must notify APT in writing as soon as practicable.

4. PRICING AND PAYMENT

4.1. The price for the supply of Goods is the price specified in the Invoice or account provided to the Customer by APT. Any other price indications are subject to alteration as at the delivery date.

4.2. Unless otherwise stated, the price for the supply of Goods as stated on an invoice excludes GST.

4.3. APT may vary the purchase price for the Goods if:

(a) the Customer requests any variation to an order; or

(b) there are any changes in the costs incurred by APT in relation to the Goods (including, but not limited to, the introduction of any legislation, regulation or government policy).

4.4. All prices are quoted in Australian dollars and all credit cards are charged in Australian dollars.

4.5. Orders that are shipped to countries outside Australia may be subject to import taxes, customs duties and fees levied by the destination country. Additional charges for customs clearance will be the Customer’s responsibility.

4.6. The Customer acknowledges that there may be duties and taxes added to your order by the destination country. The Customer will be responsible for these upon delivery and are not included in the Customer’s order total.

4.7. These are not included in the order total, and the Customer is responsible for these upon delivery.

4.8. If the Customer has a Credit Account, the Customer must pay the price for the supply of Goods in accordance with the terms of that Credit Account.

4.9. At APT’s sole discretion, a deposit may be required prior to the supply of any Goods.

4.10. Payment for the supply of Goods will be made by the Customer to APT as set out in the relevant invoice or Credit Application, and otherwise within 30 days of the end-of-month (EOM) in which the Goods were supplied.

5. DEFAULT

5.1. If the Customer defaults in payment by the due date of any amount payable to APT, then all money which would become payable by the Customer to APT at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and APT may, without prejudice to any of its other accrued or contingent rights:

(a) charge the Customer interest on the amounts outstanding at 12% per annum, calculated monthly from the date of purchase and/or other extension of credit until payment in full;

(b) charge the Customer for, and the Customer must indemnify APT from, all costs and expenses (including without limitation all legal costs and expenses, collection costs, dishonour fees and stamp duty) incurred by it resulting from the default or in taking action to enforce compliance with these Terms;

(d) by written notice to the Customer, terminate any credit arrangement and these Terms.

5.2. APT is entitled to set off against any money owing to the Customer by amounts owed to APT.

6. DELIVERY

6.1. The Customer will, unless APT and the Customer otherwise agree, bear the cost of delivery of the Goods.

6.2. APT is authorised to deliver the Goods at the address nominated by the Customer.

6.3. APT will make all reasonable efforts to deliver the Goods to the Customer by the date agreed between the parties. However, any times quoted for delivery are estimates only and APT will not be liable for:

(a) any failure to deliver, or delay in delivery, of Goods;

(b) any damage or loss due to the unloading or packaging of Goods; or

6.4. The Goods will be deemed delivered in accordance with these Terms when delivered to the address given by the Customer.

6.5. If no-one at the specified address agrees to take delivery or the Goods are unable to be delivered for another reason, the Customer authorises APT to deal with the Goods as APT thinks fit.

6.6. Any dealings by APT in accordance with clause

6.5 are at the Customer’s sole expense and risk and without liability to APT.

6.7. Upon delivery or collection and prior to use of any Goods, the Customer will inspect the Goods as appropriate as to the type, quantity, quality, and any other characteristic of the Goods.

6.8. APT reserves the right to deliver Goods by instalments.

6.9. The Customer indemnifies APT against any loss or damage incurred by APT, its sub-contractors or employees as a result of delivery, except where excluded by law.

6.10. The Customer will indemnify APT against any losses, costs or expenses incurred by APT due to any failure by the Customer to accept the Goods at the time of delivery or collection.

6.11. APT will not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery or failure to deliver goods, either whole or in part, due to circumstances which APT has not foreseen.

6.12. The failure of APT to deliver will not entitle the Customer to treat the contract as terminated.

7. PRODUCT AVAILABILITY

7.1. APT will make reasonable endeavours to complete the Customer’s Order in accordance with the product range presented and by the delivery date as requested by the Customer but without APT incurring any obligation or liability to do so without further subjecting itself to any liability to meet requested delivery dates or to deliver Goods ordered.

7.2. In the event such delays become unreasonable or APT cannot fulfil the Customer’s order at all, for whatever reason, the Customer may elect to terminate this Contract by written notice to APT and APT will fully refund any money the Customer has paid for the Goods.

8. CANCELLATION

8.1. APT reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted.

8.2. If APT cancels an order after acceptance it will give the Customer reasonably notice by sending the Customer an email notifying of the cancellation.

8.3. Cancellations by the Customer must be approved by APT. This clause does not affect any right the Customer may have under the ACL.

8.4. In the event that the Customer cancels delivery of Goods, the Customer will be liable for any costs incurred by APT up to receiving such notice from the Customer including, but not limited to, any re-stocking fees incurred by APT.

8.5. Except to the extent otherwise required by law (including, without limitation, the ACL) or as expressly set out in these Terms, APT will not be liable to the Customer, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of the Customer’s order.

9. ACCOUNT TERMS

9.1. The Customer must pay for all Goods delivered in accordance with the terms of the relevant invoice, or otherwise as specified by APT, and acknowledges that time is of the essence in respect of any amounts to be paid to APT by the Customer.

9.2. Credit extended to the Customer for all Goods sold will be made in accordance with the Credit Terms, or as otherwise agreed in writing with APT.

9.3. APT may withdraw the Customer’s credit facilities at any time or vary the Customer’s credit limit, without notice to the Customer.

9.4. APT may allow the Customer to purchase and continue to purchase Goods as long as the total of the Customer’s account does not exceed its pre-approved account limit.

9.5. The Customer acknowledges that APT may revoke any credit granted to the Customer at any time.

9.6. The Customer acknowledges that a Security Interest may arise in each and every previously supplied, and future supply, of Goods by APT to the Customer.

10. RETURN OF GOODS

10.1. Subject to any rights that the Customer may have to reject the Goods under the ACL, the Customer will be deemed to have accepted the Goods as being in accordance with the order unless it notifies APT in writing within two (2) Business Days of receipt of the Goods of any defects, short deliveries or any failure to fulfil the order.

10.2. The Customer will be required to provide evidence to support any claim under clause 10.1.

10.3. If the Customer fails to notify APT within the specified period in clause 10.2, then the Goods will be deemed to be in compliance with the order and free from any defect whatsoever.

10.4. The Customer must obtain prior written authorisation from APT’s customer services.

10.5. The Customer may return Goods to APT provided that:

(a) the Goods are damaged, wrongly supplied, or defective;

(b) the Goods must be returned within ten (10) Business Days of the date of delivery;

(d) the Goods are returned in the original state or condition in which they were supplied, together with all packaging and any instruction materials.

10.6. All Goods returned by the Customer are subject to assessment by APT, and APT may, if permitted by the ACL or any other law, refuse to accept the return of the Goods at its sole discretion.

10.7. Unless APT and the Customer otherwise agree in writing, the Customer will bear the costs of delivery when returning Goods.

10.8. Subject to the Customer’s rights under the ACL, the following Goods cannot be returned by the Customer to APT under any circumstances:

(a) those that were used, damaged or altered in any way by the Customer;

(b) those that were on-sold by the Customer; or

10.9. Any return requests due to change of mind must be submitted via email to sales@portabletoilets.com.au.

10.10. All change of mind return requests will be evaluated on a case-by-case basis. APT is not obliged to provide a refund or replacement for return requests due to change of mind.

11. PROPERTY AND RISK

11.1. The Goods will be at the sole risk of the Customer from the time they are delivered or deemed to be delivered.

11.2. The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties, arising out of the use or possession of the Goods sold by APT, unless recoverable from APT on the failure of any statutory guarantee under the ACL.

11.3. Until APT receives full payment in cleared funds for all Goods supplied by it to the Customer, as well as all other amounts owing to APT by the Customer:

(a) property in and title to the Goods remains vested in APT and will not pass to the Customer;

(b) the Customer holds the Goods as bailee for APT;

(d) the Customer must hold the proceeds of sale of the Goods on trust for APT, however failure to do so will not affect the Customer’s obligation to deal with the proceeds as trustee; and

(e) APT may, without notice, enter any premises where it suspects the Goods are and remove them, and for this purpose the Customer irrevocably licenses APT to enter such premises and indemnifies APT from and against all costs, claims, demands or actions by any party arising from such action.

12. PERSONAL PROPERTY SECURITIES ACT

12.1. Unless the context requires otherwise, terms used in this clause 12 have the meaning given to them by the PPSA.

12.2. The Customer acknowledges and agrees that these Terms are an accepted and adopted Security Agreement between APT and the
Customer for the purposes of the PPSA and that a Security Interest exists in all Goods supplied to the Customer (and their proceeds).

12.3. To secure payment of the secured money and performance of the Customer’s obligations to APT, the Customer charges all of its legal and equitable interest (including as beneficial owner, both present and future) of whatsoever nature held in any and all real property in favour of APT.

12.4. The Customer acknowledges, agrees and grants to APT, a Security Interest in:

(a) all Goods and any proceeds previously supplied by APT to the Customer;

(b) all Goods and any proceeds that will be supplied in the future by APT to the Customer; and

12.5. The above Security Interest secures all moneys owing by the Customer to APT under these Terms or otherwise.

12.6. The Customer acknowledges and agrees the Security Interest is a continuing and subsisting interest in the Goods with priority over any registered or unregistered general (or other) Security Interest and any unsecured creditor.

12.7. The Customer acknowledges that the Security Interest over Goods or their proceeds arising under these Terms as and where applicable will be a purchase money Security Interest (PMSI) and deemed to be inventory to the extent that it secures payment of amounts owing in relation to the Goods.

12.8. The Customer will do everything reasonably required of it by APT to enable APT to register its Security Interests with the priority APT requires and to maintain those registrations, including to correct a defect in a financing statement.

12.9. The Security Interests arising under this clause 12 will be perfected by APT prior to the Customer obtaining possession on delivery of the Goods and the parties confirm they have not agreed that any Security Interest arising under this clause 12 attaches at any later time.

12.10. APT does not need to give the Customer any notice under the PPSA (including notice of the financing statement or verification statement) unless required by the PPSA.

12.11. Any time the Customer makes a payment to APT, irrespective of whether the payment is made under or in connection with this Agreement, APT may apply that payment:

(a) first to satisfy an obligation that is not secured;

(b) second, to satisfy an obligation that is secured, but not by a PMSI;

(c) third, to satisfy an obligation that is secured by a PMSI for that obligation and using proceeds from the sale of the collateral subject to that PMSI; and

(d) fourth, to satisfy an obligation that is secured by a PMSI using funds or proceeds from any source.

12.12. For the avoidance of doubt and without prejudice to APT’s rights under the PPSA, the Customer:

(a) May on sell the Goods to its customers, provided that any customer or third-party purchase is given notice of APT’s security interest in the Goods, and if it does so, then APT will have a Security Interest in the proceeds of sale; and

(b) will, where and when applicable and instructed by APT, implement, maintain and comply in all material respects with, procedures for the perfection of Security Interests, including taking all steps under the PPSA to perfect continuously any such Security Interest.

12.13. The Customer agrees that sections 95, 120, 121(4), 125, 128, 129, 130, 132, 134, 135, 142, 143 and 157 of the PPSA will not apply to the enforcement of those Security Interests.

12.14. The Customer agrees not to disclose to an ‘Interested person’ (as defined in section 275(9) of the PPSA) or any other person, any Information of the kind described in section 275(1) of the PPSA including these Terms as the security agreement between the Customer and APT.

12.15. The Customer will notify APT immediately in writing if the Customer changes its name or address for service, contact details or if there are any changes required under the PPSA in respect of these Terms.

12.16. The Customer agrees to keep and maintain all Goods free of any charge, lien, or Security Interest except as created under these Terms and not otherwise to deal with Goods in a way that will, or may, prejudice the rights of APT under these Terms or the PPSA.

12.17. The Customer’s right to possession of Goods still owned by APT under these Terms will cease if:

(a) the Customer being an individual, commits an act of bankruptcy; or,

(b) the Customer being a corporation, circumstances arise where a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customer’s assets, any proceedings are instituted for winding up, or the Customer enter into a deed or scheme of arrangement; or

(c) the Customer ceases or threatens to cease conducting business in the normal manner or apply for deregistration or receive a deregistration notice; or

(d) any cheque the Customer provides to APT is dishonoured for payment; or

(e) the Customer fails to comply with any demand for payment issued by APT; or

(f) the Customer is in breach any of these Terms or is in default of any other agreement with APT.

12.18. The Customer agrees that APT is entitled to exercise the rights contained in section 123 of the PPSA and enter any premises where the Goods supplied by APT are still unpaid for, repossess and sell such Goods. The Customer agrees to indemnify and keep APT indemnified in respect of any claims, actions and costs that may arise against APT in relation to the removal, repossession and sale of the Goods pursuant to these Terms including any claims brought by third parties.

12.19. The Customer agrees that repossession and retention of the Goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to APT by the Customer, as is equivalent to APT’s estimation of the market value of the Goods as it is at the date of repossession and the repossession and retention will immediately extinguish any rights for interest the Customer has in relation to the Goods.

12.20. Until any obligations owed to APT by the Customer are discharged in full, the Customer must not give APT a written demand or allow any other person to give APT a written demand requiring APT to register a financing change statement under the PPSA or enter into or allow any other person to enter into the PPSR, a financing change statement.

13. WARRANTY

13.1. APT’s Goods come with guarantees that cannot be excluded under the ACL.

To the extent that the Customer is a ‘consumer’ within the meaning of the ACL, the following applies:

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.

13.2. APT warrants that all Goods supplied are of merchantable quality, reasonably fit for purpose, and match the sample and any description provided on the Website.

13.3. Should any Goods not be of merchantable quality, APT will replace the Goods at no cost to the Customer or provide the Customer with a full refund at the Customer’s preference. Please contact our online customer service team via email at sales@portabletoilets.com.au.

14. INDEMNITY

The Customer will indemnify and keep indemnified and hold APT harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by APT, and from and against all actions, proceedings, claims or demands made against APT, arising from one or more of the following:

(a) the Customer’s failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the Goods or the use of the Goods; and

(b) any negligence or breach of duty by the Customer and its employees, agents or contractors in relation to the Goods or the use of the Goods.

15. LIABILITY

15.1. Any provision of these Terms that excludes any terms, conditions or warranties, or limits the liability of a party will apply only to the extent permitted by law and these Terms will be construed subject to such terms, conditions, warranties and limitations.

15.2. To the extent permitted by law, APT excludes all implied terms, conditions and warranties.

15.3. Except as expressly provided in these Terms, to the extent permitted by law, APT will have no liability to the Customer, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity.

16. FORCE MAJEURE

16.1. Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) if such delay is due to Force Majeure.

16.2. If a delay of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations will be suspended for the duration of the Force Majeure.

16.3. If the Force Majeure has lasted for more than one(1) month, either party may cancel all or part of these Terms. In the event of Force Majeure, the Customer does not have the right to any compensation or payment even if APT has enjoyed any benefit as a result of the Force Majeure.

16.4. APT will inform the Customer as soon as possible of any potential or actual Force Majeure.

17. INTELLECTUAL PROPERTY RIGHTS

All confidential information, material and IPR supplied by APT belong to APT.

18. PRIVACY

APT’s collection, use, and disclosure of the Customer’s information is set out in the Privacy Policy, which is available on the Website and forms part of these Terms.

19. OWNERSHIP

The Customer agrees to notify APT in writing within five (5) Business Days of any change whatsoever in ownership structure and, further, indemnifies APT against any loss or damage that may result from the Customer’s failure to notify APT of any such change.

20. TERMINATION

20.1. Either Party may terminate the Terms at any time with immediate effect by giving the other Party written notice of termination if:

(a) the other Party commits a material breach of the Terms which is not remediable; or

(b) the other Party, having breached a term of the Terms which is remediable and having been given a notice which specifies the breach that has occurred and requires rectification, fails to remedy the breach within the time specified.

20.2. Notwithstanding the provisions in clause 20.1, either party may terminate the Terms upon giving twenty (20) Business Days’ written notice of termination to the other.

20.3. Upon termination of these Terms under clause

20.1 or 20.2, the Customer must immediately pay all invoices in full.

21. DISCLOSURE OF INFORMATION

APT may disclose the information in this application and any default in payment in excess of sixty (60) days to a credit reporting agency in accordance with the Privacy Act 1988 and may obtain a report regarding the Applicant’s credit worthiness from a credit reporting agency or any credit provider named on this Application or disclosed by a credit reporting agency of which APT regularly deal with.

22. PROVISIONS SEVERABLE

The Parties acknowledge and agree that if any provision or part of any provision of these Terms is unenforceable, it will be read down to be enforceable or, if it cannot be read down, the term will be severed from the Terms without affecting the enforceability of any part of such provision or any other provision.

23. DISPUTE RESOLUTION

23.1. This clause 23 applies if the Customer has a Credit Account.

23.2. Before instituting legal proceedings, any dispute between APT and the Customer in relation to the Terms will be referred to mediation administered by the Australian Commercial Disputes Centre (ACDC) and held in Melbourne, Victoria.

23.3. If the dispute has not been resolved within 28 days of the appointment of a mediator, APT or the Customer may commence legal proceedings.

23.4. Nothing prevents either APT or the Customer from seeking urgent injunctive relief from a court of appropriate jurisdiction.

24. CUSTOMER TRADING THROUGH TRUST

24.1. The Customer agrees that even though it enters into the Terms as trustee of a trust, the Customer will also be liable personally for the performance and observance of every term or covenant to be observed and performed by the Customer, whether express or implied in these Terms.

24.2. The Customer warrants that it has complete, valid and unfettered power to enter into these Terms pursuant to the provisions of a trust where applicable and warrants that the Customer’s entry into these Terms is in the due administration of the trust.

24.3. The Customer covenants it has an unrestricted and unlimited right of indemnity against the property of the trust.

24.4. The Customer warrants that all information provided to APT is true and correct and acknowledges that APT has relied on and has been induced on this basis to grant credit and/or deal with the Customer.

24.5. The Customer indemnifies and will keep APT indemnified against all loss incurred by APT as a result of the failure to disclose the existence of any trust or trustee relationship, including any loss incurred as a result of registering a PPS registration against the wrong entity or with the wrong identifiers.

25. GENERAL

25.1. All rights under these Terms are in addition to and do not abrogate, limit or reduce any other rights that APT may have.

25.2. These terms are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive courts exercising jurisdiction in that state.

25.3. APT’s failure to enforce any of these Terms will not be construed as a waiver of any of APT’s rights.

25.4. APT is not bound by any agreement purporting to waive or vary these Terms unless such agreement is in writing and signed by a duly authorised representative.

25.5. APT accepts no responsibility for changes in any law which may affect the supply of Goods.

25.6. Clerical errors are subject to correction and do not bind APT.

25.7. In placing any order with APT, the Customer expressly represents that the Customer:

(a) is solvent; and

(b) has not committed an Insolvency Event; and

(c) knows of no circumstances which would entitle any secured creditor to appoint a receiver or which would entitle any creditor or shareholder to apply to the Court to liquidate the Customer or exercise any other rights over or against the Customer’s assets.

25.8. A notice must be in writing and handed personally or sent by email or prepaid mail to the addressee. Notices sent by mail are deemed to be received three (3) days after posting. Notices sent by fax or email are deemed received on confirmation of transmission or otherwise in accordance with applicable Laws.

25.9. Where a person uses or authorises the use of his or her signature in whatever form, including approving an authorised person (including any employee) to apply his or her signature to a
document, leaving an authorised person with his

25.10. or her email address and password, that person agrees that they:

(a) have full knowledge of these Terms and all material circumstances related to or as stated in the relevant document;

(b) have provided the requisite authority in whatever form for the use of their signature for the express purpose of entering into legally binding arrangements;

(c) acknowledge that APT has relied on this clause and any signature as being applied with full and complete authority (express, implied or ostensible) by person whose signature is used; and

(d) understand the nature and effect of these Terms.

25.11. APT and the Customer consent to the Terms being produced, signed and retained solely in an electronic form, provided that the production, signing and retention complies with the requirements of the relevant Electronic Transactions Acts.

25.12. The rights and obligations of APT and the Customer under the Terms will be binding on, and will be of benefit to, each of the party’s successors, permitted assigns, heirs, executors and administrators.