Terms & Conditions

This page sets out the terms that apply to Zankap Pty Ltd (ABN 30 630 226 443). It has two parts:

• Part A: Website Terms of Use apply to anyone using this website.
• Part B: Terms and Conditions of Sale apply to all quotations, orders and Products supplied by Zankap Pty Ltd, whether ordered through this website or otherwise.

If Part A and Part B conflict on anything to do with the supply of Products, Part B applies.

Part A: Website Terms of Use

These website terms and conditions (“Terms of Use”) apply to use of the website and by using the website you agree to be bound by these Terms of Use. These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Please read these Terms of Use carefully. If you do not agree to these Terms of Use you should not obtain or use information, services or products from this website.

This website exists for the benefit of those individuals interested in information on Zankap Pty Ltd in Australia.

It is run by Zankap Pty Ltd (ABN 30 630 226 443). Zankap Pty Ltd reserves the right to modify any of the Terms of Use and Privacy Policy at any time.

Product Information

Information displayed on the Zankap Pty Ltd website is current at the time of display. We take every reasonable care to ensure accuracy of all information listed. However, Zankap Pty Ltd is not liable for any errors in information.

Always Check the Information

Zankap Pty Ltd provides information on the Zankap Pty Ltd website for informational purposes only and it is not a substitute for professional advice provided by consultants once engaged in a contractual services agreement.

Zankap Pty Ltd continuously updates its website and the website is subject to change without notice and should never be relied upon as the basis for doing or failing to do something.

No Liability

Zankap Pty Ltd does not make any representations regarding the use and results obtained from the information on this website and no warranty or guarantee is expressed or implied with any information in this website.

In no event shall Zankap Pty Ltd, its employees or associates be liable to any person or individual for any loss or damage whatsoever which may arise out of the use of this website or any of the information available at the website. Any advice from this website is to be used at your own discretion.

You agree to defend, indemnify, and hold harmless Zankap Pty Ltd, its officers, directors, employees, agents, subcontractors, licensors and suppliers from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees on a solicitor/own client basis, arising from or in connection with, or resulting or alleged to result from, your use of the website, or your violation of any of these Terms of Use.

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

Links

If you wish to establish a link to the Zankap Pty Ltd website from your website, you must seek our prior written consent. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and Zankap Pty Ltd is not responsible for the content and maintenance of or privacy compliance in relation to any linked website. Any hyperlink on our website to another website does not necessarily imply our endorsement, support or sponsorship of the operator of that website or the information and/or products that they provide.

Trademark

Zankap Pty Ltd is the trademark of Zankap Pty Ltd and may not be used without prior, specific, written consent, requested by email to accounts@zankap.com.au or by post to Zankap Pty Ltd at Unit 203, 354 Eastern Valley Way, Chatswood NSW 2067.

Copyright and Intellectual Property

Copyright for content on this website is the property of Zankap Pty Ltd. Material on this website may be viewed and reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this site may not be otherwise reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from Zankap Pty Ltd.

Intellectual property rights for software, scripts, programming code, animation and processes used in this website are the sole property of Zankap Pty Ltd, including without limitation all copyrights and other proprietary rights inherent therein.

Security Risk

Third parties may intercept or modify transmissions to and from this site and it is possible that computer viruses or other defects may be contained in the files obtained from or through this site.

Questions and Comments

If you have any questions, comments or corrections about the information on this site, please email accounts@zankap.com.au. It is understood that you disclaim and waive all rights in any ideas or suggestions that you submit to Zankap Pty Ltd. You further agree that Zankap Pty Ltd will be free to use those ideas or suggestions in any way without obligation to you and you warrant that you are free to disclose the same without obligation to any other party.

Part B: Terms and Conditions of Sale

1. Definitions and interpretation

1.1 In these terms and conditions:

• Agreement means the agreement between Zankap Pty Ltd and the Purchaser comprising these terms and conditions and any other document which Zankap Pty Ltd provides to the Purchaser and which is expressed to include or be subject to these terms and conditions.
• Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• Consumer means a “consumer” as that term is defined in section 3 of the Australian Consumer Law.
• Consumer Contract means a contract for the supply of goods or services to a Consumer.
• Zankap Pty Ltd means Zankap Pty Ltd (ABN 30 630 226 443).
• Order has the meaning given in clause 3.1.
• Order Confirmation has the meaning given in clause 3.1.
• Products means all goods offered to or supplied to the Purchaser by Zankap Pty Ltd.
• Purchaser means any person or entity to whom Zankap Pty Ltd supplies or offers to supply Products.
• Standard means an applicable standard or specification for a particular Product which is published by Zankap Pty Ltd or mandatory under applicable laws or both.
• Taxes has the meaning given in clause 4.2(b).
• Warranty Information Sheet means the document which forms part of these terms and conditions and which contains information Zankap Pty Ltd provides to Purchasers who are also Consumers under applicable provisions of the Australian Consumer Law.

2. Application of terms and conditions

2.1 These terms and conditions apply to all quotations, offers and purchase orders made or accepted by Zankap Pty Ltd and to all Products sold or otherwise supplied by Zankap Pty Ltd to a Purchaser.

2.2 So far as applicable, these terms and conditions also apply to the provision of any services accompanying the supply of, or provided in relation to, Products and, where the context allows, any reference to the sale or supply of Products includes the provision of such services.

2.3 These terms and conditions may not be varied or cancelled unless agreed in writing by Zankap Pty Ltd.

2.4 Other than these terms and conditions, any conditions or other terms which are set out in any offer, purchase order or other document submitted by or on behalf of the Purchaser are expressly excluded.

3. Orders

3.1 Each Purchaser’s order must be in writing (Order) and will be binding on Zankap Pty Ltd only if Zankap Pty Ltd gives written acknowledgement of its acceptance on these terms and conditions (Order Confirmation).

3.2 Despite clause 3.1, if Products are supplied by Zankap Pty Ltd without an Order Confirmation, Zankap Pty Ltd’s conduct in accepting and fulfilling an Order will be deemed to constitute the Order Confirmation and Zankap Pty Ltd’s invoice will constitute evidence of the Order Confirmation.

4. Prices and payment

4.1 The prices of the Products are those set out in Zankap Pty Ltd’s then-current applicable price list at the date of their dispatch, unless otherwise specified in the Order Confirmation. Zankap Pty Ltd also reserves the right to change prices for its Products and any applicable price list without notice to the Purchaser.

4.2 Unless otherwise specified, all prices are:

1. exclusive of delivery costs
2. exclusive of all taxes, including goods and services tax (GST), sales, consumption and value added taxes, duties, excises, imposts and levies relating to the supply or use of the Products (Taxes).

4.3 Unless otherwise agreed or specified by Zankap Pty Ltd, payment is due in full within 30 days of the end of the month of the date of the invoice.

4.4 Zankap Pty Ltd may at its discretion charge a minimum order fee of $25.00 for any orders below $150.00.

4.5 Zankap Pty Ltd may refuse, extend or withdraw credit to the Purchaser at any time and on such terms as it considers appropriate, in each case at its absolute discretion.

4.6 The Purchaser will pay all amounts due under these terms and conditions to Zankap Pty Ltd by direct transfer to Zankap Pty Ltd’s nominated bank account or in any other manner specified by Zankap Pty Ltd from time to time.

4.7 Zankap Pty Ltd may charge interest up to a rate which is 2% higher than that applied to commercial overdraft balances of over $100,000 by Zankap Pty Ltd’s principal bank, such rate to be compounded and calculated daily on the amount outstanding (including Taxes) after expiry of the due date for payment until it has been paid in full.

4.8 If payment is not made in accordance with clause 4.3, 4.4 or 4.6, or if at any time the credit standing of the Purchaser, in the opinion of Zankap Pty Ltd, is at risk or has been impaired Zankap Pty Ltd may suspend or cancel an Order or delivery of any Products until alternative arrangements as to payment or credit in terms satisfactory to Zankap Pty Ltd have been agreed.

4.9 Despite any other provision of this clause 4, the Purchaser must pay or reimburse Zankap Pty Ltd all Taxes. Without limiting that obligation, if GST is payable on any supply made by Zankap Pty Ltd under these terms and conditions, the Purchaser must pay Zankap Pty Ltd an additional amount eq uivalent to the GST at the time the relevant payment to Zankap Pty Ltd is due. Zankap Pty Ltd will provide the Purchaser with a tax invoice.

4.10 The Purchaser may not withhold or set off any payment or make deductions from any amount owing to Zankap Pty Ltd without Zankap Pty Ltd’s prior written consent.

5. Cancellation and variation of Orders

5.1 Notices of cancellation or variation of Orders submitted by the Purchaser must be in writing and may be accepted or rejected by Zankap Pty Ltd at its discretion.

5.2 If a Purchaser gives a notice under clause 5.1, without prejudice to its other rights, Zankap Pty Ltd reserves the right to charge for all work it has performed and will need to perform in fulfilling an Order or, if the work is substantially complete or the Products were made to order or are otherwise not immediately available for sale to another customer at an equivalent price, to charge for the full amount set out in the applicable Order Confirmation in addition to any other costs it incurs on the Purchaser’s behalf.

6. Delivery and return

6.1 Zankap Pty Ltd will deliver the Products to the Purchaser by means of Zankap Pty Ltd’s preferred carriers. If the Purchaser wishes the Products to be delivered by another carrier, that delivery will be at the Purchaser’s cost and risk.

6.2 Unless Zankap Pty Ltd otherwise agrees, and subject to any additional charges incurred in delivery and transport, delivery of Products will be made to the delivery point in Australia specified in the applicable Order.

6.3 Stated delivery times are no more than an estimate by Zankap Pty Ltd and will not be binding upon Zankap Pty Ltd. Zankap Pty Ltd is not liable for any costs or other loss caused by reason of any delay in delivery.

6.4 If the quantity of Products delivered does not correspond with the quantity stated in an Order the Purchaser will only be liable to pay for the quantity delivered in the case of short-delivery and for the contract price in the case of over-delivery (subject in the latter case to permitting Zankap Pty Ltd to collect the surplus Products) provided that in no event will such short or over-delivery entitle the Purchaser to damages or give the Purchaser a right to rescind the Agreement.

6.5 Any surplus Products delivered to the Purchaser will remain the property of Zankap Pty Ltd and the Purchaser will take all necessary precautions for the safe custody and protection of such surplus Products until the time of their collection by Zankap Pty Ltd.

6.6 If the Purchaser refuses or fails to take delivery of Products Zankap Pty Ltd may, at its discretion and without prejudice to any of its other rights, store those Products at the Purchaser’s risk and expense.

6.7 Except as specified in clause 6.5 Products may only be returned to Zankap Pty Ltd with its prior written consent and subject to the following:

1. all returned Products must be delivered to Zankap Pty Ltd at the Purchaser’s cost within 21 days of their receipt by the Purchaser in good order and condition, unused and in their original packaging together with a despatch note stating the original Order and invoice numbers and t he date of purchase;
2. Zankap Pty Ltd may at its discretion charge the Purchaser a restocking fee of up to 20% of the original net invoice price of any Products returned to it pursuant to this clause 6.7; and
3. Zankap Pty Ltd will generally not accept for return Products which have been manufactured to order unless those Products don ot conform to an applicable Standard, are otherwise proven to Zankap Pty Ltd’s satisfaction to be defective or are supplied under a Consumer Contract and the provisions of clause 10 apply.

7. Passing of risk and title

7.1 Risk in the Products will pass to the Purchaser when the Products are tendered for delivery at the delivery point specified in an Order or when the Products are collected by the Purchaser for loading into the vehicle of the Purchaser, its carrier or other agent.

7.2 Legal and beneficial title (ownership) in the Products will remain with Zankap Pty Ltd until:

1. all amounts in respect of the Products under an applicable Order; and
2. any other amounts the Purchaser may owe Zankap Pty Ltd, whether under these terms and conditions, under any other agreement or pursuant to any other Order,

have been paid in full.

7.3 Until such time as ownership in the Products passes to the Purchaser, the Purchaser will:

1. store the Products in a manner which makes them readily identifiable as the property of Zankap Pty Ltd;
2. hold the Products as bailee of Zankap Pty Ltd;
3. keep, and provide Zankap Pty Ltd at any time on reasonable request, proper and complete stock records covering the receipt, identification, storage, location, sale and movement of the Products; and
4. keep the Products insured against theft, damage and destruction.

7.4 Despite clauses 7.2 and 7.3 the Purchaser is entitled, until notified by Zankap Pty Ltd or until the happening of any of the events set out in clause 7.7, to sell the Products in the normal course of its business, in which case the proceeds of resale must be held in trust for Zankap Pty Ltd in a separate account.

7.5 Zankap Pty Ltd is entitled, at any time while any debt remains outstanding by the Purchaser beyond its due date of payment in respect of the amounts referred to in clause 7.2(a) and clause 7.2(b), to notify the Purchaser of its intention to take possession of the Products and for this purpose to enter upon the land and buildings of the Purchaser with all necessary equipment to take possession of the Products.

7.6 On receipt of notice from Zankap Pty Ltd or on the happening of any of the events set out in clause 7.7, th e Purchaser’s authority to sell or otherwise deal with the Products as set out in clause 7.4 is withdrawn.

7.7 The Purchaser will give immediate notice to Zankap Pty Ltd of:

1. any notice to the Purchaser that a receiver or manager is to be or has been appointed over its assets or any part of its business or undertakings;
2. any notice to the Purchaser that a petition to wind up the Purchaser is to be or has been presented or any notice of a resolution to wind up the Purchaser;
3. a decision by the Purchaser that it intends to make any arrangements with its creditors; or
4. any act of bankruptcy by the Purchaser as defined in section 40 of the Bankruptcy Act 1966 (Cth).

8. Personal Property Securities Act 2009 (Cth) (PPSA)

8.1 The Purchaser acknowledges and agrees that:

1. by agreeing to these terms and conditions (in particular, by virtue of clause 7) the Purchaser grants a security interest pursuant to the PPSA to Zankap Pty Ltd in any Products supplied by Zankap Pty Ltd to the Purchaser and any proceeds of the sale of such Products;
2. Zankap Pty Ltd may register on the Personal Property Securities Register (“PPS Register”) a security interest or purchase money security interest (“PMSI”) in the Products; and
3. Zankap Pty Ltd may, on demand, obtain reimbursement from the Purchaser for all costs and expenses incurred by Zankap Pty Ltd in relation to registering, maintaining or releasing any financing statement or financing change statement (each as defined in the PPSA) in respect of any security interest or PMSI under these terms and conditions.

8.2 The Purchaser undertakes:

1. promptly to do all things, sign any further documents and provide any further information (which information the Purchaser warrants to be complete, accurate and up-to-date in all respects) which Zankap Pty Ltd may reasonably require to enable it to perfect, and maintain the perfection of, its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPS Register);
2. not to register a financing statement or financing change statement in respect of the Products without Zankap Pty Ltd’s prior written consent; and
3. to give Zankap Pty Ltd no less than 14 days’ prior written notice of any proposed change in the Purchaser’s name or any other change in the Purchaser’s details (including, but not limited to, changes in its address, facsimile number or trading name).

8.3 The Purchaser waives its right under section 157 of the PPSA to receive notice of any verification of any registration pursuant to the PPSA.

8.4 The Purchaser agrees that pursuant to section 115(1) of the PPSA and to the maximum extent permitted by law the Purchaser waives its rights under, and with Zankap Pty Ltd’s agreement contracts out of, sections 95,118,121(4),125,129(2) and (3),130,132(3)(d),132(4), 135,142 and 143 of the PPSA.

9. Warranty for defective Products

9.1 Zankap Pty Ltd undertakes that if Products are found upon inspection by or on behalf of Zankap Pty Ltd not to conform to a Standard or are otherwise defective in materials or workmanship, Zankap Pty Ltd will, at its option:

1. replace or repair the Products;
2. bring the Products into conformity with the Standard;
3. take back the Products found not to conform to the Standard or which are otherwise defective and refund the appropriate part of the purchase price; or
4. pay for the cost of replacement or repair of the Products,

provided that:

5. the liability of Zankap Pty Ltd will never exceed the purchase price of the Products; and
6. the Purchaser has performed all its contractual obligations.

9.2 If any Products are damaged during transportation or delivery by Zankap Pty Ltd’s carrier or do not comply with the description on the relevant Order, Zankap Pty Ltd will accept return of those Products and will credit the Purchaser with any amount which it has paid for them.

9.3 Clauses 9.1 and 9.2 apply only if:

1. any alleged defect or damage to the Products occurred within 12 months of the date of their installation or 18 months from the date of their purchase from Zankap Pty Ltd, whichever is the earlier;
2. the Products have been properly handled, stored and maintained and any instructions by Zankap Pty Ltd in relation to the Products and their installation and use (including operating instructions which specify applicable operating and environmental conditions for particular Products) have been fully observed;
3. the Purchaser gives written notice to Zankap Pty Ltd of the alleged defect in respect of the Products, such notice to be received by Zankap Pty Ltd within 14 days of the date when such defect appeared or ought to have been discovered;
4. the Products, being Products of the kind referred to in clause 9.2, are unsoiled and returned unopened to Zankap Pty Ltd accompanied by an itemised list including the batch number and the relevant statement date and number;
5. the Purchaser gives Zankap Pty Ltd a reasonable opportunity to inspect the Products; and
6. the Purchaser makes no further use of the Products after the Purchaser discovers or ought to have discovered that they were defective.

9.4 Clause 9.1 does not apply:

1. to the extent the Products are damaged after risk passes to the Purchaser in accordance with clause 7.1;
2. to the extent the Products have been subjected to abnormal use (including excessive vibration, short circuiting, excessive voltage, interrupted or uneven power supply and negligent operation);
3. to the extent any Products have been repaired, altered or replaced by anyone other than Zankap Pty Ltd or its authorised representatives;
4. to the extent defects or damage to any Products are attributable to their installation or assembly by any third party;
5. to defects or damage arising from normal wear and tear; and to any components of the Products which are not supplied by Zankap Pty Ltd

9.5 Certain Products supplied by Zankap Pty Ltd are specified to have a nominal life or rating. Zankap Pty Ltd does not warrant and will not in any circumstance be liable for defects or failures in any such Products or for any reduction in any such Products’ nominal life or rating attributable to external factors such as vibration, interrupted or uneven power supply or excessive voltage.

9.6 The warranty contained in this clause 9 is personal to the Purchaser and may not be assigned except with the prior written consent of Zankap Pty Ltd. In particular, it is hereby stated and acknowledged by the Purchaser that the warranty contained in this clause 9 confers no rights and is not intended to benefit end-users of Products who are Consumers.

9.7 Zankap Pty Ltd reserves the right to provide express warranties direct to end-users of Products. Such warranties may vary or extend the term of available warranty protection and may also be subject to different conditions than are set out in this clause 9.

10. Exclusion of liability

10.1 Zankap Pty Ltd acknowledges that certain legislation in Australia, including the Australian Consumer Law, provides Consumers with guarantees and rights which cannot be excluded, restricted or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these terms and conditions excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

10.2 To the extent permitted by the Australian Consumer Law, Zankap Pty Ltd’s liability for goods or services supplied under a Consumer Contract that are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at Zankap Pty Ltd’s option, to any one or more of the following:

1. in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and
2. in the case of services, supplying the services again or payment of the cost of having the services supplied again.

10.3 In the case of goods or services which are not supplied by Zankap Pty Ltd under a Consumer Contract:

1. Zankap Pty Ltd accepts no liability for any economic, indirect or consequential loss, including loss of profit, loss of income, loss of contracts or business and loss of data; and
2. Zankap Pty Ltd’s maximum aggregate liability for any cause and under any head of liability will not in any circumstances exceed the total price paid by the Purchaser for those goods and services.

10.4 These terms and conditions describe the full extent of Zankap Pty Ltd’s obligations and liabilities in respect of the supply of the Products and, except as expressly stated or referred to in this Agreement or as otherwise specifically provided in writing by Zankap Pty Ltd, there are no guarantees, conditions, warranties or other terms that bind Zankap Pty Ltd nor will Zankap Pty Ltd otherwise be liable in contract, tort (including negligence) or for breach of statutory duty for any loss, damage, cost or expense of any kind.

11. Product specification and discontinuance

Zankap Pty Ltd reserves the right to:

1. discontinue Products;
2. substitute comparable products; and
3. modify the design, specifications and Standards (other than mandatory Standards) applicable to any of its Products,

at any time including during the currency of these terms and conditions and any current Order and, in each case, without incurring any liability or other obligation to the Purchaser.

12. Termination

12.1 Zankap Pty Ltd may terminate the Agreement, or suspend or cancel any current Order, by written notice to the Purchaser if the Purchaser does not pay any amount in accordance with these terms and conditions.

12.2 Either party may terminate this Agreement, or suspend or cancel any current Order, by written notice to the other if:

1. the other party commits or allows to be committed a material breach of these terms and conditions and does not within 21 days of receiving a written notice from the first mentioned party rectify that breach;
2. the other party commits a material breach of these terms and conditions which cannot be remedied;
3. the other party becomes, or resolves to become, subject to external administration or proceedings under Chapter 5 of the Corporations Act 2001 (Cth); or
4. an event of the kind described in clause 7.7 occurs in respect of the other party.

12.3 Upon the expiration or termination of this Agreement or the suspension or cancellation of any Order for any reason, the Purchaser must promptly pay all amounts owing to Zankap Pty Ltd under this Agreement.

13. Force majeure

Neither party will be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations occasioned by any cause whatsoever that is beyond its reasonable control including: Act of God; war; civil disturbance; requisitioning by governments or public authorities; governmental restrictions; prohibitions or enactments of any kind; import or export regulations; strikes; shipping and transport delays; lock-outs or other industrial disputes (whether involving its own employees or those of any other person); difficulties in obtaining materials; breakdown of machinery; fires; or accidents. If any such event occurs the affected party may to the extent necessary vary or suspend any Order, these terms and conditions or the Agreement, in each case at its discretion and without incurring any liability to the other party for any such loss or damage.

14. Intellectual property

14.1 Zankap Pty Ltd for and on behalf of itself, and its licensees (if any) reserves ownership and intellectual property rights in all inventions, names, illustrations, drawings, plans, specifications, formulas and documents relating to the Products. Nothing in these terms and conditions operates or is intended to deny Zankap Pty Ltd, or its licensees, or confer on the Purchaser, such rights or any other intellectual property rights in the Products.

14.2 If a third party asserts a claim for breach of its intellectual property rights arising from the supply or use of the Products the Purchaser will immediately inform Zankap Pty Ltd and Zankap Pty Ltd will be solely responsible for the defence, resolution and settlement of any such claim. The Purchaser will at Zankap Pty Ltd’s cost and request render such reasonable assistance as Zankap Pty Ltd requires in defending any such claim. In no circumstances will the Purchaser acknowledge or concede the validity of any such claim except with Zankap Pty Ltd’s express written consent. If any such claim against Zankap Pty Ltd succeeds, Zankap Pty Ltd will at its option use its best endeavours to obtain a right to use or license any such intellectual property rights or modify the Products or replace them at its cost.

14.3 The Purchaser will indemnify Zankap Pty Ltd for and in respect of claims by any third party in relation to the Products which arise from or can be attributed to the special processes, requirements or specifications of the Purchaser, including the use or transfer of designs, logos, trade marks and techniques, equipment and tools in the manufacture, production and labelling of the Products.

14.4 In this clause 14 a reference to intellectual property rights includes patents, trade marks, copyright, registered designs and licences and applications in respect of any of the above.

15. Assignment

This Agreement is personal to Zankap Pty Ltd and the Purchaser and any rights and obligations under this Agreement may only be assigned by the Purchaser with the prior written consent of Zankap Pty Ltd.

16. Waiver

No neglect, delay or indulgence on the part of Zankap Pty Ltd in enforcing these terms and conditions will prejudice the rights of Zankap Pty Ltd or be construed as a waiver of any such rights.

17. Severability

If any part of these terms and conditions (including any provision, part, paragraph, phrase or word) is illegal, invalid or unenforceable it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from these terms and conditions, but in any event the remaining provisions will remain in full force and effect.

18. Governing law

This Agreement and these terms and conditions are governed by and must be construed in accordance with the laws which apply in the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these terms and conditions and any other provision of this Agreement.

19. Privacy policy

Zankap Pty Ltd’s Privacy Policy and Credit Reporting Policy is on our website at zankap.com.au. The Purchaser and its directors, partners or proprietors:

1. consent to the collection, use and disclosure of the personal information and credit information for the purpose of Zankap Pty Ltd supplying the Products and managing the Purchaser’s account, assessing the credit worthiness of the Purchaser, registering Zankap Pty Ltd’s security interests on the PPSR and otherwise implementing these terms and conditions and for any other purpose described in the Privacy Policy and Credit Reporting Policy, and warrant that all data provided by the Purchaser is accurate; and
2. consent to any personal information collected by Zankap Pty Ltd being disclosed to third parties operating outside Australia including New Zealand, France, and other European countries, United States of America, and any other country where Zankap Pty Ltd or its related entities have a presence or engage third parties, acknowledge and agree that Australian Privacy Principle 8.1 will not apply to such disclosures, that Zankap Pty Ltd will not be required to take such steps as are reasonable in the circumstances to ensure such third parties outside of Australia comply with the Australian Privacy Principles and will not be accountable under the Privacy Act (Cth) and the individual will not be able to seek redress against Zankap Pty Ltd under the Privacy Act (Cth) in the event such overseas third parties do not comply.

20. Exports and Embargoes

20.1 This section applies where the Purchaser undertakes export, re-export or resale of the Products or where our commercial arrangement is not restricted solely to the Australian market (Exports).

The Purchaser warrants and undertakes to Zankap Pty Ltd:

1. The Purchaser shall comply with all the (re-) export control regulations of Australia, France, the EU and the USA and those of any other applicable jurisdiction and it shall obtain all necessary licences, shipping documents and authorisations required under such legislation in respect of such Exports.
2. The Purchaser shall not export or re-export the Products to a country that is subject to embargo or sanction without having obtained all necessary authorisations from Australian, French, European or American authorities, the United Nations or any other country or organisation that imposes such restrictions

End of Terms and Conditions of Sale.